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New York Real Estate Legal Questions

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381 legal questions have been posted about real estate by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include easements, commercial leasing, and commercial real estate. All topics and other states can be accessed in the dropdowns below.
New York Real Estate Questions & Legal Answers - Page 2
Do you have any New York Real Estate questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 381 previously answered New York Real Estate questions.
Real Estate
New York

Recent Legal Answers

We received a $10k damage report 45 days after move out in NY state. It appears he is trying to over charge us. We don't have proof. What can we do?

Answered 6 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
The answer turns on whether you have posted the 10K in security and are trying to get it back, or are just being threatened.  If you have security, you are going to have to sue for it.  If you are being threatened, just deny the claims in writing with a certified letter, and do nothing.... Read More
The answer turns on whether you have posted the 10K in security and are trying to get it back, or are just being threatened.  If you have... Read More

If all homeowners have homeowners insurance does the association need to buy liability insurance?

Answered 6 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
The association should have insurance, but it is probably not expensive.
The association should have insurance, but it is probably not expensive.

My brother and I sold a property we owned together. My brother has liens against him. The attorneys are holding a portion of my share of the money

Answered 6 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You should not have signed the deed without getting the money.  Whether it is "legal" depends on what you signed.  You should have had separate counsel.  At this point you need a lawyer to look at the closing and determine what you should get and what you owe.  The lawyer clearly has a conflict, and you should fire the lawyer.... Read More
You should not have signed the deed without getting the money.  Whether it is "legal" depends on what you signed.  You should have had... Read More

My landlord refuses to give me back my security deposit

Answered 6 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You can sue.
You can sue.

Do I need a Real Estate lawyer?

Answered 6 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
If you have a buyer you do not need a broker.  A realtor/broker finds buyers and you did that yourself.  A lawyer is a good idea as the seller drafts the contract first.
If you have a buyer you do not need a broker.  A realtor/broker finds buyers and you did that yourself.  A lawyer is a good idea as the... Read More

Filing a motion to claim Surplus funds

Answered 6 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
I do not know what small is, but I charge a $5000 flat fee for this process.
I do not know what small is, but I charge a $5000 flat fee for this process.

Is it legal for a condo company to get the original copy of oath of allegiance? Philippine consulate here in NY told not to give original documents?

Answered 6 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
This whole thing makes no sense.  I have never heard of such a request.  The condo is in NY?
This whole thing makes no sense.  I have never heard of such a request.  The condo is in NY?

My mother told me on Friday she is putting the house my children and I live in on the market this week. Is there anything I can do?

Answered 6 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
No.  You are just a tenant with no lease.  Negotiate with her.  She will get a better price delivering the house vacant.  You can screw up the sale by refusing to leave and then she would have to evict you in court.
No.  You are just a tenant with no lease.  Negotiate with her.  She will get a better price delivering the house vacant.  You can... Read More

We contracted to do a short sale but don't want to go thru with short sale. Can we get out of it?

Answered 6 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
A short sale contract is like any other contract.  It is enforceable.  If the bank is willing to do it and clear title at closing, you are going to have to do it.
A short sale contract is like any other contract.  It is enforceable.  If the bank is willing to do it and clear title at closing, you are... Read More

what is the consideration?

Answered 6 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Just put in $1.  It is not a market value sale but merely an ownership change.
Just put in $1.  It is not a market value sale but merely an ownership change.

Can my daughter's landlord evict her for making noise during daytime hours?

Answered 6 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Her rights are under the lease.  A baby is not likely a nuisance that could cause eviction.
Her rights are under the lease.  A baby is not likely a nuisance that could cause eviction.

Lease

Answered 6 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It depends on the lease terms.  Likely it is valid.  You are going to have to evict in court for violating sone term of the lease.  Once you terminate, you cannot take rent money.  That is your bind.
It depends on the lease terms.  Likely it is valid.  You are going to have to evict in court for violating sone term of the lease. ... Read More

talk to someone

Answered 6 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Reverse mortgages are basically scams.  There is no business sense to do it.
Reverse mortgages are basically scams.  There is no business sense to do it.

can I re-deed a property line if there is a small HELOC on the property?

