All exam guides
Legal issues 34 min read

The New York Closing From Final Walk-Through to Prorations

A New York real estate closing is the coordinated exchange that completes the sale. The buyer confirms contract condition at the final walk-through, the attorneys and title professionals clear objections, the lender finalizes funding, the parties sign closing documents, money pays the price and liens, and the deed is delivered for recording. The closing statement assigns charges, credits and prorations. The contract controls timing, possession, permitted title exceptions and what happens when a last-minute problem appears.

Published
On this pageJump to a main section

What this guide does

It explains the curriculum concept, applies it to New York scenarios and links the primary material used for regulated or date-sensitive claims. It is independent exam preparation, not legal, tax, lending, appraisal or eligibility advice.

For the New York salesperson exam, remember: inspect, verify title and funds, sign, disburse, deliver the deed, record, then reconcile every debit and credit.

What is the fastest New York closing timeline?

StageMain questionTypical result
Contract to closingHave contingencies, title, financing and required documents been addressed?Attorneys, lender and title professionals prepare the file
Closing disclosure reviewDo the loan terms, cash needed and charges match the expected transaction?Buyer raises errors before signing
Final walk-throughIs the property in the contract-required condition with agreed items and work?Issues are documented and sent to the attorneys
Title updateDid a new lien or document appear after the first search?New matters are cleared, excepted or handled under the contract
Document signingAre deed, loan, tax and closing documents complete?Parties sign the documents assigned to them
Funding and disbursementAre buyer and lender funds available and authorized for payment?Price, liens, taxes, fees and other charges are paid
Delivery and recordingHas the deed been delivered and accepted, and will it be recorded?Ownership transfer and public-record protection are completed through distinct steps
Possession and keysIs possession due at closing or another contract time?Keys and occupancy follow the agreement
Post-closingWere recording, policies and final documents completed?Buyer retains the closing package and follows outstanding items

This is a process map, not a universal script. A cash closing, cooperative transfer, condominium purchase, remote closing or commercial deal can use different documents and participants.

Official source map

The New York State Department of State Real Estate Salesperson 77-Hour Curriculum places title closing and costs in Subject 3, Legal Issues. It identifies the closing as the consummation of the transaction, where the seller receives the balance, existing liens are satisfied, the buyer supplies personal and acquisition-mortgage funds, and deed, recording, chain of title, abstract, title insurance, closing statement, costs and prorations come together.

The New York State Office of the Attorney General first-time homebuyer guidance advises buyers to use their own attorney, review contracts and loan documents, resolve last-minute changes before closing and use an escrow when agreed work remains incomplete.

For most covered closed-end consumer mortgage transactions, the Consumer Financial Protection Bureau Closing Disclosure explainer states that the consumer must receive the disclosure at least three business days before closing. Regulation Z section 1026.19(f) supplies the timing and corrected-disclosure rules. The CFPB before, during and after closing guide also tells buyers to inspect the home, review the promissory note and mortgage, confirm closing funds and retain the final packet.

New York State Department of Taxation and Finance real estate transfer tax guidance explains the transfer-tax filing rules and TP-584 forms. Its RP-5217 guide explains that a completed Real Property Transfer Report and filing fee generally accompany a deed submitted to the county clerk. Real Property Law section 291 governs recording an eligible conveyance in the county where the property is situated.

For a tenant-occupied property, General Obligations Law section 7-103 treats rental security as the depositor's money held in trust. General Obligations Law section 7-105 addresses transfer of the deposit and notice to the tenant when the property is conveyed.

The Department of State unauthorized-practice memorandum explains why a salesperson must not draft legal closing instruments or advise a party how contract and title rights should be resolved.

What is the exam testing?

You should be able to:

  • define the title closing and explain why it matters;
  • place the final walk-through at the correct point in the process;
  • distinguish a walk-through from an inspection or appraisal;
  • identify the work of buyer's attorney, seller's attorney, lender and title professional;
  • distinguish the contract closing from mortgage-loan consummation and deed recording;
  • identify common seller, buyer, lender and title documents;
  • explain how purchase price and loan funds flow;
  • recognize why existing liens are paid or otherwise cleared;
  • distinguish the Closing Disclosure from the parties' full closing statement;
  • assign a debit or credit to the correct party;
  • recognize prepaid and unpaid proration patterns;
  • identify common buyer and seller costs without treating custom as a fixed rule;
  • explain escrow holdbacks and contract-approved credits;
  • distinguish possession from deed delivery;
  • identify cooperative and condominium closing differences;
  • recognize wire-fraud warning signs;
  • state the salesperson's role and legal boundary.

This article teaches the exam framework and consumer-facing process. It does not tell a party whether to close, adjourn, waive a defect or pursue a legal remedy.

What is a title closing?

A title closing is the stage at which the parties complete the obligations required for the transfer. The buyer supplies the agreed consideration, the seller delivers the conveyance, loan and title conditions are met, liens and charges are handled, and the closing documents direct disbursement and recording.

“Closing” can refer to related but distinct events:

  • signing the purchase documents;
  • consummating the mortgage loan;
  • funding the loan;
  • delivering and accepting the deed;
  • disbursing money;
  • recording the deed and mortgage;
  • giving possession.

