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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 9
Do you have any New York Real Estate questions page 9 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

What are the term and limits to be reelected to be board members?

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
This issue is fully controlled by the bylaws of the HOA.
This issue is fully controlled by the bylaws of the HOA.

How much notice do I have to give my landlord when moving?

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
If you have no lease you do not have to give any notice.
If you have no lease you do not have to give any notice.

LOOKING FOR A LAWYER THAT IS KNOWLEDGEABLE IN SHORT SALES AT A REASONABLE PRICE.

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
In short sales, the bank allows a carve out from the proceeds of sale for the lawyer fees.  You should not pay anything out of pocket.  Any lawyer telling you differently is not right.  The process is like a regular sale.  Get a broker experienced in short sales.
In short sales, the bank allows a carve out from the proceeds of sale for the lawyer fees.  You should not pay anything out of pocket.  Any... Read More

Real Estate Question...

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
In theory yes, but it rarely happens that way.
In theory yes, but it rarely happens that way.

Can a visitor of my apartment sue me for leaving belongings behind?

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Probably not.  However, anyone can sue anyone for anything.  That does not mean they win.
Probably not.  However, anyone can sue anyone for anything.  That does not mean they win.

should I remove my name from new home loan

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
As long as the deed stays in your name, the loan does not have to be joint.  Do not give up title.
As long as the deed stays in your name, the loan does not have to be joint.  Do not give up title.

document removing name from NYC property deed notarized w/o signer present still valid?

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You have dug yourself into quite a hole signing things.  Digging yourself out will take time and money.  However, you could sue your ex, and claim an interest in the condo, and see what happens.  If your case is strong enough, it might get a settlement, if not a win.  The duress argument is likely a loser.  The notary argument is better.... Read More
You have dug yourself into quite a hole signing things.  Digging yourself out will take time and money.  However, you could sue your ex,... Read More

I sublease this apt from a friend that promise when the lease is up she will put me on the lease , so I argreed now she wants to give it up , what can

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Call the landlord directly and work something out.  You cannot be forced out without a court case, so the landlord might be willing to deal with you privately than go to court.
Call the landlord directly and work something out.  You cannot be forced out without a court case, so the landlord might be willing to deal with... Read More

how to exit a timeshare contract?

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Document your concerns in a letter to the timeshare company and mail it certified or some way to confirm delivery.  Call the consumer fraud unit of the attorney general.  In truth, you are going to have a hard time getting out of this.  If it appears on your credit, you are going to have to protest the entry, with the same information in your letter.  Timeshares are a scam, and basically never a good investment.... Read More
Document your concerns in a letter to the timeshare company and mail it certified or some way to confirm delivery.  Call the consumer fraud unit... Read More

IN NYS if a father leaves a daughter $50,000 after a closing on his condo- how can taxes be avoided for the daughter?

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It depends whether the payment was made at the closing, by giving her social security number to the bank writing checks, or by you after the closing.  If by you, then no.  She should not have to pay taxes, as this was a gift.
It depends whether the payment was made at the closing, by giving her social security number to the bank writing checks, or by you after the... Read More

Prorated Rent Vs. Full Months Rent

Answered 9 years and 9 months ago by Maria Patrizia Zucaro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Usually a full month's rent is due; however, more information is needed to give a better answer.  For instance, is there a lease? Where in NY is the APT? 
Usually a full month's rent is due; however, more information is needed to give a better answer.  For instance, is there a lease? Where in NY is... Read More

Does the landlord have the right to increase the rent for a lease assignment

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It depends on the terms of the lease.  There is no standard rule.  Is the issue $1200?  Why would someone take a lease for 2 months.
It depends on the terms of the lease.  There is no standard rule.  Is the issue $1200?  Why would someone take a lease for 2 months.

I have just inherited a home that i would like to sell. so i need a real estate attorney or an elder law attorney

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You actually need a probate attorney.  This is a common problem, and easy to resolve.
You actually need a probate attorney.  This is a common problem, and easy to resolve.

