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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 3
Do you have any New York Real Estate questions page 3 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

When and where can I speak to an attorney

Answered 7 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It depends on what you are specifically doing.  There are many attorneys on this site, but your location is important as is the type of matter.
It depends on what you are specifically doing.  There are many attorneys on this site, but your location is important as is the type of matter.

Can a lease to own with two people have one of those people get a mortgage without the other signing off

Answered 7 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
As long as you forfeit the title at the same time, it should not be a problem.
As long as you forfeit the title at the same time, it should not be a problem.

Can I transfer a house into a trust?

Answered 7 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Yes.  Tax issues need to be checked.
Yes.  Tax issues need to be checked.

I think I'm being scammed by the seller of my land contract.

Answered 7 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Land contracts are usually scams.  You are going to have to sue the owner to pay the taxes and give you the property.
Land contracts are usually scams.  You are going to have to sue the owner to pay the taxes and give you the property.

Is there specific law that pertains fraud with retirement accounts

Answered 7 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
VA law applies.  If you think you were criminally defrauded call the VA Attorney General.
VA law applies.  If you think you were criminally defrauded call the VA Attorney General.

Defending your self procuring cause

Answered 7 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
If you found the buyers from this agent, you are going to owe this money.  You can have a lawyer.  You may want one.  The fact the buyers hated her is not an issue.
If you found the buyers from this agent, you are going to owe this money.  You can have a lawyer.  You may want one.  The fact the... Read More

how do I remove my 89 year old mother from the deed on the house we own together.

Answered 7 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
She needs to sign a deed conveying her share to you.  The technical aspects, i.e. what papers accompany the deed, vary by locality, which you did not post.
She needs to sign a deed conveying her share to you.  The technical aspects, i.e. what papers accompany the deed, vary by locality, which you... Read More

what type of lawyer do i need if im a condo owner and ive been displaced 15 months due to a fire in a common area?

Answered 7 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You can sue the Board of Managers, which has insurance for common areas.
You can sue the Board of Managers, which has insurance for common areas.

How long can you disputes your mortage payments once house is sold?

Answered 7 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
If you did the payoff at closing and did not dispute the amount in writing at the time, it would be very hard now to contest it.
If you did the payoff at closing and did not dispute the amount in writing at the time, it would be very hard now to contest it.

I am selling my condo in Lake Grove . How much can I expect to pay for real estate lawyer fee

Answered 7 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
$1500 give or take
$1500 give or take

Question about a reverse mortage Guaranteed by HUD

Answered 7 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You are not liable for the shortfall when you vacate the house.  But you must contact the bank to hand it over at the proper time.
You are not liable for the shortfall when you vacate the house.  But you must contact the bank to hand it over at the proper time.

After 30 years landlord want to sell house in flushing, N.Y. I owe $3,170.00 for rents. Paid $890.00 until March. New rent for 1-bedroom will be al

Answered 7 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Unless you have a lease, you cannot stay.  A court order is required, which takes time.  This is the time to make a deal with the landlord.  He should forgive rent, give you time to move, and you move. 
Unless you have a lease, you cannot stay.  A court order is required, which takes time.  This is the time to make a deal with the... Read More

Is it legal for buyer to use same real estate attorney as seller?

Answered 7 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It is legal.  But, it is a conflict that you can waive.  You should have your own representation. There are thousands of us.  Saying you cannot find a lawyer makes no sense.
It is legal.  But, it is a conflict that you can waive.  You should have your own representation. There are thousands of us.  Saying... Read More

landlord hasnt returned my security deposit and it has been 35 days. his name is on my lease as my land lord but he keeps telling me to contact his b

Answered 7 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Depends on the amount, and the location of your apartment.  May be small claims.  You get triple damages if the money was not in an isolated account.
Depends on the amount, and the location of your apartment.  May be small claims.  You get triple damages if the money was not in an... Read More

need to do a land contract

Answered 7 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
"Land contract" is not a legal concept in New York.  In fact, it is usually a term scammers use.  You need an estate plan.  What you need is determined by how your daughter is "protected".
"Land contract" is not a legal concept in New York.  In fact, it is usually a term scammers use.  You need an estate plan.  What you... Read More

In NY how long does the buyer have to inform the seller whether they are buying the house or not

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
If there is no contract there is no responsibility on any side to do anything.  No notice is required.
If there is no contract there is no responsibility on any side to do anything.  No notice is required.

Change/addition of name on a real estate contract.

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It is allowed if the seller allows it.  The form contract does not allow it, so unless yours is different you need seller's consent.
It is allowed if the seller allows it.  The form contract does not allow it, so unless yours is different you need seller's consent.

I'm inheriting my dads land that has a tennant trailer on ir, i would like to move onto the land can I legally evict this tennant?

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
If there is a breach of the lease, you can bring an eviction case, just like it was an apartment.
If there is a breach of the lease, you can bring an eviction case, just like it was an apartment.

Real Estate: Mortgage lender refuses to FC, Balance was discharged thru Chapt 7, Unable to find short sale buyer, lender cease pmts to insur/taxes

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
There is always a short sale buyer.  Let a broker deal with it.  As to options, there will eventually be a tax foreclosure if there is no lender foreclosure.  In reality, you do not care.  There is nothing in it for you anyway.
There is always a short sale buyer.  Let a broker deal with it.  As to options, there will eventually be a tax foreclosure if there is... Read More

Complex issues looking 4 one place to start deed transfer and mortgage Refi 10312 zip

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It depends on how the deed is drafted on what legal work is required.  Cooperation of stepdaughter is needed to do anything.  No cooperation means bringing a lawsuit. 
It depends on how the deed is drafted on what legal work is required.  Cooperation of stepdaughter is needed to do anything.  No... Read More

Can a property owner donate their home to a business if there's a lien on it?

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
The lien follows the deed.
The lien follows the deed.

Real Estate. Sellers are hands off and FHA demands have cost me my rate. I wanted to back out but seller may sue me. What can I do?

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
The contract will govern your rights.  The Seller can likely sue to force you to close or forfeit your deposit.
The contract will govern your rights.  The Seller can likely sue to force you to close or forfeit your deposit.

How much does it cost to file a patition to partition

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It is in the Supreme Court.  There is only one way to do it.  It is governed by RPAPL 901, et seq.  I charge an hourly fee and require a $5000 retainer.  I have done many of these cases.
It is in the Supreme Court.  There is only one way to do it.  It is governed by RPAPL 901, et seq.  I charge an hourly fee and require... Read More

Is an escrow argeement void if the buyers fail to hold up their part of the agreement in whole? Can we get legal fees if we sue? Cost is $2500

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You are going to have to sue in Civil Court.  There is no other way.
You are going to have to sue in Civil Court.  There is no other way.

How much does it cost to file a patition to partition

Answered 7 years and 11 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Real Estate
Attorneys are not going to answer your question in a forum like this.  You need to contact an attorney directly for that type of information. The fee would depend on yours and your brother's locations, the value of the property, and how much equity your mother had in it. Since it is impossible to tell whether this will take a long time to resolve or whether your brother will be reasonable and agree to sell the property privately once he realizes how much equity is going to be eaten up by the litigation, most attorneys would start off with a fairly modest retainer fee and then work on an hourly basis after that. You need to look for an attorney who is both experienced in real estate (like me) and also litigation (like me).  Many real estate attorneys only handle transactions, and are uncomfortable in a courtroom (unlike me).  Good luck. ... Read More
Attorneys are not going to answer your question in a forum like this.  You need to contact an attorney directly for that type of information.... Read More
Real Estate
New York

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