These events often occur together or in a coordinated sequence, but an exam question can separate them. Read the fact being tested.

Does recording the deed create the closing?

Recording is important, but it is not the whole closing. A valid deed can transfer the grantor's interest upon proper delivery and acceptance even though the recording office enters it later. Recording creates the public record and protects priority under New York's recording system.

Review recording, notice, priority and chain of title when the question asks which competing interest prevails. Review what makes a deed valid in New York when the question asks about execution, delivery or acceptance.

What happens between contract and closing?

The closing file develops over several parallel tracks:

Contract track

  • attorneys review the signed agreement and riders;
  • dates, contingencies and notice requirements are tracked;
  • inspection, repair, financing and title obligations are addressed;
  • permitted exceptions and possession terms are identified;
  • closing figures and contract adjustments are prepared.

Title track

  • title search and survey are ordered or reviewed;
  • liens, judgments, easements and ownership documents are examined;
  • objections are raised within the contract process;
  • seller obtains satisfactions, releases, authority documents or other cure materials;
  • title is updated through closing;
  • proposed policy requirements and exceptions are finalized.

Financing track

  • buyer supplies underwriting documents;
  • property appraisal and lender conditions are completed;
  • lender issues and maintains the applicable commitment or approval;
  • homeowners insurance and required loan coverage are confirmed;
  • closing disclosure and final loan package are prepared;
  • lender authorizes funding when its conditions are satisfied.

Property track

  • inspection contingencies are resolved;
  • agreed repairs and included items are tracked;
  • utilities and access are arranged for the final walk-through;
  • seller prepares to deliver the property in the contract-required condition;
  • possession and key logistics are confirmed.

Money track

  • deposit is credited;
  • loan and buyer funds are calculated;
  • payoffs and taxes are updated;
  • commissions and transaction charges are confirmed from signed agreements;
  • prorations and adjustments are calculated;
  • secure payment instructions are verified.

One unresolved track can delay the whole closing.

Who commonly participates in a New York closing?

Participants vary, but a residential purchase can involve:

  • buyer and buyer's attorney;
  • seller and seller's attorney;
  • lender's attorney or closing representative;
  • title closer, title agent or title insurer representative;
  • real estate brokers or salespersons;
  • cooperative managing agent or transfer agent;
  • condominium representative when documents or payments require it;
  • escrow agent;
  • interpreters, powers of attorney or fiduciaries when properly authorized.

The CFPB notes that real estate agents are not required participants at every mortgage closing. New York practice commonly relies on buyer and seller counsel, but the place and mechanics can vary. Some signings are in person, while others use escrow, mail, electronic components or authorized representatives.

Exam cue: identify the participant by function, not by who happens to sit at one table.

What does the buyer's attorney do before closing?

The buyer's attorney commonly:

  • reviews the contract and tracks buyer obligations;
  • reviews the title report, survey and objections;
  • coordinates title clearance with seller's counsel;
  • reviews lender and closing documents;
  • confirms the form of ownership shown on the deed;
  • reviews permitted exceptions and policy treatment;
  • calculates or checks adjustments and funds due;
  • advises the buyer about walk-through issues and contract choices;
  • attends or coordinates closing;
  • confirms delivery, disbursement and post-closing documents.

The buyer's attorney represents the buyer, not every participant. The New York Attorney General advises a homebuyer to have an independent attorney review contracts and loan documents.

What does the seller's attorney do before closing?

The seller's attorney commonly:

  • prepares or reviews the contract and closing documents;
  • responds to title objections;
  • obtains mortgage and lien payoffs;
  • prepares the deed and transfer documents;
  • coordinates authority for an estate, trust, entity or power of attorney;
  • calculates seller charges and expected proceeds;
  • addresses agreed repairs, credits and escrow terms;
  • obtains signatures and closing deliveries;
  • directs payment of authorized seller obligations;
  • delivers the deed and other seller documents.

The seller's attorney does not represent the buyer merely because both sides want the transaction to close.

What does the title closer do?

Depending on the transaction and company, the title closer or title representative can:

  • update the title search;
  • confirm underwriting requirements;
  • collect title affidavits and policy documents;
  • receive or verify lien payoff material;
  • calculate title and recording charges;
  • collect transfer and recording documents;
  • mark the title commitment based on approved closing events;
  • arrange recording;
  • issue or help issue final title policies.

The title closer does not replace either party's attorney and does not decide a party's contract strategy.

What is the final walk-through?

The final walk-through is the buyer's last pre-closing opportunity to compare the property's current condition with the contract and agreed repair terms. It is a factual check close to the transfer, not a new contract or a substitute for the earlier inspection.

The CFPB advises buyers to inspect the home before closing and confirm agreed repairs. The New York Department of State curriculum places the salesperson's pre-closing property inspection role beside the title closing process.

