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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 8
Do you have any New York Real Estate questions page 8 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

looking to pursue a lawsuit against a seller. I made a offer and property was sold to a contractor/ realtor for less than what i offered

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
An offer is not a contract.  You have no case.
An offer is not a contract.  You have no case.

can I sue my neighbor for running his refrigerated tractor trailer on a residentially zoned property?

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
While you technically can sue, your damages are speculative, and therefore hard to collect.  A better route would be the town public safety department, as this likely violates ordinances in town.
While you technically can sue, your damages are speculative, and therefore hard to collect.  A better route would be the town public safety... Read More

I've been in a bankruptcy case for years; and chose to keep paying my mortgage.Last month my mortgage is with a different place. What are my rights?

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Servicers change all the time.  I am not sure what is "fishy" about that.  Call the old place and see if the new place is a true assignee.
Servicers change all the time.  I am not sure what is "fishy" about that.  Call the old place and see if the new place is a true assignee.

tenant notified me in person onJan 1 that they bought a house and will be out by the end of Feb. the lease is signed through June 30, what are my righ

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You can take the security and sue them for the balance after they leave.
You can take the security and sue them for the balance after they leave.

Landlord Locked us out with written notice

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Call the police.  A lockout is not legal in some places and is on others.  If the police will not help, you are going to have to bring a suit for the stuff in landlord/tenant court.
Call the police.  A lockout is not legal in some places and is on others.  If the police will not help, you are going to have to bring a... Read More

can Condo Maintenance Fees be changed after you buy it

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Absolutely. Costs go up, so will common charges.
Absolutely. Costs go up, so will common charges.

Can I bring a fraud lawsuit against a Real Estate Broker after 4 years?

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It is not too late.  $500 is small claims.
It is not too late.  $500 is small claims.

Neighbor refuses to respect my property line (parking area) after a surveyor laid out the points. Touches my car on sitting within my property lines.

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It really is an HOA issue.  The letter was the right first step.  The next option is a lawsuit, but it will be expensive and you cannot get money damages.
It really is an HOA issue.  The letter was the right first step.  The next option is a lawsuit, but it will be expensive and you cannot get... Read More

Do i have to give my landlord access to my apt when im not home?

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Your rights are governed by your lease.  How can access only be through your apartment.  While it may be more expensive, has anyone ever heard of a ladder or scaffold.
Your rights are governed by your lease.  How can access only be through your apartment.  While it may be more expensive, has anyone ever... Read More

Legality of Election?

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
The mail in process is not legal unless a proxy is given to members present.  Failure to pay the water bill would be a basis for a lawsuit.  It is not a class action, but a regular suit against the Board of Managers.
The mail in process is not legal unless a proxy is given to members present.  Failure to pay the water bill would be a basis for a... Read More

i judge give me a house" that was on the demo order on it

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
If you had a deed but did not record it and/or act to take care of the property, the demo order would be proper.
If you had a deed but did not record it and/or act to take care of the property, the demo order would be proper.

Rent increase in a buidling

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Real Estate
It depends on your lease and whether there is any rent control or stabilization.
It depends on your lease and whether there is any rent control or stabilization.

Do i need to disclose to the buyer of my home if work was done without permits and the town thinks I have less bedrooms and bathrooms?

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
As the form contract requires you to represent all work was done with permits, you need to not only disclose it, you need to amend the contract form.  If I represented the buyer, I would be very concerned about this.  You should legalize your home.
As the form contract requires you to represent all work was done with permits, you need to not only disclose it, you need to amend the contract... Read More

Is it possible to terminate my lease with no penalty, and be refunded the money I paid for the mobile home?

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
If you terminate the lease, you are going to be sued.  You have a counterclaim for the money you want.  I am unsure of how you will prove the defects you allege, but that will govern the matter.
If you terminate the lease, you are going to be sued.  You have a counterclaim for the money you want.  I am unsure of how you will prove... Read More

legally how long does a landlord have to kepp tenantsa property once tenant has moved?

