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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 6
Do you have any New York Real Estate questions page 6 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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Recent Legal Answers

Is paying a lawyer 10,000 average for stopping a forcloser?

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It is way too much.  Also, no lawyer can guarantee to stop a foreclosure.
It is way too much.  Also, no lawyer can guarantee to stop a foreclosure.

I need to hire someone to do an eviction for me. I bought a property that has a squatter and he refuses to leave.

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Real Estate
Hire a lanlord/tenant lawyer.  This is a routine matter.  From the livestock comment you appear to be outside my service area -- No livestock in NYC.
Hire a lanlord/tenant lawyer.  This is a routine matter.  From the livestock comment you appear to be outside my service area -- No... Read More

put house for sale. buyer put deposit in escrow. defaulted on contract and backed out of sale. New buyers put deposit. Can't sell

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Real Estate
I do not understand your relationship to the transaction.  There are two people willing to close.  Close with one of them. If you have the second buyer, just return the deposit from the first buyer and close with the second.  What is the issue?
I do not understand your relationship to the transaction.  There are two people willing to close.  Close with one of them. If you have the... Read More

Our family owns two large cemetery properties (recorded deeds) where original owners have passed. How do heirs consolidate ownership/mgmt in NY state?

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It depends if the properties are within a cemetary or are a stand alone property.  If stand alone, you need to pass from estate to estate, and get all to agree to the association.  If within a cemetary, the cemetary corporation will have rules on this.
It depends if the properties are within a cemetary or are a stand alone property.  If stand alone, you need to pass from estate to estate, and... Read More

do I need a lawyer to change name on deed

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It is not legally required, but if you knew how to do it you would not be asking, so I would suggest it.  It is not expensive.
It is not legally required, but if you knew how to do it you would not be asking, so I would suggest it.  It is not expensive.

How can I take my name off a mortgage I got with my ex while we were together. She keeps using this to keep me around but I just want to get off it.

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Are you on the deed?  There is no way the bank will let you out.  You need to sue your ex.  If you are not on the deed, this is harder.
Are you on the deed?  There is no way the bank will let you out.  You need to sue your ex.  If you are not on the deed, this is harder.

Lived in apt for 12 years haven had a lease on it in 8 years ,landlord just gave me verbally a request to leave for renevations in 6 wks. When I

Answered 8 years and 10 months ago by attorney Alan J. Goldberg   |   3 Answers   |  Legal Topics: Real Estate
You do not have to voluntarily vacate unless you are ordered to by a court after trial.
You do not have to voluntarily vacate unless you are ordered to by a court after trial.

What information can a mortgage company share with the Seller's Agent

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
There is no law that prevents these discussions but I do not see the benefit if you do not want to negotiate this point.
There is no law that prevents these discussions but I do not see the benefit if you do not want to negotiate this point.

If a deed is in the name of a church organization. Can a family member of the organization sell the property?

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Real Estate
No.  A religious corporation must do a special type of court proceeding to sell the property.
No.  A religious corporation must do a special type of court proceeding to sell the property.

Problem with roommate who is also on lease.

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Serving liquor to minors is illegal.  You can call the police.  I am unsure what liability you are talking about.
Serving liquor to minors is illegal.  You can call the police.  I am unsure what liability you are talking about.

Is there a way to go around or fight particular rulings of a Coop Board in a Coop apartment building? I know it's vague but please see details.

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
The board cannot "take over" an apartment unless your lease is terminated in a court proceeding.  Whether these issues are grounds for termination depends upon how the rules were imposed. 
The board cannot "take over" an apartment unless your lease is terminated in a court proceeding.  Whether these issues are grounds for... Read More

i rented a vacation rental in 2014 on fire island in new york the landlord and real estate agent took 25,000 from me and then rented the property to

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
The statute of limitations is six years so you are not too late to sue.
The statute of limitations is six years so you are not too late to sue.

security deposit

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You can sue for it.  The contract will govern whether you will win.
You can sue for it.  The contract will govern whether you will win.

need to change names on deed to house..father in law passed away. want to put my name and sister-in-laws

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   4 Answers   |  Legal Topics: Real Estate
Your question is a little incomplete.  Was your father in law the 100% owner.  If so, did he have a will?  These issues control the answer. Only the owner can add names.  It is unclear from this question who that is.
Your question is a little incomplete.  Was your father in law the 100% owner.  If so, did he have a will?  These issues control the... Read More

Broker licence

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It depends what the agreement was upon her leaving.
It depends what the agreement was upon her leaving.

is it possible for a foreign citizen to buy an apartment without coming to US?