The walk-through can verify that:

  • the property remains in the required condition;
  • agreed repairs appear completed;
  • included fixtures and personal property remain;
  • excluded items were removed;
  • no new visible damage appeared;
  • seller's belongings and debris were removed as required;
  • utilities are operating enough to check agreed systems;
  • occupancy and vacancy match the contract;
  • keys, remotes, codes and access items are identified;
  • the buyer can document any difference before closing.

The contract defines what the seller promised. A generic walk-through checklist cannot expand that promise.

Is the final walk-through another home inspection?

No. The original inspection is a detailed condition review performed while inspection rights remain available. The final walk-through checks whether the property matches the contract near closing.

InspectionFinal walk-through
Occurs earlier in the transactionOccurs close to closing
Usually involves a licensed home inspectorOften involves buyer and salesperson
Evaluates systems and visible condition in depthConfirms contract condition and agreed work
Can support an inspection contingencyUses rights remaining under the contract
Produces an inspection reportProduces a factual issue list or confirmation

A buyer who skipped an inspection should not treat the walk-through as a full technical examination.

What should the buyer check during the final walk-through?

Use the contract, repair agreement and earlier inspection record as the reference. A practical room-by-room check can include:

  • turn on agreed lights and basic fixtures;
  • run faucets and check visible leaks;
  • flush toilets;
  • test agreed appliances left with the sale;
  • check heating or cooling operation when safely possible;
  • inspect walls, ceilings, floors and windows for new visible damage;
  • confirm listed fixtures and included personal property remain;
  • look at basement, attic, garage, yard and storage areas;
  • confirm trash and unwanted property were removed as required;
  • photograph incomplete repairs or new damage;
  • record meter or fuel information if the closing process uses it;
  • confirm access devices and keys to be delivered.

Do not damage property, dismantle equipment or exceed authorized access. A specialist handles any technical retest the parties arrange.

What happens if the walk-through reveals a problem?

The buyer and salesperson should document the fact and notify the attorneys promptly. The contract and legal advice determine the response.

Possible attorney-negotiated outcomes include:

  • seller completes the work before closing;
  • closing is adjourned;
  • seller provides a documented credit;
  • money is held in escrow under a written agreement;
  • a contractor is paid from closing funds;
  • buyer accepts the condition through an attorney-approved writing;
  • parties use the default or remedy provisions in the contract.

A walk-through problem does not create an automatic right to cancel, reduce the price or withhold funds. The buyer should not sign away an issue or refuse to close without legal advice.

What is a repair escrow or holdback?

An escrow holdback places an agreed amount of closing money with an escrow agent until stated post-closing conditions are met. It can address incomplete repairs, a final bill, a document expected after closing or another specifically defined obligation.

A useful escrow agreement identifies:

  • amount held;
  • escrow agent;
  • exact work or condition;
  • deadline;
  • inspection or proof required;
  • release instructions;
  • what happens on dispute or noncompletion;
  • whether any excess returns to a party.

The New York Attorney General advises buyers to use an escrow arrangement when agreed repair work remains incomplete at closing. The parties' attorneys should draft and approve the terms. A salesperson should not create the escrow language.

What is the Closing Disclosure?

The Closing Disclosure is the federal form that states final terms and costs for most covered closed-end consumer mortgage loans. It includes the loan amount, interest rate, payment information, loan costs, other costs, cash to close and transaction summaries.

For a covered transaction, the consumer generally receives it at least three business days before consummation. The review period is designed to let the borrower compare it with the latest Loan Estimate and ask about unexpected terms or charges.

The Closing Disclosure does not apply to every transaction. CFPB guidance identifies different disclosures for reverse mortgages, home-equity lines of credit, certain subordinate assistance loans and manufactured-home loans not secured by real property. A cash purchase does not have a mortgage Closing Disclosure.

Which Closing Disclosure changes can restart the review period?

Regulation Z section 1026.19(f)(2)(ii) requires a corrected Closing Disclosure and a new three-business-day waiting period for three specified changes:

  • the disclosed annual percentage rate becomes inaccurate under the rule;
  • the loan product changes;
  • a prepayment penalty is added.

Other corrected items can use a corrected disclosure without restarting the full period, subject to the regulation's timing rules. The lender and closing professionals determine the applicable response. The key exam distinction is that the restart rule is limited. It is not triggered merely because any figure changes.

Exam cue: avoid assuming that every dollar adjustment postpones closing for three more business days.

Is the Closing Disclosure the same as the full closing statement?

Not necessarily. The Closing Disclosure is a federal mortgage form focused on the consumer loan and transaction summary. Attorneys, title professionals or cooperative agents may also prepare a closing statement that reconciles every receipt, payment, debit, credit and proration between the parties.

A full closing statement can include items not presented in the same way on the Closing Disclosure, such as:

  • contract deposit credit;
  • detailed lien payoffs;
  • transfer taxes;
  • broker compensation;
  • title and recording charges;
  • condominium or cooperative fees;
  • rent and security deposits;
  • fuel or utility adjustments;
  • attorney escrow items;
  • seller proceeds.

The figures should reconcile even when the documents group them differently.

What should a buyer review on the Closing Disclosure?

