New York Residential Real Estate Legal Questions

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162 legal [2, *]questions have been posted about residential 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 real estate, easements, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
New York Residential Real Estate Questions & Legal Answers - Page 5
Do you have any New York Residential Real Estate questions page 5 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 162 previously answered New York Residential Real Estate questions.

Recent Legal Answers

Sell my 1/2 share of an inherited condo?

Answered 12 years and 5 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
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The answer to some degree, will depend on who is in charge of the estate, and at what stage is the estate distribution. You want to address this now, rather than waiting for the deed to be put in both your names- best you consult with qualified counsel now. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer www.upperwestsidelawyer.com... Read Answer
The answer to some degree, will depend on who is in charge of the estate, and at what stage is the estate distribution. You want to address this now,... Read Answer
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You (original buyer) would have a difficult time, including addressing the question of the statute of limitations, in proving that your own lawyer committed legal malpractice, if you occupied the property for years and never addressed this issue until now. Moreover, you would have an even harder burden proving claims against the original seller's attorney. Gerry Wendrovsky, Esq.- Upper West Side Real Estate Lawyer www.upperwestsidelawyer.com... Read Answer
You (original buyer) would have a difficult time, including addressing the question of the statute of limitations, in proving that your own... Read Answer

Items not disclosed prior to home purchse in NYS

Answered 12 years and 5 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
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You should have an attorney examine the contract of sale or other document that led up to the sale. Moreover, as you had the house inspected, said attorney should examine the agreement between you and the 'inspector', who appears to be less than desirable. If there are 'merger' provisions in either agreement, same would bar a lawsuit. The attorney will explain. Lastly, fraud claims can sometimes survive to trial, even if the breach of contract claims fail. Gerry Wendrovsky, Esq.- Upper West Side Real Estate Lawyer www.upperwestsidelawyer.com... Read Answer
You should have an attorney examine the contract of sale or other document that led up to the sale. Moreover, as you had the house inspected,... Read Answer

Apartment sold with no heating system inside; Real estate misrepresentation issue on part of Management Company

Answered 12 years and 9 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
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How a coop apartment could be sold without heating defies the imagination. That being said, what you do now depends on a number of factors. There is no question that you should consult with counsel, who will want to look at the offering plan, the proprietary lease, and other documents. This is not something that you can do yourself. There are a number of scenarios to examine, including fraud. Gerry Wendrovsky, Esq.- Upper West Side real Estate Lawyer www.upperwestsidelawyer.com... Read Answer
How a coop apartment could be sold without heating defies the imagination. That being said, what you do now depends on a number of factors. There is... Read Answer

I want to force the sale of property I am 1/4 owner in Nassau NY

Answered 12 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
You need to bring an action for partition and sale.  You can hire a lawyer anywhere in NY, but the case will be in the county where the property is located.
You need to bring an action for partition and sale.  You can hire a lawyer anywhere in NY, but the case will be in the county where the property... Read Answer
The deed is irrelevant.  You need to look at what the certificate of occupancy says.  That is the only document that determines if the building is a one, two or three family dwelling.
The deed is irrelevant.  You need to look at what the certificate of occupancy says.  That is the only document that determines if the... Read Answer

What if seller does not allow buyer to start inspection?

Answered 12 years and 10 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
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Why would you go forward on a deal if the seller refuses access for an inspection? I am hoping that you have not paid any money to anyone, and have not signed any document that obligates you to go forward. If you do not have a lawyer yet, hire one immediately! Gerry Wendrovsky, Esq.- Upper West Side Real Estate Lawyer www.upperwestsidelawyer.com  ... Read Answer
Why would you go forward on a deal if the seller refuses access for an inspection? I am hoping that you have not paid any money to anyone, and have... Read Answer

What rights do we have with an easement/deeded right of way?

Answered 12 years and 10 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
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The question requires information as to the identity of these people, and their relationship, if any, to the property owners upon whose property the road runs, and who are obligated to grant you unhindered rights to your use of the easement. Having litigated as part of a substantial real estate matter, this very issue, how you proceed can have a significant effect on your future access to your own landlocked property. This can become a delicate issue and this information should be gathered, and then you should consult with a qualified attorney to discuss how to address these people and their interference with your easement. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com  ... Read Answer
The question requires information as to the identity of these people, and their relationship, if any, to the property owners upon whose property the... Read Answer

Is it legal to evict a tenant due to a stove fire?

