How do you transfer a real estate title in New York?

On Behalf of | Jul 12, 2023 | Title Issues

Transferring a real estate property title involves a series of legal processes and requirements. Whether you are buying or selling property, it is crucial to understand the steps involved in transferring the title to help ensure a smooth and legally valid transaction. 

A real estate title refers to the legal ownership and rights associated with a property. It establishes the owner’s exclusive rights to use, sell or transfer the property. Below is a guide to walk you through the process of transferring real estate titles.

Drafting and reviewing the contract of sale

The first step in transferring real estate title is the execution of a contract of sale. This document outlines the terms and conditions of the sale agreement between the buyer and seller. It typically includes details such as the purchase price, contingency clauses and closing date.

Seeking professional assistance when drafting and reviewing the contract of sale can help ensure it’s legally binding. When the contract adheres to the relevant laws and regulations, you won’t have to worry about any legal issues arising once the real estate transaction has been finalized.

Preparing the deed and closing the transaction 

The deed is a legal document that transfers ownership from the seller to the buyer. The most commonly used deed is the warranty deed, which guarantees the seller’s lawful ownership and promises no undisclosed encumbrances. The deed should contain accurate information, adhere to legal requirements, and be properly executed.

The closing is the final stage of the transfer process, where the buyer pays the agreed-upon purchase price, and the seller transfers the property’s ownership. This process typically occurs in the presence of all relevant parties, including the buyer, seller, legal representatives and a representative from the title company.

Transferring real estate titles requires careful attention to detail and adherence to legal procedures. By following the outlined steps and consulting with qualified professionals, you can successfully transfer the title of your property when it comes time to buy or sell.