Selling Church Property in New York

Understanding the Legal Process and Attorney General Approval

Selling property owned by a religious organization—such as a church—comes with a distinct set of legal requirements that differ from standard real estate transactions. In New York, the sale of church-owned property must be approved by the Attorney General (AG) to ensure it serves the best interests of the congregation and complies with applicable state laws.

At Elsie Acevedo, Attorney at Law, we have experience as a real estate lawyer guiding religious institutions through these complex church real estate transactions. In this post, we outline the key steps involved in the process and emphasize the importance of experienced legal counsel to help ensure a smooth, compliant, and successful sale.

5 Key Steps When Selling Church Property

Here are 5 key steps When selling church property and how a Long Island church real estate lawyer can help you complete the process.

1) Congregational Approval

Before moving forward with the sale, the church’s governing body—such as the board of trustees—must adopt a resolution authorizing the transaction. In many cases, the church’s bylaws also require approval from the congregation, typically obtained through a formal vote.

2) Drafting the Contract of Sale

After internal approvals are obtained, a real estate attorney will draft or review the contract of sale to ensure it complies with all legal requirements and safeguards the church’s interests.

3) Filing a Petition with the New York Attorney General

Under New York Religious Corporations Law (RCL) § 12, churches must obtain
approval from the New York State Attorney General’s Office before transferring property. This process involves filing a petition that includes:

A copy of the signed contract of sale
Corporate resolutions authorizing the sale
A detailed explanation of how the sale benefits the church
Financial documentation related to the property
An affidavit from church officers outlining the decision-making
process

4) Attorney General Review and Approval

The Attorney General’s office will review the petition to confirm that the proposed transaction is fair, reasonable, and aligned with the best interests of the church and its congregation. In some instances, the AG may request additional documentation or clarification. If the petition is denied, the church may be required to seek approval from the New York State Supreme Court.

5) Closing the Transaction

Once the Attorney General grants approval, the transaction can move forward to closing, where final documents are executed, funds are transferred, and ownership is formally transferred.

Why Legal Representation Is Essential

Selling church property is more complex than your standard real estate transaction. Failing to follow the proper legal procedures can result in delays, legal disputes, or even the invalidation of the sale.

At Elsie Acevedo, Attorney at Law, we offer comprehensive legal support to religious institutions, which includes the following aspects:

Drafting and reviewing contracts of sale.
Guiding churches through internal governance requirements for church real estate.
Preparing and filing petitions with the Attorney General’s Office in New York.
Representing clients in court if approval is denied.
Ensuring compliance with all legal obligations throughout the process.

If your church is considering selling property, reach out to us to schedule a consultation. We’re here to guide you through the legal process with clarity, confidence, and personalized support.

Need a Church Real Estate Lawyer on Long Island?

Elsie Acevedo, Attorney at Law, is proud to work with the community on Long Island, New York. Our office has years of legal experience and can help you navigate your current situation.