New York Real Estate Legal Questions

I am not sure what you are looking for, but your first step would be to file a detailed complaint setting forth your grievances against the broker with the NY State Real Estate Board licensing commission. They will do an investigation and keep you advised. A lawyer can help daft the complaint and expedite this process.... Read More

Why don't you file it now? Your attorney may be responsible, it would have depended on the terms of the closing. You would have to bring all your closing documents to a real estate attorney in your town who could help you in this matter, meanwhile if you have the original deed you can go to the clerks office and file it yourself. If you don't have the original you may have to recreate and have the original seller re-execute the deed and if they are not available or willing you can do it through the courts with an attorney.   Walter Jennings, Esq.... Read More

I will assume the mortgage held by a family member was placed of record before any of the judgment liens, and that the suggested foreclosure is a "friendly" one to clear the title. Ordinarily, a judgment creditor (following a foreclosure) will have only a right to redeem.  That means, the judgment creditor could - for the redemption period - pay off the holder of the mortgage and take the property in hopes that he could sell it for enough money to recover what he spent to pay the mortgage plus pay the debt owed to him.  I do not know what your State's redemption period is - might be a year - might be less than a year.  If the idea is to cut out the judgment creditors and then have the family member deed the property back to you, that won't work.  Any conveyance back to you will ordinarily restore the viability of the judgment liens.  For specific information on these questions, you should confer with a good real estate lawyer in your area.... Read More

Yes there are a few legal remedies to your question. I am basing my answer on the assumption that the ownership is 50/50. Short of selling the house in a partition action, you can talk to a lawyer about bringing an action against her mother for unjust enrichment and for an action in equity to make her mother pay her fair share of the household expenses. You may also consider seeking 50% assuming that you each own half of the house for any money you have paid on her behalf for household expenses in the past.  You will need help with this matter, please consult an experienced attorney.   Walter S. Jennings, Esq.  ... Read More

If you have received an eviction notice, we recommend that you contact a lawyer to defend you. You may have a defense to the eviction. If you are in a rent stabilized apartment the landlord has the right to bring an eviction proceeding for failure to renew your lease. You may have the right to interpose a counterclaim for breach of warranty of habitability, due to the roof leak. I strongly suggest that you contact an attorney to defend you, inasmuch as your position on failure to renew the lease may not be accepted by the court. You are probably obligated to pay a portion (at least) of rent regardless of the leak, unless you vacated due to the conditions. Walter S. Jennings... Read More

You should contact your landlord and see if you can get written agreement for the additional day you need. Otherwise, I can not answer the questions you asked because they are more complicated than they sound and I would need more information to give you sound advise. I suggest that if you are worried about a lockout and cant make the agreement with your landlord, seek legal advice before the fact, a lawyer can advise you more fully upon reviewing your documents and circumstances.   Walter S. Jennings... Read More

I hope you have insurance to repair or replace the house in the event there is a fire loss.  Depending on where you are in the process of contracting with the buyer, the buyer may have a contract interest in such insurance proceeds.  If you have no insurance and there is a loss, and if the buyer has suffered a loss because of the absence of insurance, you may have a lawsuit by the buyer to contend with.  (The purchaser of real estate will usually have significant expenses in preparing for the closing -- such as the purchase of an appraisal, a survey, title services, etc - and even the payment to the prospective lender of servicing fees.  The process can be quite expensive.)... Read More

You might have a claim for fraudulent representation. If the listing misrepresented the facts of the charachteristics of the property then you can seek recourse. You will need an attorney, and an estimate of the cost of removing the septic and connecting to the sewer. However, it would be important for your attorney to look at the contract of sale and any and all promotional documents/representations made to you prior to or on or about the time of the sale. I suggest that you get an estimate first and try to resolve this with the brokers both listing and selling, if unsuccessful go to an attorney. Communicate in writing and keep copies. Good luck.   Walter Jennings, Esq.  ... Read More

 It's highly unlikely that you would be able to prevail in such a lawsuit. Clearly the warring factions of the condo have legitimate claims and cross claims. The mere fact that they are in litigation is not a defensible claim, regardless of the effect on the sales. You should seek a consultation from an attorney in your area that might have some other remedies for you.  ... Read More