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Yes.  Getting a loan is more problematic.
Yes.  Getting a loan is more problematic.

I have a mortgage on a house that is falling apart , probably should be condemned.. all kinds of damage mold etc..i dont want to refinance ..What are

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
If you stop paying you could let the whole thing be foreclosed.  The chance of being sued for the balance due is small.
If you stop paying you could let the whole thing be foreclosed.  The chance of being sued for the balance due is small.

How long does a buyer of a house have to close on a contract?

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Unless the contract has the magic words "time is of the essence" next to the proposed closing date, a buyer has one month beyond the closing date in the contract.
Unless the contract has the magic words "time is of the essence" next to the proposed closing date, a buyer has one month beyond the closing date in... Read More

I bought property from an tax sale auction from the county. I received a tax deed. What do I need to do sell the property.

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Record your deed and proceed as anyone else selling would proceed.  Hire a broker, etc.
Record your deed and proceed as anyone else selling would proceed.  Hire a broker, etc.

Can I file a small claim after 3 years?

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
To answer your question directly, you can sue.  Contracts have a six year statute.  But, it sounds like he might be getting ready to sue you if he did not cash the check.
To answer your question directly, you can sue.  Contracts have a six year statute.  But, it sounds like he might be getting ready to sue... Read More

I am not in contract or anything but i a working with a real estate. i have decided not to sell and to buy my ex out of the house. can I without iss

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You can both use the same lawyer and simply record a deed reflecting the transfer.  There is no transfer tax on a family transfer.
You can both use the same lawyer and simply record a deed reflecting the transfer.  There is no transfer tax on a family transfer.

I bought a home less than a year ago and my basement recently has been flooded with water. What are my rights?

Answered 9 years ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Real Estate
More information is needed in order to determine if you have a case.  You must hire an engineer to do determine the source of the flooding- it could be from an outside source, or it might be a defective sump pump. If you already did and the engineer couldn't determine the source, hire another one. Once you determine the source of the flooding, you'll be able to figure out the cause, and then you'll be able to ascertain the potentially responsible parties. ... Read More
More information is needed in order to determine if you have a case.  You must hire an engineer to do determine the source of the flooding- it... Read More

How can i get bought out of my share of a house?

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You need to bring what is called a "partition action" in Supreme Court, and the court can order the house sold and the proceeds divided.  Often these cases settle, as the parties who do not want to sell can buy out those that do.
You need to bring what is called a "partition action" in Supreme Court, and the court can order the house sold and the proceeds divided.  Often... Read More

I own my home, no mortgage. Took 2 home equity loans out w/ my fiance, now ex, he left. I am co-signer. Can he take his name off? Can he take my home?

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
I am unclear by your post.  Is your fiance the lender, or a bank.  If a bank, you do have a mortgage -- the two lines.  No bank will remove a borrower name.  If your finace is a co-borrower he cannot take your home but the lender can if you do not pay.  Someone needs to look at your papers.... Read More
I am unclear by your post.  Is your fiance the lender, or a bank.  If a bank, you do have a mortgage -- the two lines.  No bank will... Read More

Can i file a form in NY to remove a business civil judgement of my husband (SP) on our properity. My name is only on the mort loan, both on deed.

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It is correct that if there is a judgment against your husband it is a lien on the property he owns.  Thus, this is not an error, which your question implies.  You need to deal with the judgment.  Your husband can file a motion to have it vacated if it was entered on default and you just got notice of it.  If not, then he needs to deal with the judgment.... Read More
It is correct that if there is a judgment against your husband it is a lien on the property he owns.  Thus, this is not an error, which your... Read More
Real Estate
New York

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