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New York Real Estate Acquisitions and Sales Attorneys 

Home > Practice Areas > Real Estate Law > New York Real Estate Acquisitions and Sales Attorneys 
Mark Caruso Published  March 3, 2025. Revised May 21, 2026
Mark J. Caruso Esq, Partner at Abrams Fensterman LLP
Best Lawyers in America®, 2024-2026.
2025 NYS Trailblazers in Building & Real Estate

What is a real estate acquisitions and sales attorney in New York?

To complete a real estate acquisition or sale in New York, buyers, sellers, developers, and investors engage a transactional attorney to negotiate the purchase agreement, manage due diligence, coordinate financing, and handle closing. Abrams Fensterman represents clients in asset-based and equity-interest transactions, including joint ventures and portfolio deals, across five New York offices.

 

Real estate acquisitions and sales in New York involve the legal transfer of property ownership through purchase and sale agreements, due diligence, financing coordination, and closing. Sophisticated transactions also include equity-interest transfers, joint ventures, and portfolio deals, each subject to distinct regulatory, tax, and contractual considerations.

 

The firm represents buyers, sellers, developers, and investors in commercial and residential real estate transactions throughout New York. Its Real Estate practice is recognized in Best Law Firms in America for Real Estate Law. Brooklyn Partner Mark J. Caruso, who leads the Real Estate Acquisitions and Sales team, has been named to Best Lawyers in America (2024 to 2026) and the 2025 City and State NY Trailblazers in Building and Real Estate. Abrams Fensterman maintains offices in Long Island (Lake Success), Brooklyn (MetroTech), White Plains, Albany, and Rochester.

 

What types of real estate transactions does the firm handle?

Real estate acquisitions and sales counsel covers asset-based and equity-interest transactions across property types. Abrams Fensterman represents clients in commercial, industrial, retail, multi-family, mixed-use, and residential transactions, including joint ventures, portfolio acquisitions, ground leases, and ownership-interest transfers throughout New York State.

The team handles:

  • Commercial real estate purchase and sale transactions
  • Industrial and retail property acquisitions and dispositions
  • Multi-family and mixed-use development transactions
  • Residential property purchases and sales
  • Ground lease transactions
  • Portfolio and multi-asset acquisitions
  • Ownership-interest and entity-level transfers
  • Joint venture and equity investment agreements

How do asset-based transactions differ from equity-interest transactions?

An asset-based transaction transfers title to the property itself through a deed at closing. An equity-interest transaction transfers ownership of the entity that holds the property, leaving title in place. Each structure carries different tax, transfer-tax, financing, due diligence, and consent implications, so the right choice depends on the deal’s objectives.

 

Asset deals are typical for arm’s length sales between unrelated parties, where the buyer wants a clean chain of title and the seller exits the entity. Equity deals, including LLC membership interest transfers and limited partnership interest sales, are common where preserving in-place financing, existing leases, tax basis, or transfer-tax positioning matters more than transferring title. Abrams Fensterman structures both, tailoring documentation to financing terms, lender consents, partner approvals, and the client’s tax and investment objectives.

 

Who does the firm represent in real estate transactions?

Real estate acquisitions and sales counsel at Abrams Fensterman covers both buy and sell sides. The team advises real estate developers, owner-operators, private investors, family offices, real estate management companies, and closely held and middle-market businesses, ranging from family-owned enterprises to sophisticated commercial investors throughout New York.

Representative client types include:

  • Real estate developers
  • Owner-operators
  • Private investors and family offices
  • Real estate management companies
  • Closely held and middle-market businesses
  • Lenders and equity partners participating in transactions

 

What services are included in a New York real estate transaction?

A New York real estate transaction generally requires pre-contract analysis, negotiation of letters of intent and purchase and sale agreements, due diligence on title, zoning, and environmental matters, coordination with lenders, and management of closing and post-closing obligations. Sophisticated deals also involve joint venture and operating agreement drafting.

 
End-to-end transaction support from the firm includes:

  • Pre-contract analysis and deal structuring
  • Negotiation of letters of intent and term sheets
  • Drafting and negotiation of purchase and sale agreements
  • Title, zoning, land use, and environmental due diligence
  • Coordination of financing with institutional and private lenders
  • Negotiation and documentation of joint ventures, partnerships, and equity investment agreements
  • Drafting and revision of operating agreements and governance documents
  • Closing and post-closing obligations, including transfer taxes and recording

What legal risks should buyers and sellers anticipate in a New York transaction?

Buyers and sellers in New York real estate transactions face title defects, zoning and land use restrictions, undisclosed liabilities or liens, contractual ambiguity, financing complications, and regulatory compliance issues. Identifying and resolving these risks during due diligence, before signing or closing, protects the client’s capital and limits exposure to post-closing disputes.