Compare the disclosure with the latest Loan Estimate and contract expectations. Check:

  • borrower and property information;
  • loan type, amount and term;
  • interest rate and whether it can change;
  • principal and interest payment;
  • mortgage insurance and escrow items;
  • prepayment penalty or balloon-payment disclosure;
  • lender credits and seller credits;
  • points and origination charges;
  • title, recording and government charges;
  • prepaid interest, taxes and insurance;
  • cash to close;
  • contact details and loan calculations.

An unfamiliar fee should be questioned before signing. A salesperson should route loan-term questions to the lender and attorney rather than interpret federal tolerance rules for the buyer.

What documents does the seller commonly sign or deliver?

A seller's package can include:

  • deed;
  • New York transfer-tax forms;
  • Real Property Transfer Report information;
  • title affidavits;
  • transferor certifications;
  • mortgage payoff and satisfaction materials;
  • lien releases;
  • entity, trust, estate or power-of-attorney authority;
  • condominium or cooperative documents;
  • keys, access items and possession documents;
  • bill of sale for included personal property when used;
  • closing statement and escrow agreements;
  • federal tax-reporting or nonforeign-status documents when applicable.

The exact package depends on property, seller and transaction. A salesperson should not prepare deeds, mortgages, releases or legal affidavits.

What documents does the buyer commonly sign or receive?

A buyer's package can include:

  • deed for delivery and recording;
  • Closing Disclosure in a covered financed purchase;
  • promissory note;
  • mortgage or security instrument;
  • loan riders and affidavits;
  • initial escrow-account disclosure;
  • title affidavits and policy documents;
  • transfer-tax and property-transfer forms;
  • ownership and tax certifications;
  • closing statement;
  • escrow agreements;
  • condominium or cooperative transfer documents;
  • receipts and copies of signed documents.

The promissory note is the borrower's promise to repay. The mortgage creates the lender's security interest in the real property. The deed transfers the seller's interest to the buyer. Keep those three instruments separate.

What is Form TP-584?

Form TP-584 is New York's combined real estate transfer tax return, credit-line mortgage certificate and certification concerning estimated personal income tax for a real-property conveyance outside New York City. New York City conveyances use TP-584-NYC.

The Department of Taxation and Finance states that the applicable form and tax are generally due no later than the fifteenth day after delivery of the deed or similar instrument. When the document is recorded, the package is filed through the recording officer under the form instructions.

Avoid treating TP-584 as the deed. It reports tax and transaction information connected to the conveyance.

What is Form RP-5217?

Form RP-5217, Real Property Transfer Report, reports sale and property information to state and local assessment officials. The Department of Taxation and Finance states that a completed form and correct filing fee generally accompany a deed presented to the county clerk, subject to identified exceptions.

The form can include:

  • grantor and grantee information;
  • property location and tax-map identifier;
  • sale price and financing information;
  • property classification;
  • transfer conditions;
  • assessment information.

RP-5217 is not title insurance, a loan disclosure or a substitute for TP-584.

How does money flow through a closing?

The closing statement begins with the purchase price, then accounts for all money already paid, new funds and authorized deductions.

Typical sources include:

  • contract deposit already held in escrow;
  • buyer's remaining cash;
  • lender's acquisition-loan proceeds;
  • seller or lender credits;
  • assumed deposits or other transaction credits.

Typical uses include:

  • seller's net proceeds;
  • mortgage and lien payoffs;
  • transfer and recording taxes;
  • title charges;
  • legal and lender fees;
  • broker compensation under signed agreements;
  • condominium or cooperative charges;
  • escrow holdbacks;
  • prorations and adjustments.

Funds should not be disbursed until the authorized closing professionals confirm that document, title and funding conditions are met.

What happens to the contract deposit at closing?

The contract deposit is credited toward the buyer's purchase price. It is not an extra payment added above the price.

Example:

  • purchase price: $600,000;
  • deposit already paid: $60,000;
  • remaining price before loan and adjustments: $540,000.

The closing statement then applies mortgage proceeds and other debits or credits to determine the buyer's cash needed and seller's proceeds.

If the transaction does not close, disposition of the deposit depends on the contract, escrow duties, party agreement and any legal determination. A salesperson should not direct release without proper authority.

How are existing mortgages and liens handled?

The seller ordinarily must deliver the title required by the contract. Existing mortgages, judgments, tax liens and other charges that are not permitted exceptions must be satisfied, released, subordinated, insured over or otherwise handled in a way approved by the attorneys and title insurer.

A common mortgage-payoff sequence is:

  1. seller obtains a current payoff statement;
  2. closing statement reserves the payoff amount and authorized charges;
  3. closing funds pay the lender under verified instructions;
  4. lender issues or arranges the satisfaction or release;
  5. satisfaction is recorded;
  6. title insurer follows its approved clearance procedure.

Paying a debt and clearing its public-record lien are related but distinct tasks.

Does the seller receive the full purchase price?

No. The seller receives net proceeds after authorized deductions and adjustments.

Start with the seller's gross credit for the price, then subtract seller debits such as:

  • mortgage and lien payoffs;
  • transfer taxes assigned to seller;
  • broker compensation assigned under agreements;
  • attorney and closing charges;
  • title-clearance costs;
  • unpaid taxes or utilities;
  • buyer credits;
  • escrow holdbacks;
  • condominium or cooperative seller charges.