Evading sales tax when transferring properties

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
There is no sales tax on realty.  Transfer and sales taxes on an FL sale are FL issues.  There could be income tax consequences in NY, but if there is a loss, then there is no income to tax.
There is no sales tax on realty.  Transfer and sales taxes on an FL sale are FL issues.  There could be income tax consequences in NY, but... Read More

i need help with a real estate issue against the state of new york

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
I am not sure what the issue or holdup is, but should be easy to resolve if you have a written and accepted offer.
I am not sure what the issue or holdup is, but should be easy to resolve if you have a written and accepted offer.

Do I have to buy directly from realtor seller and not use my realtor?

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
By contacting realators and then trying to go around them, you have created commission issues for the seller.  No one should sign anything before seeing the house, but if you want it, the contract would have to protect you from claims for commissions from these people after closing.
By contacting realators and then trying to go around them, you have created commission issues for the seller.  No one should sign anything... Read More

Signed contract to sell Cancun timeshare.Broker said had buyer. Supplied them with "refundable" retainer. have not heard back from them.

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Sounds like you were scammed.  Report it to the Attorney General consumer fraud unit.  Not likely to get any money back.
Sounds like you were scammed.  Report it to the Attorney General consumer fraud unit.  Not likely to get any money back.

how do i go about locatng the laywer who is holding fund in escrow

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
I need more information. If it is from a real estate closing call the title company who issued your title policy.
I need more information. If it is from a real estate closing call the title company who issued your title policy.

Do I have any recourse against my attorney for not performing in a diligent and timely manner on a real estate transaction?

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Yes.  You can change lawyers and claim for the fee you paid already.  As your post is way too general, it is unclear what the issue is specifically.
Yes.  You can change lawyers and claim for the fee you paid already.  As your post is way too general, it is unclear what the issue is... Read More

Can a landlord (where there is only one apartment, not a building shut off your heat and gas if you don't pay rent?

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
No.  It is called a constructive eviction and is illegal.  Call the police.
No.  It is called a constructive eviction and is illegal.  Call the police.

rasing rent

Answered 9 years and 10 months ago by attorney Alan J. Goldberg   |   1 Answer   |  Legal Topics: Real Estate
IfIt appears that yo9u do not have a lease and you are not rent regulated. Your sister can raise your rent to any amount she desires.
IfIt appears that yo9u do not have a lease and you are not rent regulated. Your sister can raise your rent to any amount she desires.

How can I destroy JTWROS in NY

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Obviously, the deed idea was bad estate planning for you.  Unfortunately, your sister is going to have to sign a new deed, or there is nothing you can do.
Obviously, the deed idea was bad estate planning for you.  Unfortunately, your sister is going to have to sign a new deed, or there is nothing... Read More

How Does a Will Work Pertaining to Real Estate?

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
If the house was titled in your name and his, as spouses, then you succeeded to full ownership by operation of law, and the will would not matter.  Does not seem like there is a claim based on your postings.
If the house was titled in your name and his, as spouses, then you succeeded to full ownership by operation of law, and the will would not... Read More

Can the Landloard get his money back?

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
A 16 year old cannot sign a contract.  Anything he signed is voidable.
A 16 year old cannot sign a contract.  Anything he signed is voidable.

brother & I named on home deed, bro took out home equity loan, died - bank own home?

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Unless there is something weird about what you signed, and I would have to see it to know, the usual form does not reliquish title, but merely allows one owner to get the proceeds of the equity line, even though you both own the property.  I think you definitely have a right in the home, and if there is equity after payment of the loan, you should move to deal with the property.  The money for you will disappear if the property falls into disrepair and if the balance on the loan continues to grow.  I am unclear if your mother still has rights here.... Read More
Unless there is something weird about what you signed, and I would have to see it to know, the usual form does not reliquish title, but merely allows... Read More
Real Estate
New York

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