 
Common risk categories addressed during diligence:

  • Title defects, gaps in chain of title, and ownership disputes
  • Zoning, land use, and variance restrictions
  • Undisclosed liens, encumbrances, or unpaid real estate taxes
  • Ambiguous or unenforceable contract terms
  • Lender consent, payoff, and assumption complications
  • Environmental compliance obligations under New York and federal law
  • Transfer tax, mansion tax, and recording considerations

 

Where does the firm represent real estate clients in New York?

Abrams Fensterman represents real estate clients statewide from five New York offices: Long Island (Lake Success), Brooklyn (MetroTech), White Plains, Albany, and Rochester. Transactions cover residential and commercial properties in New York City, Long Island, the Hudson Valley, the Capital Region, and Western New York.

 

How do I contact a New York real estate acquisitions attorney?

To discuss a New York real estate acquisition or sale, contact the Real Estate Acquisitions and Sales team at Abrams Fensterman on Long Island at 516-328-2300, in Brooklyn at 718-215-5300, in White Plains at 914-607-7010, in Rochester at 585-218-9999, or in Albany at 518-535-9477 to schedule an initial consultation. These services are part of the firm’s broader Real Estate Law and Litigation practice.

 

Frequently Asked Questions

What is the difference between a real estate acquisitions attorney and a real estate litigator?

A real estate acquisitions attorney structures and closes deals, negotiating contracts, performing due diligence, and managing closing. A real estate litigator handles disputes, including title actions, partition, foreclosure defense, and construction claims. Abrams Fensterman offers both, so transactional risks identified during a deal can be evaluated by counsel familiar with how similar disputes have played out in New York courts.

 

Do I need an attorney for a residential real estate transaction in New York?

Yes. New York is an attorney-state for residential closings, meaning attorneys typically draft and negotiate the contract of sale, address title issues, coordinate with the lender, and represent the buyer or seller at closing. Without an attorney, a residential buyer or seller in New York is generally exposed to contractual, title, and closing risks that standard form documents do not resolve.

 

What is due diligence in a New York commercial real estate transaction?

Due diligence is the structured review a buyer performs before closing, covering title, survey, zoning, leases, environmental conditions, service contracts, financial statements, and litigation history. The diligence period is usually defined in the purchase and sale agreement, and findings often drive contract amendments, price adjustments, or termination rights.

 

How long does a New York commercial real estate transaction typically take?

A typical New York commercial real estate transaction runs roughly 60 to 120 days between signing and closing, though portfolio deals, equity-interest transactions with lender consents, or transactions tied to financing approvals can extend longer. Timelines depend on diligence scope, financing structure, third-party consents, and regulatory requirements such as transfer tax filings.

 

What is a 1031 exchange and can the firm assist with one?

A 1031 exchange under Internal Revenue Code Section 1031 allows certain real estate investors to defer federal capital gains tax by reinvesting sale proceeds in a like-kind replacement property within strict timelines (generally 45 days to identify and 180 days to close). The firm coordinates with qualified intermediaries and tax counsel on the transactional side of like-kind exchanges. Specific tax outcomes depend on individual circumstances and should be reviewed with a tax advisor.

Does the firm represent both buyers and sellers?

 

Yes. Abrams Fensterman represents clients on both buy and sell sides of New York real estate transactions, including developers, owner-operators, private investors, family offices, real estate management companies, and closely held and middle-market businesses. The firm does not represent both parties in the same transaction.

 

Contact our Real Estate Acquisitions & Sales team to discuss your next transaction

 

For further information about our Real Estate group, please contact our law firm on Long Island at 516-328-2300, in Brooklyn at 718-215-5300, White Plains at 914-607-7010, Rochester at 585-218-9999 or Albany at 518-535-9477 to schedule an initial consultation.

Contact Us

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State-Wide Reach

For further information about our experience, please contact our law firm on Long Island at 516-328-2300, in Brooklyn at 718-215-5300, White Plains at 914-607-7010, Rochester at 585-218-9999 or Albany at 518-535-9477 to schedule an initial consultation.

Our Locations

  • Long Island

    3 Dakota Drive

    Suite 300

    Lake Success, NY 11042

    Tel: (516) 328-2300 Fax: (516) 328-6638

    *Fax number is not for medical/
    insurance provider use.

  • Brooklyn Metrotech

    1 MetroTech Center

    Suite 1701

    Brooklyn, NY 11201

    Tel: (718) 215-5300 Fax: (718) 215-5304

    *Fax number is not for medical/
    insurance provider use.

  • White Plains

    81 Main Street

    Suite 400

    White Plains, NY 10601

    Tel: (914) 607-7010 Fax: (914) 607-3595

    *Fax number is not for medical/
    insurance provider use.

  • Albany

    54 State Street

    Suite 803

    Albany, NY 12207

    Tel: (518) 535-9477 Fax: (518) 535-9476

    *Fax number is not for medical/
    insurance provider use.

  • Rochester

    2280 East Avenue

    First Floor

    Rochester, NY 14610

    Tel: (585) 218-9999 Fax: (585) 218-0562

    *Fax number is not for medical/
    insurance provider use.