The closing statement should show the path from gross price to net proceeds.

Which closing costs commonly belong to the seller?

The Department of State curriculum lists common seller-side items such as:

  • state and local transfer taxes;
  • broker compensation;
  • attorney fees;
  • documents needed to clear title;
  • satisfaction of existing liens;
  • some condominium and cooperative charges.

These are educational categories, not fixed allocation rules for every deal. The contract, brokerage agreements, statute, lender rules, property type and local charges control.

Broker compensation is negotiable and follows the signed brokerage and transaction agreements. Avoid assuming that seller pays every broker merely because that was a familiar historic pattern. Review procuring cause, compensation and antitrust boundaries for the separate compensation analysis.

Which closing costs commonly belong to the buyer?

The Department of State curriculum lists common buyer-side items such as:

  • appraisal and credit charges;
  • inspections;
  • mortgage recording tax;
  • owner's and lender's title insurance charges;
  • attorney fees;
  • lender charges;
  • deed and mortgage recording fees;
  • mortgage insurance when required;
  • some condominium and cooperative charges.

The buyer can also pay prepaid interest, homeowners insurance, initial escrow deposits, property-tax adjustments and contract-assigned transfer taxes.

Do not hardcode a percentage for total closing costs. Property location, price, loan, title, transfer tax, building fees and negotiated credits can change the total substantially.

Who pays New York real estate transfer tax?

Under the New York State Department of Taxation and Finance guidance, the base real estate transfer tax is generally paid by the grantor, while the additional tax on qualifying residential transfers is generally paid by the grantee. Statutory backup liability and contract allocations can change who must pay when the primary party does not.

New York City has additional transfer taxes and graduated supplemental rules for specified transactions. Use the transaction date, property location, property type and price.

For exact thresholds, rates and worked calculations, use New York real estate transfer tax calculations. That article maintains the tax-rate intent so this closing guide can focus on process.

Who pays New York mortgage recording tax?

Mortgage recording tax arises when a taxable mortgage is recorded. In an ordinary financed purchase, it appears as a buyer or borrower cost, subject to the actual loan structure, property location, exemptions and transaction documents.

The tax is separate from:

  • real estate transfer tax on the conveyance;
  • deed recording fee;
  • lender's title policy;
  • mortgage insurance;
  • loan interest.

Use New York mortgage recording tax calculations for rates, local components and math.

What are debits and credits?

A debit is a charge against a party. A credit is an amount in that party's favor.

Examples:

EventSellerBuyer
Buyer already paid contract depositNo new receiptCredit toward purchase price
Seller gives repair creditDebitCredit
Seller prepaid buyer-period taxCreditDebit
Seller-period tax remains unpaid and buyer will pay laterDebitCredit
Seller receives purchase priceCreditDebit funded by cash and loan
Seller's mortgage is paidDebitNo charge unless agreement says otherwise

Do not assign columns by habit. Ask whose obligation, payment or benefit the entry represents.

What is a closing proration?

A proration divides an expense or income item between seller and buyer based on their assigned periods. It prevents one party from bearing the other party's share when an annual, monthly or usage-based item spans the closing date.

The Department of State curriculum identifies:

  • taxes and assessments;
  • insurance;
  • fuel;
  • water and sewer charges;
  • rent;
  • security deposits;
  • arithmetic of prorations.

The contract, bill status and closing-day convention determine the entry.

What is the paid-in-advance proration pattern?

If seller already paid an item covering part of buyer's ownership period, buyer reimburses seller for buyer's share:

  • buyer debit;
  • seller credit.

Example: seller paid a tax bill through December 31, and buyer takes the closing day in September. Buyer reimburses seller for the period assigned to buyer.

What is the unpaid proration pattern?

If an item covering seller's ownership period remains unpaid and buyer will pay it later, seller reimburses buyer for seller's share:

  • seller debit;
  • buyer credit.

Example: the annual tax will be billed after closing. Buyer will receive the bill, so seller gives buyer a credit for seller's period.

Who owns the day of closing for a proration?

Use the rule stated in the contract, closing statement or exam question. Some problems assign the closing day to buyer; others assign it to seller. That single day changes the count.

Before calculating, write:

Buyer owns closing day.

Or:

Seller owns closing day.

Then count consistently. Avoid inferring the convention from the state name alone.

How do taxes, rent and security deposits differ at closing?

Each item answers a different question:

  • property tax: divide the tax period according to payment status and ownership days;
  • rent: credit buyer for rent collected in advance for buyer's period, or adjust accrued unpaid rent under the contract;
  • security deposit: transfer or credit tenant funds and required information to the successor responsible for the deposit;
  • assessment: determine who is responsible under the contract and when the charge became due;
  • fuel: measure the remaining quantity and apply the agreed price method;
  • water or sewer: use meter, bill or agreed estimate and decide who will receive the later bill.

For formulas, day-count conventions and original math problems, continue to closing prorations, day counts, debits and credits. This process guide does not duplicate that article's calculator intent.

