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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 5
Do you have any New York Real Estate questions page 5 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.
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New York

Recent Legal Answers

change name on deed to my son

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
No problem.  A deed to your son is simple.  The recording fee varies by county and you did not post yours, so the cost cannot be determined.
No problem.  A deed to your son is simple.  The recording fee varies by county and you did not post yours, so the cost cannot be determined.

by state law whats the max a landlord could increased a new tenant rent bronx ny

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It depends if the apartment is rent controlled, or not.
It depends if the apartment is rent controlled, or not.

How do I go about getting an additional name placed on a HDFC stock certificate?

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You need to make a request to the Board, and the applicant must qualify under HDFC guidelines.
You need to make a request to the Board, and the applicant must qualify under HDFC guidelines.

I need to open a trust escrow account for my real estate brokerage for property management division.

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You are using the wrong terms and confusing people.  You need a security deposit escrow account?  That is one specialty.  Or, do you need an escrow account for a licensed broker.  For that you need to be a licensed broker.
You are using the wrong terms and confusing people.  You need a security deposit escrow account?  That is one specialty.  Or, do you... Read More

I live in NYC but I have an investment property in NJ with a mortgage attached, that I would like to move to an LLC, what is my best course of action?

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You can change the title, but not the mortgage.
You can change the title, but not the mortgage.

Leaseholder to Occupant

Answered 8 years and 6 months ago by attorney Alan J. Goldberg   |   1 Answer   |  Legal Topics: Real Estate
If you are rent stabilized you are entitled to a renewal lease. If you are not stabilized, your landlord can impose any terms that he desires.
If you are rent stabilized you are entitled to a renewal lease. If you are not stabilized, your landlord can impose any terms that he desires.

I am the buyer in a residential short sale transaction.

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Yes and no.  You can sue for specific performance but the issue is enforcement.  To finish the short sale, the seller needs to sign stuff.  If he is in jail already, enforcing seems hard.  Also, money damages against a short seller are not going to matter either.  You could spend a lot in legal fees, prevent the sale to someone else, and still get nothing.... Read More
Yes and no.  You can sue for specific performance but the issue is enforcement.  To finish the short sale, the seller needs to sign... Read More

Do all 30 day notices have to be given on the 1st of each month?

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
No.  Just 30 days without accepting rent.
No.  Just 30 days without accepting rent.

Who will be my best candidate to help me become the best Entrepreneur I can be?

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
If you are looking for investors this is not the way to do it.
If you are looking for investors this is not the way to do it.

A realtor entered my Apt. with a key that building manager did not give her. I was not home and unaware of the visit

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
How did she get a key.  If from you there is no issue.
How did she get a key.  If from you there is no issue.

Case: court ordered reimbursement of rental security deposit... landlord (real-estate broker) refuses to pay for approximately one year. Options?

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Have the Sheriff levy the building the landlord owns and sell it.
Have the Sheriff levy the building the landlord owns and sell it.

I am a tenant and the property that I live at is being auctioned for back taxes. My contents cannot be sold- right? And how long after do I have to mo

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Your contents cannot be sold.  If you have a lease it must be honored in certain cases.  If month to month, you can be evicted.  You did not post a city, and time for eviction varies greatly by location.
Your contents cannot be sold.  If you have a lease it must be honored in certain cases.  If month to month, you can be evicted.  You... Read More

looking to take over a mortgage from my landlord but unsure what type of lawyer I need

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
A real estate lawyer. 
A real estate lawyer. 

Entering into a land contract, seller addong a promissory note. Is that good or bad?

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Land contracts are basically a scam to avoid mortgage tax.  No buyer should ever do this.  Get title and give a mortgage if Seller is financing you.
Land contracts are basically a scam to avoid mortgage tax.  No buyer should ever do this.  Get title and give a mortgage if Seller is... Read More

I am currently in a rent to own home. There is some serious repairs that need to be done. My landlord refuses to fix them, do i have the right to with

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You cannot just withhold rent.  You can sue to have the repairs done, or make them yourself, and sue for the money.  If you get a judgment you can withhold rent.
You cannot just withhold rent.  You can sue to have the repairs done, or make them yourself, and sue for the money.  If you get a judgment... Read More

When buying a home, for the deed, do you have to request if you want sole survivor ship on the deed, like to know how that process is done?

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
The seller's attorney drafts the deed to your specifications, conveyed by your attorney.
The seller's attorney drafts the deed to your specifications, conveyed by your attorney.

Is it appropriate to get a preliminary, written offer(with amount) to purchase from an interested buyer for the sale of a vacant lot?

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You are correct.  The contract can be subject to certain representations, but the buyer needs to investigate these issues before making a contract.
You are correct.  The contract can be subject to certain representations, but the buyer needs to investigate these issues before making a... Read More

Due to illness and nonpayment of taxes my PA home was sold at judicial tax sale. Buyer only pd taxes due. What is fair offer?

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Fair offer for what?  Your home was sold.
Fair offer for what?  Your home was sold.

Do I have the right of redemption to keep my home in NY, if the FC was not done in 10 years

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
The issue is what happened to the first case.  Was it dismissed or withdrawn.  This is actually a cutting edge issue as many of these old cases come up.  If you have not made any payment since 2007, you have an argument.
The issue is what happened to the first case.  Was it dismissed or withdrawn.  This is actually a cutting edge issue as many of these old... Read More

Can I send my neighbor a letter stating the retaining wall between us is 5" on my side and only 3 1/2 on his. He believes the whole wall is his.

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Real Estate
Yes, but the letter will not move the wall.  You can sue to do it.  Check your survey from when you bought the house and see what your surveyor said.
Yes, but the letter will not move the wall.  You can sue to do it.  Check your survey from when you bought the house and see what your... Read More

Get out of timeshare contract. We bought in Florida

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Timeshares are very hard to get out of.  There are companies that deal with these issues, for a fee.  There is likely no value on resale.
Timeshares are very hard to get out of.  There are companies that deal with these issues, for a fee.  There is likely no value on resale.

My husband and I co-own a home with another couple. Would a deed or title have the exact percentage a house is split?

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
The deed is the document which states the title.  The deed can be changed to reflect the number.  Additionally, you likely want the share between you and your spouse to pass by survivorship as between the two of you.
The deed is the document which states the title.  The deed can be changed to reflect the number.  Additionally, you likely want the share... Read More

What can I do about ex who walked away from mortgage?

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
While you would not owe the mortgage if you did not pay it, you could lose the house if the mortgage is unpaid.  As these kids are his kids, you should go to Family Court and get a child support order that makes him pay the mortgage.
While you would not owe the mortgage if you did not pay it, you could lose the house if the mortgage is unpaid.  As these kids are his kids, you... Read More

NYS Homestead Exemption Question.....

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Market value is the value of the property.  The exemption amount is a flat number.
Market value is the value of the property.  The exemption amount is a flat number.

can my homeowners association purchase land

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
An HOA can own land. 
An HOA can own land. 
Real Estate
New York

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