Answered 6 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
While it is a technical default under the HELOC to transfer the title, you can do it if you are giving it to someone who does not care (like a family member).  However, you have bigger issues.  If you are building another house and selling it, you need to create a separate tax lot, which requires filings with the town to make a subdivision.  Also, a third party will require the HELOC to be paid off.  The HELOC people will not carve out property from the lien.  Also, you will need permits, etc., for the construction.... Read More
While it is a technical default under the HELOC to transfer the title, you can do it if you are giving it to someone who does not care (like a family... Read More

Can a condominium association exist in New York State without registering as an entity with New York State?

Answered 6 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
The association would have to have an ID.  How did they open a bank account?
The association would have to have an ID.  How did they open a bank account?

Can I sue the seller or lawyer who closed on my property

Answered 7 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
As to seller, likely no but it depends on the contract.  As to your lawyer, the violations should have appeared on the title report.  The question is what happened after that.
As to seller, likely no but it depends on the contract.  As to your lawyer, the violations should have appeared on the title report.  The... Read More

Can life use individual transfer her life use to someone else...when does it end

Answered 7 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
A life estate lasts until the life tenant dies.  I cannot fully follow your post, but if the grandma is still alive, she can assign her life tenancy to someone else, but only for her life.
A life estate lasts until the life tenant dies.  I cannot fully follow your post, but if the grandma is still alive, she can assign her life... Read More

Dispute about waterline leak. Need legal protection from City of NYC's DEP .

Answered 7 years and a month ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
There are plumbers that specialize in main line repair.  Call one, and get their opinion.  There are no gray areas.  It is on your side of the main or not.
There are plumbers that specialize in main line repair.  Call one, and get their opinion.  There are no gray areas.  It is on your... Read More

I am looking for a Lawyer that can change the name on a deeded property

Answered 7 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Call an MD lawyer.  Both of you must sign the deed.
Call an MD lawyer.  Both of you must sign the deed.

Am I able to live in my mother's house as an heir while it's probate. I'm not the executor of the estate..

Answered 7 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Are you allowed to live there?  Yes.  But, it must be sold and you must cooperate with the sale.
Are you allowed to live there?  Yes.  But, it must be sold and you must cooperate with the sale.

realestate- no longer want to sell my home due to life changing event

Answered 7 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It depends on how the contract is worded.  If you are in contract you are going to have to go through with it, unless you can manufacture a default.
It depends on how the contract is worded.  If you are in contract you are going to have to go through with it, unless you can manufacture a... Read More

purchased a house without a CO for second floor addition

Answered 7 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Your attorney.  No one should purchase a house with work that requires a CO and not get one.  One could overlook minor issues, like a deck, but a second floor, no way.  Title insurance does not help.  You are going to have to legalize this.  No one else but you would close for market value with this kind of CO issue.  I am surprised your mortgage company approved it.... Read More
Your attorney.  No one should purchase a house with work that requires a CO and not get one.  One could overlook minor issues, like a deck,... Read More

does a will supersede a deed

Answered 7 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It depends if the title is a tenancy in common or joint tenancy.  The language of the deed governs.
It depends if the title is a tenancy in common or joint tenancy.  The language of the deed governs.

how much time does a escrowee (attorney) have before depositing a home buyers deposit check ?

Answered 7 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
That is weird, but right.  You cannot deposit a check after being told not to do so.
That is weird, but right.  You cannot deposit a check after being told not to do so.

Do I have the right to terminate lease?

Answered 7 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It depends on the lease terms.  Probably yes, but if they are paying rent, consider deducting from the security instead.  Once you start eviction, they will not pay and will do whatever is not right.
It depends on the lease terms.  Probably yes, but if they are paying rent, consider deducting from the security instead.  Once you start... Read More
Real Estate
New York

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