What happens to rents and tenant security deposits?

For a tenant-occupied property, the closing statement can adjust rent and transfer security deposits, advance rent and related records. The seller may owe buyer a credit for rent collected for the buyer's ownership period. Under General Obligations Law section 7-103, rental security remains the depositor's money and is held in trust rather than becoming the recipient's asset.

When the person holding the deposit conveys the property, General Obligations Law section 7-105 generally requires that person to turn the deposit over to the successor at deed delivery or within five days and notify the tenant or licensee by registered or certified mail of the transfer and the successor's name and address. The closing team should therefore treat the deposit transfer, tenant notice and closing-statement credit as related but distinct tasks.

The attorneys and property manager should reconcile:

  • tenant name and unit;
  • lease term and rent;
  • amount and location of security deposit;
  • accrued interest or administration required by law;
  • prepaid or unpaid rent;
  • open tenant claims or concessions;
  • notice and record transfer.

Avoid treating a security deposit as ordinary seller income.

When does the buyer receive possession and keys?

The contract controls possession. Many residential sales deliver vacant possession and keys at closing, but another agreement may provide post-closing occupancy, an existing tenancy or delayed possession.

Deed delivery and physical possession are related but different. A buyer can receive title subject to a tenant's lawful possession. A seller who remains after closing may need a written occupancy agreement, escrow, charge, insurance allocation and firm move-out terms prepared by counsel.

Exam cue: choose the contract provision, not the assumption that every buyer gets immediate vacant occupancy.

What is a post-closing occupancy agreement?

A post-closing occupancy agreement lets seller remain for a defined period after title transfers. It should address:

  • move-out date and time;
  • daily occupancy charge;
  • security or escrow;
  • utilities and property expenses;
  • maintenance and damage;
  • access;
  • insurance and risk;
  • holdover consequences;
  • release of escrow.

This is a legal agreement, not a casual key arrangement. The attorneys should prepare it before closing.

Can a closing happen without everyone in one room?

Yes. The parties can use separate signings, escrow delivery, authorized representatives, mail or approved electronic and remote procedures when the documents, lender, title company, notarial rules and attorneys permit them.

What matters is not the ceremonial table. The closing must complete valid execution, delivery, funding, disbursement, recording and contract conditions through an authorized process.

How does a cooperative closing differ from a condominium closing?

A condominium unit is real property. The buyer receives a deed to the unit and its common interest, and a financed purchase uses a real-property mortgage that is recorded.

A cooperative apartment is not a deeded unit. The buyer receives shares allocated to the apartment and an assignment of the proprietary lease. A cooperative loan uses a security interest in that personal-property package rather than a mortgage on the apartment.

A cooperative closing can involve:

  • stock certificate;
  • proprietary lease and assignment;
  • cooperative board or managing-agent documents;
  • recognition agreement;
  • UCC financing and lien searches;
  • maintenance and assessment adjustments;
  • flip tax or transfer charges under building documents;
  • seller's share-loan payoff.

Do not charge a cooperative apartment buyer mortgage recording tax on a deeded apartment that does not exist. Other transfer taxes and fees can still apply.

What happens immediately after a deed closing?

Post-closing work can include:

  • deed and mortgage recording;
  • transfer-tax and RP-5217 filing;
  • mortgage satisfaction recording;
  • final title-policy issuance;
  • delivery of the recorded deed or recording information;
  • release of escrow funds after conditions are met;
  • lender boarding and payment setup;
  • condominium or cooperative ownership updates;
  • utility and insurance transitions;
  • retention of the complete closing package.

The CFPB advises borrowers to retain the Closing Disclosure, promissory note, mortgage and deed. The buyer should also keep the title policy, survey, closing statement, transfer records and any escrow agreement.

How can a buyer protect closing funds from wire fraud?

Closing funds are a frequent target for business-email-compromise scams. A criminal can imitate an attorney, title company or broker and send false last-minute wiring instructions.

The CFPB's August 2026 fraud guidance advises buyers to create a list of trusted closing contacts who can confirm payment instructions. Its mortgage-closing guidance recommends verifying account name and number in person or by calling a previously saved number, not a phone number supplied in the new email.

Practical safeguards include:

  • establish payment procedure before closing;
  • save trusted phone numbers independently;
  • verify every instruction verbally through the known number;
  • treat a last-minute account change as a red flag;
  • do not click an unexpected link or attachment;
  • do not email sensitive banking information;
  • contact the bank, attorneys and title professionals immediately if funds go to the wrong account;
  • report suspected fraud promptly through the instructed channels.

A salesperson should follow the brokerage's security protocol and should not improvise wire instructions.

What if the scheduled closing date changes?

Read the contract. A date stated as “on or about” may permit a reasonable scheduling adjustment, while a valid time-of-the-essence provision or notice can make punctual performance material.

Financing, title cure, payoff, document, casualty and walk-through issues can cause delay. The attorneys determine whether an adjournment is permitted, whether notice is required and whether a party is in default.

A salesperson can coordinate schedules but should not declare breach or advise a party to miss closing.

When is the broker's compensation paid?