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Have the property valued.  Take photos.  You have a landlord's lien for storage.  At some point, the lien exceeds the value, and you can dump it.
Have the property valued.  Take photos.  You have a landlord's lien for storage.  At some point, the lien exceeds the value, and you... Read More

Are antique pipe fittings a fixture or a chattel?

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Pipe fittings are a fixture.  I cannot opine on other "artifacts".
Pipe fittings are a fixture.  I cannot opine on other "artifacts".

a rent a studio for about 5 years landlord wants increase 390 for a year too much for what to do/

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Unless it is rent controlled or stabilized, you are going to have to move or pay more.
Unless it is rent controlled or stabilized, you are going to have to move or pay more.

Loan Modification-Balloon Payment

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Yes.  It is part of the principle balance but you are paying no interest on that part of the balance.  That is how this kind of modification works.
Yes.  It is part of the principle balance but you are paying no interest on that part of the balance.  That is how this kind of... Read More

Can our sublessor charge us more than the landlord charges her if she is month to month?

Answered 9 years and 6 months ago by Thomas Sheldon Fleishell (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
It depends whether the apartment is rent-stabilized or not.  There is various criteria for being suject to rent stabilization, one of which is that the building must have 6 or more separate apartments.
It depends whether the apartment is rent-stabilized or not.  There is various criteria for being suject to rent stabilization, one of which is... Read More

International real estate\banking

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Why can't the buyer pay by a wire to you here?  There is no USA rule that prevents that from happening.  If there is an Ecuador law, then that is different.  If a bank in Ecuador has a field office in NYC, ask them.
Why can't the buyer pay by a wire to you here?  There is no USA rule that prevents that from happening.  If there is an Ecuador law, then... Read More

Our apartment is burned down. What are my rights as a tenant?

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Itemize your damages and send the landlord a certified letter asking for payment.  He can give this to his insurance company and you may get something. If you get nothing, you can use your letter as the basis for a lawsuit. 
Itemize your damages and send the landlord a certified letter asking for payment.  He can give this to his insurance company and you may get... Read More

my bf and i have a 7 year old child in common. He left us in June 2015 for a girl 22 years younger than him. The house is in his name , I have paid th

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
I am not sure what you want to happen.  However, you need to get a child support order ASAP if you do not have one.  Go to the local family court in your county and see a pro se clerk on how to apply.  Then, you can seek support for payment of the house.
I am not sure what you want to happen.  However, you need to get a child support order ASAP if you do not have one.  Go to the local family... Read More

Mortgage contingency clause in Westchester Couny. NY

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
There is no rule.  Sometimes people like an "all cash" deal where there is no contingency, and sometimes they will let you have one.  The form for residential sales provides for both, and you strike the one you do not use.  Thus, your real estate agent is wrong, but you cannot force a seller to take a contingency.  Thus, move on.  As a compromise, if you have a pre-approval now, you could show that and see if they will give the contingency.... Read More
There is no rule.  Sometimes people like an "all cash" deal where there is no contingency, and sometimes they will let you have one.  The... Read More

I recently settled a non-payment case in NYC housing court, is that settlement the same as an eviction?

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
I am unclear what happened.  If you paid the stipulation amount, then your lease is good and you are not in default.  There is kind of a credit reporting service that major landlords use to identify problem tenants, so if you move, your name may come up as a respondent in a case, but if your credit report has no payment problems, it is not an issue.  Eviction means thrown out by court order.... Read More
I am unclear what happened.  If you paid the stipulation amount, then your lease is good and you are not in default.  There is kind of a... Read More

Property buy-out...

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You must use a Puerto Rican lawyer.  Property disputes are solely of the jurisdiction in which property is located.
You must use a Puerto Rican lawyer.  Property disputes are solely of the jurisdiction in which property is located.
Real Estate
New York

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