Bitcoin, Ethereum, and other cryptocurrencies are beginning to change, well, just about everything. Over the last few years, “crypto” has infiltrated countless industries, including finance, real estate, energy, social media, art, sports, and many others.
While it certainly has its skeptics, it’s beginning to seem as though crypto is here to stay. Indeed, just last year, El Salvador passed a law to recognize Bitcoin as legal tender in the country. In January, Senator Wendy Rogers introduced a bill to add Bitcoin to the list of accepted legal tender in the state of Arizona. Numerous members of Congress and other Federal, State, and local officials have been outspoken advocates of Bitcoin, Ethereum, crypto, and blockchain technology. Perhaps most notable here at home, New York City Mayor Eric Adams received his first paycheck (and vowed to receive others) in the form of Bitcoin and Ethereum, and has made it clear that he wants New York City to be the center of cryptocurrency and other financial innovations.
With respect to real estate, crypto has already made a meaningful impact in New York City. Over the last several years, crypto started being used as consideration for various real estate transactions, and there has been a noticeable uptick in interest recently from developers, investors, and purchasers. Starr Associates LLP is proud to have facilitated the purchase and sale of residential and commercial units using crypto as the form of payment. In total, our firm has consummated tens of millions of dollars of crypto transactions via BitPay, a United States-based cryptocurrency payment service company. Starr Associates LLP’s verified Tier Four account with BitPay permits unlimited daily and annual transaction volume. Whether our firm is representing the purchaser or the seller, the process of exchanging real estate for crypto generally works as follows:
1. Within 24-48 hours of when the down payment or balance is due, our firm would coordinate with
BitPay to generate an invoice for the amount due.
2. The invoice is sent to the purchaser via email along with instructions for effectuating the payment. The amount due is denominated in the requested form of cryptocurrency and has a price-locked conversion rate in United States Dollars (“USD”). In addition to Bitcoin (BTC), BitPay also accepts the following other cryptocurrencies: Ethereum (ETH), Wrapped Bitcoin (WBTC), Dogecoin (DOGE), Litecoin (LTC), Bitcoin Cash (BCH), and five (5) different USD-pegged “stablecoins” (GUSD, USDC, USDP, DAI, and BUSD).
3. The purchaser has fifteen (15) minutes from the time purchaser opens the invoice payment flow to lock-in the conversion rate and effectuate the payment of the invoiced amount in cryptocurrency. Purchasers are, of course, advised to verify the legitimacy of the email and invoice prior to accessing any links and remitting the requested payment.
4. Upon receipt of the cryptocurrency, BitPay sends the corresponding USD value to our firm’s escrow account to be held until the USD funds are released to the applicable parties at the agreed- upon time.
Note: the above process may vary (both in substance and time), as BitPay performs additional layers of due diligence depending upon the size of the transaction.
Aside from real estate transactions, there are numerous projects seeking to disrupt the real estate industry and change how owners, operators, occupants, and investors interact with real estate. These projects are nascent and exciting, but they have an arduous road ahead as they must navigate Federal and State securities, banking, privacy, anti-money laundering, and other laws. But it is interesting to consider the potential impacts of crypto and blockchain technology on real estate ownership and chain of title, condominium and cooperative governance/voting, source of funds disclosures, and alternative methods of purchasing, selling, financing, and investing in real estate.
Starr Associates LLP has its finger on the pulse of this quickly-blossoming industry and is ready to assist clients incorporate crypto into their real estate transactions and ventures. For more information, please do not hesitate to contact Shaun Pappas and Benjamin Siegel at crypto@starr-lawfirm.com .
DISCLAIMER
Nothing herein should be considered or construed as financial, investment, legal, tax, or other advice. Readers should conduct their own due diligence, and consult with an attorney, accountant, and/or other trusted industry professional(s) before purchasing, utilizing, or otherwise interacting with
cryptocurrencies, tokens, or blockchain technology. Starr Associates LLP does not make any representations or warranties regarding Bitcoin, Ethereum, any other cryptocurrency or token, or blockchain technology, including, without limitation, their security, usability, reliability, fitness for any particular purpose, or legality within any particular jurisdiction. Transacting cryptocurrencies or tokens on a blockchain involves risk, volatility, and the payment of fees. Participate and interact with cryptocurrencies, tokens, and blockchain technology at your own risk.