Broker compensation is often disbursed from closing funds when the signed agreements and closing instructions direct it. Payment timing does not alone decide whether compensation was earned.

Entitlement can depend on:

  • listing or buyer agreement;
  • procuring cause when relevant;
  • contract conditions;
  • closing contingency in the brokerage agreement;
  • lawful cooperation or compensation arrangement;
  • broker supervision and payment channel.

Salespersons receive compensation through their licensed broker under New York law. They should not redirect or privately collect transaction compensation.

What should a salesperson do before closing?

A strong pre-closing checklist includes:

  • confirm walk-through date, access and attendance;
  • bring contract inclusion and repair information supplied by counsel;
  • confirm property is accessible and utilities are available as agreed;
  • document walk-through facts without diagnosing legal rights;
  • notify broker and attorneys of any issue immediately;
  • confirm key and access-device logistics;
  • keep parties informed of schedule changes authorized by counsel;
  • provide commission documents through the brokerage;
  • avoid transmitting or changing wire instructions;
  • retain transaction records required by the broker.

The salesperson coordinates facts and people. The salesperson does not clear title, approve loan documents or decide remedies.

Which closing misconceptions cause wrong answers?

Misconception: The final walk-through reopens all inspection negotiations

Correction: It checks the property against the contract and agreed work. Remedies come from remaining contract rights.

Misconception: The Closing Disclosure applies to every sale

Correction: It is a federal mortgage disclosure for covered loans. Cash, reverse-mortgage, HELOC and other excluded transactions use different documents.

Misconception: Buyer owns only after the deed is recorded

Correction: Delivery and acceptance can transfer the interest; recording creates public notice and priority protection.

Misconception: Seller receives the contract price at closing

Correction: Seller receives net proceeds after payoffs, charges, credits, prorations and escrows.

Misconception: Every walk-through problem permits cancellation

Correction: The contract and legal advice determine cure, credit, escrow, adjournment or remedy.

Misconception: The lender's wire email can be trusted because it looks familiar

Correction: Verify payment instructions through independently saved contact information.

Misconception: Closing day belongs to buyer for every proration

Correction: Use the contract or problem's stated day convention.

Misconception: A cooperative buyer receives a deed and mortgage

Correction: The cooperative transfer uses shares, proprietary lease and a personal-property security interest.

Misconception: The salesperson can draft an escrow agreement

Correction: Attorneys draft legal cure, occupancy and escrow terms. The salesperson supplies facts and coordination.

Can you apply the process to original exam-style scenarios?

Scenario 1: Missing refrigerator

The contract includes the refrigerator. At the final walk-through, it is gone.

Answer: Document the missing included item and notify the attorneys. The contract controls whether seller replaces it, gives a written credit, escrows money or faces another remedy.

Scenario 2: New roof leak

A storm damages the ceiling two days before closing. Buyer sees it during the walk-through.

Answer: This is a new condition and possible casualty issue, not a routine proration. Notify the attorneys and insurer contacts before closing.

Scenario 3: Seller prepaid taxes

Seller paid the tax period through year end. Buyer owns the closing day and benefits after closing.

Answer: Buyer ordinarily receives a debit and seller a credit for buyer's assigned period, using the method stated in the problem.

Scenario 4: Unpaid water bill

Seller used water before closing, but buyer will receive the next bill.

Answer: Seller ordinarily receives a debit and buyer a credit for seller's allocated use, subject to the bill and contract.

Scenario 5: Open prior mortgage

The debt was paid, but no satisfaction appears in the record.

Answer: The title professionals need acceptable payoff or release evidence and a recording or underwriting plan. Verbal assurance does not clear the record.

Scenario 6: Loan product changes

The lender changes the borrower from a fixed-rate to an adjustable-rate loan shortly before consummation.

Answer: A loan-product change is one of the Regulation Z events that requires a corrected Closing Disclosure and a new three-business-day waiting period for a covered loan.

Scenario 7: Seller stays for one week

The parties agree that seller can remain after title transfers.

Answer: Possession differs from title. Attorneys should prepare a post-closing occupancy agreement covering charge, escrow, damage, insurance and move-out.

Scenario 8: New wire instructions arrive

Buyer receives an email changing the title company's account on closing morning.

Answer: Avoid using the new instruction until it is verified through a previously saved trusted number or in person. Treat the change as a possible fraud attempt.

What should you memorize?

  • Closing consummates the sale and coordinates title, money and documents.
  • Final walk-through compares property condition with the contract.
  • Walk-through is not a second full inspection.
  • Closing Disclosure applies to most covered closed-end consumer mortgages, not every sale.
  • A buyer generally gets at least three business days to review the covered Closing Disclosure.
  • Deed transfers the interest; note promises repayment; mortgage secures the loan.
  • Delivery and recording are distinct.
  • Seller receives net proceeds, not the gross price.
  • Existing liens must be handled under title and contract requirements.
  • Debit means charge; credit means amount in a party's favor.
  • Prepaid buyer-period item commonly means buyer debit and seller credit.
  • Unpaid seller-period item commonly means seller debit and buyer credit.
  • Closing-day convention comes from the contract or question.
  • Possession follows the contract and can differ from title transfer.
  • Cooperative transfer uses shares and proprietary lease, not a deed to the apartment.
  • Verify closing funds through trusted contact information.
  • Salespersons coordinate facts and stay within the legal boundary.

