Can an real estate attorney practice in multiple states?

Can an real estate attorney practice in multiple states?

Investor · Manhattan, NY · Member since 2018 · 103 posts · 70 votes

As the title says, does an attorney need to be licensed in the same state as in the state where I am buying a property?

For example, I am buying a property in New York state, and I must hire an attorney who practices in New York state.   My understanding is that the attorney can only practice in the state where they are licensed, and my understanding is that an attorney wouldn't have a license in New York and California due to physical constraints.  Maybe, an attorney can benefit from having two licenses in states if s/he lives close to a state border line (i.e. NY and NJ or OR and WA).  But I don't know if it is common for an attorney to practice in multiple states.

The background of this question is, I am buying a property in NY, and I am contacting attorneys who have experience with buying a property using an option (lock in the purchase price now, and purchase the property in Jan. 2023 when my contractors are available to do the work).  My real estate agent referred me to two attorneys who live in the town I am investing in, and I am contacting them to ask them if they have experience with option buying.  If they are unable to help me with this option, then I need to keep searching for one who has such experience.

With the Federal trying to stop the inflation, homeowners might be worried about selling their houses due to a decrease in the number of home buyers in the winter market and decreasing property values in the next few months.  I am ready to purchase a property, but I am unable to find contractors who can do the work until Jan. next year, so I want to offer an option to homeowners to buy at a predetermined value, and exercise my right to purchase at the price in Jan. 2023 to avoid for property to sit two months and not produce income or delay producing income.

Cheers, and thank you for reading this far.

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Attorney · Member since 2022 · 160 posts · 186 votes
3y

What was discussed above is accurate. It is fairly common to be licensed in more than a single State, and this has gotten slightly easier overtime with many States using the Uniform Bar Exam. You should discuss with the attorney that you are considering partnering with where they are licensed and the scope of work. As stated above, there is legal work that is not considered practicing law and no license is required for that type of work.

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  • Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes
    3y
    Quote from @Masashi Borges-Silva:

    As the title says, does an attorney need to be licensed in the same state as in the state where I am buying a property?

    For example, I am buying a property in New York state, and I must hire an attorney who practices in New York state.   My understanding is that the attorney can only practice in the state where they are licensed, and my understanding is that an attorney wouldn't have a license in New York and California due to physical constraints.  Maybe, an attorney can benefit from having two licenses in states if s/he lives close to a state border line (i.e. NY and NJ or OR and WA).  But I don't know if it is common for an attorney to practice in multiple states.

    The background of this question is, I am buying a property in NY, and I am contacting attorneys who have experience with buying a property using an option (lock in the purchase price now, and purchase the property in Jan. 2023 when my contractors are available to do the work).  My real estate agent referred me to two attorneys who live in the town I am investing in, and I am contacting them to ask them if they have experience with option buying.  If they are unable to help me with this option, then I need to keep searching for one who has such experience.

    With the Federal trying to stop the inflation, homeowners might be worried about selling their houses due to a decrease in the number of home buyers in the winter market and decreasing property values in the next few months.  I am ready to purchase a property, but I am unable to find contractors who can do the work until Jan. next year, so I want to offer an option to homeowners to buy at a predetermined value, and exercise my right to purchase at the price in Jan. 2023 to avoid for property to sit two months and not produce income or delay producing income.

    Cheers, and thank you for reading this far.


     One can only practise law in the state/states one is licensed in.

  • Member since 2019 · 104 posts · 35 votes
    3y

    You probably want to ask the attorneys you are interviewing this question to be certain. Many attorneys are members of the bar of multiple states.  Also, depending on what exactly you need the attorney to do related to the transaction and where, some of the tasks may involve practice of law and some not.  Luck.

  • Attorney · Member since 2022 · 160 posts · 186 votes
    3y

    What was discussed above is accurate. It is fairly common to be licensed in more than a single State, and this has gotten slightly easier overtime with many States using the Uniform Bar Exam. You should discuss with the attorney that you are considering partnering with where they are licensed and the scope of work. As stated above, there is legal work that is not considered practicing law and no license is required for that type of work.

  • Investor · Manhattan, NY · Member since 2018 · 103 posts · 70 votes
    3y

    @Account Closed,

    Thank you for taking the time to read my post and respond!  I just realized that I have never responded and forgot to say "thank you!"

    I hope you will have an excellent Christmas holiday!!

  • Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes
    3y
    Quote from @Masashi Borges-Silva:

    @Account Closed, @Wendy Man, and @Jason Marino,

    Thank you for taking the time to read my post and respond!  I just realized that I have never responded and forgot to say "thank you!"

    I hope you will have an excellent Christmas holiday!!

    Aw schucks, it's only been two months. I've waited longer for a response. Lol Merry Christmas. Remember the Reason for the Season.
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