Seller Representation
Property Sales
Selling a property is one of the largest transactions many people ever make. We protect your interests from contract to closing, whether you are selling locally, from overseas or on behalf of an estate.
Overview
What this involves
A successful sale takes more than finding a buyer. The contract has to reflect the deal you agreed, title issues need resolving before they delay closing, and the proceeds need to reach you safely. Sellers who live abroad, and executors selling on behalf of an estate, face more on top of that: tax withholding, remote signing and coordination across time zones.
Karl, Mauritson & Cuff LLP represents sellers of residential and commercial property. We review and negotiate the contract of sale, work through title and due diligence matters, and represent you at closing. For foreign sellers, we coordinate with your tax advisors on FIRPTA withholding. If you cannot attend in person, we can prepare a power of attorney and structure the closing so you do not need to travel.
Please note: we provide legal services only. We are not a real estate brokerage and do not list, market or show properties. We work alongside your licensed real estate broker so that each part of the sale is handled by the right professional.
How We Help
How we can help
- Contract review and negotiation. We prepare or review the contract of sale and negotiate terms that protect you, including the deposit, contingencies, representations and closing timeline.
- Listing agreement review. Before you sign with a broker, we can review the listing agreement so you understand its commission, term and exclusivity provisions.
- Title and due diligence. We review the buyer's title report and work to resolve liens, judgments, violations and other issues that could delay or derail closing.
- Co-op and condominium requirements. We coordinate with managing agents and boards on the documents, approvals and fees involved in co-op and condo sales.
- Closing representation. We review the closing statement, arrange mortgage payoffs, prepare the deed and transfer documents, and make sure the proceeds are disbursed according to your instructions.
- Foreign sellers and FIRPTA. Under FIRPTA, a buyer may be required to withhold part of the purchase price when the seller is a foreign person. We work with your tax counsel or accountant on withholding and any available applications to reduce it.
- Powers of attorney for remote sellers. We prepare a power of attorney that meets New York requirements and guide you through signing it abroad, including notarization and authentication where needed.
- Estate property sales. We help executors and administrators confirm their authority to sell, satisfy estate requirements and coordinate the sale with the estate administration.
Our Process
How the process works
A clear, structured approach, so you always know where your matter stands and what comes next.
Early review
Ideally before you accept an offer: we review the listing agreement, your ownership documents and any issues we should address early.
Contract of sale
We draft or review the contract, negotiate terms with the buyer's attorney and, where agreed, hold the buyer's deposit in our attorney escrow account.
Title and approvals
We respond to title objections, clear issues and manage any board or managing-agent requirements.
Pre-closing
We prepare the deed and transfer documents, coordinate FIRPTA matters with your tax advisors and put a power of attorney in place if you will not attend.
Closing
We represent you at closing, confirm the figures and ensure the net proceeds are paid out according to your instructions.
Who It's For
Who we help
Homeowners
Owners selling houses, apartments, co-ops and condominiums.
Commercial owners
Owners of commercial, mixed-use and investment property, including entities.
Overseas sellers
Non-resident owners selling US property from abroad.
Executors and heirs
Personal representatives and families selling property that belongs to an estate.
Relocating sellers
Clients moving abroad who need to complete a sale remotely.
Co-owners
Partners, family members and co-owners who need to coordinate a joint sale.
FAQs
Frequently asked questions
Do you act as my real estate broker?
No. We provide legal representation only. You will typically also work with a licensed real estate broker, who markets the property, and we coordinate closely with them.
Do I need to be in New York to close?
Not necessarily. In many cases a sale can be completed using a properly prepared power of attorney. We will explain the requirements and how they apply to your situation.
What is FIRPTA?
FIRPTA is a US federal law that may require a buyer to withhold part of the purchase price when the seller is a foreign person, to cover potential US tax. We coordinate with your tax advisors, who advise on the tax position itself.
Can you help if I inherited the property?
Yes. We can help confirm who has authority to sell, work through any estate requirements and handle the sale.
This page provides general information, not legal advice. Every situation is different; please contact us to discuss yours.
Request a Consultation
Planning to sell a property?
Tell us about the property and your timeline. We will explain how we can help, whether you are in New York or abroad.