Practice questions

1. What is the main purpose of a final walk-through?

A. Perform a new full engineering inspection
B. Compare current property condition and agreed work with the contract
C. Recalculate the buyer's credit score
D. Record the deed

Answer: B. The walk-through checks the contract condition near closing.

2. Which document is the borrower's promise to repay the loan?

A. Deed
B. Promissory note
C. RP-5217
D. Title policy

Answer: B. The note states the debt promise; the mortgage secures it with real property.

3. Seller prepaid an annual charge covering buyer's post-closing period. What is the usual adjustment?

A. Seller debit and buyer credit
B. Buyer debit and seller credit
C. Two seller credits
D. No entry can be made

Answer: B. Buyer reimburses seller for buyer's share of the prepaid item.

4. Which event can require a new three-business-day Closing Disclosure period for a covered loan?

A. A corrected spelling that does not affect terms
B. A loan-product change
C. Delivery of keys
D. A new broker phone number

Answer: B. Regulation Z identifies a loan-product change as a material event requiring the new review period.

5. What does RP-5217 primarily report?

A. Home-inspection findings
B. Real-property transfer and sale information
C. Mortgage payment history
D. Title-policy exclusions

Answer: B. It supplies transfer information to state and local property-tax officials.

6. Which statement about deed recording is correct?

A. Recording and delivery mean the same event
B. An eligible deed is recorded where the land is situated
C. Recording repairs a forged deed
D. Buyer must wait for the recording stamp before signing loan documents

Answer: B. New York records the conveyance in the county where the property is located. Recording and delivery have different functions.

7. Buyer receives last-minute wire instructions by email. What is the best next step?

A. Send a small test amount
B. Reply to the email asking whether it is legitimate
C. Verify through a previously saved trusted phone number
D. Ask the seller to forward the message

Answer: C. Independent verification avoids relying on a compromised email thread.

8. What does a cooperative apartment buyer receive at closing?

A. A deed to the apartment
B. Shares and an assignment of the proprietary lease
C. A fee-simple land patent
D. A condominium declaration

Answer: B. Cooperative ownership is the share-and-lease package, not deeded unit ownership.

Frequently asked questions

What happens at a New York real estate closing?

The parties complete required documents, buyer and lender supply funds, liens and charges are paid, seller delivers the deed, closing figures are reconciled, recording is arranged and possession follows the contract.

When should a New York buyer do the final walk-through?

It is commonly scheduled shortly before closing, often the day before or the same day, so the buyer can compare current condition with the contract. The parties should leave enough time to report and address a problem.

Can a buyer cancel because of a final walk-through problem?

Not automatically. Cancellation, adjournment, repair, credit, escrow and other remedies depend on the contract and legal advice.

Who attends a New York closing?

A residential closing can involve buyer and seller, their attorneys, lender representative, title closer, brokers and building representatives. Separate or remote signings can change who appears together.

Does a cash buyer receive a Closing Disclosure?

No mortgage Closing Disclosure is required for a cash purchase. The attorneys or closing professionals still prepare transaction statements and transfer documents.

When does the buyer become the owner?

The deed transfers the seller's interest through valid delivery and acceptance. Recording then places the deed in the public record and supports priority protection.

Who gets the closing day in a New York proration?

The contract, closing instruction or exam question states the convention. Resist the urge to assume a single statewide rule for every item.

What is the difference between a debit and a credit?

A debit charges the named party or reduces that party's proceeds. A credit places an amount in the party's favor or reduces funds due.

When does the seller receive closing money?

After the authorized closing professionals confirm funding and document conditions, money is disbursed according to the closing statement. Seller receives net proceeds after payoffs and charges.

Should a buyer trust emailed wire instructions?

Payment instructions should be verified through trusted contact information established independently of the message. A last-minute change requires direct confirmation before money is sent.

Sources and verification notes

This article was checked against official New York and federal sources effective or published through August 27, 2026. The principal authorities are:

Closing forms, participants, possession, cost allocation and local charges vary. The purchase contract, lender instructions, title requirements and legal advice control the live transaction.

Continue learning

Legal issues

Recording, Notice, Priority and Chain of Title

Learn New York's race-notice recording rule, actual, constructive and inquiry notice, deed priority, chain-of-title gaps and exam decision steps.

Read the related guide

Legal issues

Title Searches, Abstracts, Marketable Title and Title Insurance

Learn how New York title searches, abstracts, marketable title, title reports and owner and lender title insurance differ for the salesperson exam.

Read the related guide

Real estate mathematics

Discount Points and Loan Charges for the New York Exam

Calculate discount points and loan charges, distinguish credits and fees, and solve original New York real estate exam math examples.

Read the related guide

Practice the rule without the article open.

Use the free web sampler for one question from each curriculum subject, or continue in the mobile app for repeated practice across the full question bank.