Whether or not you have any action against the timeshare would be determined by the attorney's review of the timeshare contract in regard to the representations made pursuant to the contract. If there were fraudulent representations or breaches of its terms, you MAY have the right to void the contract. However, you will need to hire an attorney to review the contract as to its terms and conditions and any other selling brochures upon which you relied. A letter to the timeshare company might result in some agreement that you could find acceptable. Explain your grievances in the letter to them and keep copies! You might also consider trying to re-sell your timeshare to mitigate your damages.   Walter Jennings, Esq.... Read More

While it is unfortunate that this happened, common areas are controlled by the board and they can direct its usage, so long as it does not PREVENT egress and ingress. Perhaps they would be willing to give you an alternate space, which could be more convenient for you to access.   Walter Jennings, Esq.... Read More

I am a NY lawyer.  There are several strategies you can use.  If the property was left via  will to you and your siblings, you are correct to say that the three of you own it.  Any owner can bring a partition action as of right.  You as co-executor would have the right to commence this action.  A partition action results in the sale of the property by order. The downside of a partition is that it is sold like a foreclosure so you do not always get the highest price.  However, if your brother is seriously interested in buying it from the estate, this would force a settlement.  Another idea is bring a petition to compel sale of the property in the Surrogate's Court or, in turn, removal.  The Surrogate's Court will not give an order of eviction.  One thing you must be careful of is that if it appears that you can not serve together, some counties are fast to appoint the public administrator.  There are other strategies.  I would say that you should consult with a lawyer quickly.  As a co-executor, you have liabilities to your other brother.  For example, if the house were to burn down, the co-executors would be guilt of breach of fiduciary duty.  You should act quickly. www.siegelandsiegel.com Sharon M. Siegel, Esq. 212-721-5300... Read More

You need a new attorney. The contracts will have to be reviewed.I would need more informaiton including copies of contracts to be able to tell you if there is a possibility to recover or resolve this issue. I suggues that you do not wait any longer and find out what your attorney is willing to do with regard to the fact that he did not inform you. Put everything in writing, and keep copies. Send a letter to your attorney and ask him how he is going to make your "whole" under these circumstances, do not let him drag it out. If he doesnt come up with a good solution for you then seek other counsel.   Walter Jennings, Esq. Law Office of Walter Jennings P.C.... Read More

I agree with Gerry, that you definitely need an attorney. You will need them to review the condo- bi-laws. Essentially the board would have to take you to court to reclaim the condo, to which you may have defenses. If it does go to court there is a good chance (based on what you have explained) that the matter could be resolved, between attorneys on your behalf, probably without loss of the condo. Keep all your documents organized, you will need proof. Walter Jennings, Esq. Law Office of Walter Jennings... Read More

It sounds like you have a proposed stipulation of settlement, which you want so ordered by the court. Unless both parties execute the stipulation of settlement and submit it to the court to be so ordered, you do not have a deal. I would suggest seeking counsel, if you don't already have counsel to arrange a conference with the court in the hopes that the court can convince the other party to sign.   Walter S. Jennings, Esq. Midtown Landlord/Tenant Attorney www.lawofficeofwalterjennings.com... Read More

You need to speak to experienced counsel who can assist in this process- pressure will have to be put on the board to sign the recognition agreements. If the board refuses, you will have no alternative but to bring suit against the board. I don't think a judge will be too happy that a Board wastes the court's time, especially where the divorce requires the transfer. Gerry Wendrovsky, Esq.Upper West Side Lawyer www.upperwestsidelawyer.com    ... Read More

Check with the title company you used when you bought the property. They generally insure the description set forth in your deed and maybe responsible if they did not pick up the City easement for the road across your property. You will need a copy of your deed and the previous deed to compare the descriptions. It would also be helpful to check with the City to determine when they acquired an easement over the property and what transpired at that time.... Read More

  The law in NY is "buyer beware."  Whether or not you can recover damages depends on whether you performed a home inspection and, if you did, whether the former owner intentionally concealed any defects. If neither of the foregoing occurred, then you are probably out of luck. In addition, it sounds like your home is situated in a high flood area. If you are indeed in a designated high flood area, then your title policy and/or mortgage commitment probably required you to purchase flood insurance, which may be your only avenue for recovery (i.e., by filing a claim).  Jennifer Polovetsky, Esq. Law Offices of Jennifer Polovetsky, Esq., PLLC , Lake Success, NY.                                                       (Practice areas include Residential and Commercial Real Estate in the Metro NY area)  ... Read More