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Did You Know You Can Choose Your Own Real Estate Attorney in New York?

Published April 29th, 2025 by Klafehn, Heise & Johnson P.L.L.C

When buying or selling a home in Rochester, Brockport, or anywhere in Monroe County, there are plenty of decisions to make—location, financing, inspections, closing timelines. But one decision many people don’t realize they even have is this:

You can choose your own real estate attorney.

In fact, under New York State law, you have the right to select your own attorney for your real estate transaction—and you should. At Klafehn, Heise & Johnson P.L.L.C., we help buyers and sellers protect their interests, avoid costly mistakes, and feel confident from offer to closing.

Here’s why choosing your own real estate attorney matters, and how it can make a big difference in your transaction.


Why Having Your Own Real Estate Attorney Matters

Buying or selling property is often the largest financial transaction most people will ever make. And yet, many buyers and sellers simply go along with the recommendations of their lender, realtor, or the other party’s attorney—not realizing they have a choice.

Here’s why choosing your own attorney is important:

1. Your Attorney Works for You—Not the Other Side

If the other party’s attorney is handling the paperwork, you may not have someone fully looking out for your best interests. Having your own lawyer means:

  • Your questions get answered quickly.
  • Your rights and responsibilities are clearly explained.
  • You have someone negotiating and reviewing on your behalf.

2. Protection Against Mistakes or Surprises

From contract review to title searches to closing documents, there are dozens of legal details in a real estate deal. If one thing is missed, it can cost you time, money, or even the deal itself.

An attorney focused solely on your side of the transaction can:

  • Identify contract risks
  • Spot title or boundary line issues
  • Ensure seller disclosures are complete
  • Clarify closing costs and tax implications

Need help with a home sale or purchase? Contact us here.


Don’t Let Someone Else Choose for You

It's common during real estate transactions for a mortgage broker, real estate agent, or even the other party to suggest using “their” attorney.

But here's the truth:
That attorney’s job is to protect you—however, that duty might come into conflict with the interests of the person who referred you to them.  Might that attorney end up feeling pressure to protect their referral source instead of you?  If that happens, that attorney should withdraw from the representation, and you may be left without a true advocate during a major financial decision.

At Klafehn, Heise & Johnson P.L.L.C., we believe that buyers and sellers in Rochester and Brockport should have clear, independent legal support throughout their real estate transaction, except in very limited circumstances.


What We Do During Your Real Estate Transaction

Whether you're buying your first home, selling property, or investing in real estate, here’s how we support our clients:

  • Drafting and reviewing purchase agreements
  • Explaining contract terms in plain English
  • Reviewing inspection reports (upon request) and resolving repair requests
  • Running full title searches
  • Resolving liens, easements, or title concerns
  • Communicating with your lender and real estate agent
  • Attending and coordinating closing day

We ensure you understand every part of the process and avoid mistakes that could delay or derail your closing.

Have questions? Talk to a real estate attorney today.


When Should You Call an Attorney?

You don’t have to wait until the deal is signed to bring in an attorney. In fact, the earlier the better. We recommend reaching out:

  • Before signing a purchase offer
  • When reviewing a listing agreement or buyer contract
  • As soon as you know you’ll be buying or selling a home

Bringing in legal support early allows you to understand your options and obligations before problems arise.


Choose a Local Real Estate Attorney Who Knows the Rochester Market

Real estate laws vary from state to state—and even county to county. Choosing a local attorney who understands the Monroe County real estate market gives you an edge during negotiations and at closing.

At Klafehn, Heise & Johnson P.L.L.C., we bring years of experience helping clients with real estate transactions throughout Rochester, Brockport, and surrounding areas. We take the time to explain your contract, protect your rights, and make sure your transaction stays on track.

Buying or selling a home? Let’s talk.


Protect Your Investment—Choose Your Own Attorney

Don't assume the attorney handling your transaction is on your side unless you hired them yourself. When you choose Klafehn, Heise & Johnson P.L.L.C., you get legal representation focused solely on you—your interests, your future, and your peace of mind.

Get ahead of your real estate transaction with legal guidance you can trust. Contact us today to schedule a consultation.


Legal Disclaimer

This article provides general information about real estate law in New York State and should not be considered legal advice. Every transaction is unique. For personalized legal guidance, contact Klafehn, Heise & Johnson P.L.L.C. in Rochester, NY. You can reach us here. Portions of this article may be considered ATTORNEY ADVERTISING under the New York State Unified Court System Rules of Professional Conduct (22 NYCRR Part 1200). Prior results do not guarantee a similar outcome.


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