Answered 12 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes.  But you still have to go to court.
Yes.  But you still have to go to court.
It depends on the value of the house, and the value of the rest of the estate.  They will not need to pay tax now.
It depends on the value of the house, and the value of the rest of the estate.  They will not need to pay tax now.
I do not fully understand your question.  Who owns the home, you or your father in law?  You are mixing up this issue.  If you are saying that the title is not in your name, but you have the mortgage and should own the home, then you need to sue your father in law to have the title changed to reflect this intent.  If your father in law cooperates with you, suit can be avoided.  You must do this ASAP because if he owns it and sells it to a regular third party, you are going to be out of luck.... Read Answer
I do not fully understand your question.  Who owns the home, you or your father in law?  You are mixing up this issue.  If you are... Read Answer
This may be a problem.  Your attorney needs to ask to void the deal, and you should agree to return the deposit and pay any fees the buyer incurred, like inspections, etc.
This may be a problem.  Your attorney needs to ask to void the deal, and you should agree to return the deposit and pay any fees the buyer... Read Answer
You can try anything, but generally short sales are as is.
You can try anything, but generally short sales are as is.
No.  Any sale, not just a short sale, is "as-is" under the usual New York practice, unless a matter was specifically preserved in the contract at closing.  I am sure your issue was not preserved.
No.  Any sale, not just a short sale, is "as-is" under the usual New York practice, unless a matter was specifically preserved in the contract... Read Answer
No.  The report ususally says that damages are limited to the cost of the report.
No.  The report ususally says that damages are limited to the cost of the report.
You need to respond.  Sounds like this can be resolved easily, but you need to answer so you do not default, and cause problems.
You need to respond.  Sounds like this can be resolved easily, but you need to answer so you do not default, and cause problems.
There is no reason a seller would pay for an appraisal.  You are right to question this.
There is no reason a seller would pay for an appraisal.  You are right to question this.
You need to sue for it.  There is no other way.
You need to sue for it.  There is no other way.
It is not legal, but it did keep the transfer tax low.  However, it does not impact your real estate tax.  It is not right, as the seller pays the transfer tax.  At this point, if you do nothing, nothing will happen.  If you start in, you might wind up owing the tax, and have a claim against the lawyer or seller, but no way to collect it. ... Read Answer
It is not legal, but it did keep the transfer tax low.  However, it does not impact your real estate tax.  It is not right, as the... Read Answer
This is very basic real estate law, and if your attorney does not know the answer, you need a new attorney.  You need to send a time of the essence letter to set a closing.  If there is none, you keep the deposit and re-list the property.  This is Real Estate Law 101.
This is very basic real estate law, and if your attorney does not know the answer, you need a new attorney.  You need to send a time of the... Read Answer
No.  You have no rights.  If this issue mattered to you, you were supposed to check it out.
No.  You have no rights.  If this issue mattered to you, you were supposed to check it out.

Adding name to active apartment lease

Answered 13 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes.  It requires a housing court proceeding, if the landlord will not consent.  I am assuming it is rent controlled.
Yes.  It requires a housing court proceeding, if the landlord will not consent.  I am assuming it is rent controlled.
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A case to do what? Most real estate contracts are to sell/purchase the property "as is". You should have had a person inspect the property to determine if there were any defects. Check the sales contract.  
A case to do what? Most real estate contracts are to sell/purchase the property "as is". You should have had a person inspect the property to... Read Answer

What is a short sale does the bank have to accept it?

Answered 13 years and 4 months ago by attorney Robert C. Dubno   |   1 Answer
A short sale is a sale where the property is being sole for less than the  mortgagee (the bank) is owed. The contract must specify that the contract is conditioned on the bank's approval of the short sale. The bank absolutely has the right to deny the short sale. If they approve it, you will, typically, be relieved of the obligation to pay any deficiency. Be prepared, short sale approvals can take months. ... Read Answer
A short sale is a sale where the property is being sole for less than the  mortgagee (the bank) is owed. The contract must specify that the... Read Answer
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It depends on your contract. There should be a bail out clause in the contract meaning if there is substantial damage to the home, you should get notice and have a certain amount of time to cancel the agreement. Additionally, there should be a mortgage contingency clause which allows you to bail out if a bank will not give you a mortgage. Be careful about time limitations.  ... Read Answer
It depends on your contract. There should be a bail out clause in the contract meaning if there is substantial damage to the home, you should get... Read Answer