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New York Residential Real Estate Legal Questions

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162 legal 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 2
Do you have any New York Residential Real Estate questions page 2 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.
Residential Real Estate
New York

Recent Legal Answers

Property maintenance responsibility

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   2 Answers
Unless there is an agreement specifying who pays what, both parties have the obligation to pay the whole.  Only a court can adjudicate a division.  Holding joint title to an income producing property without an agreement is a guaranteed problem.
Unless there is an agreement specifying who pays what, both parties have the obligation to pay the whole.  Only a court can adjudicate a... Read More

can I pay my own taxes and insurance if I have a modification loan ?

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
Sometimes they will let you.  It depends on how much equity exists, and the terms of your loan.  Call customer service and ask.
Sometimes they will let you.  It depends on how much equity exists, and the terms of your loan.  Call customer service and ask.

Any laws that protect homeowners from prior owner code violations?

Answered 8 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
The title search and policy should have uncovered these issues.  You may have a title insurance claim, and you should make one.  Your lawyer should have reviewed these searches from the title company.  There is no claim against the prior owner unless it was reserved at closing.... Read More
The title search and policy should have uncovered these issues.  You may have a title insurance claim, and you should make one.  Your... Read More

Can we ask seller who breached contract to pay all legal fees and expenses if buyer wins the case?

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   2 Answers
It depends on what your contract says.  Ultimately, you may need to bring a specific performance action.  You can ask for fees but may not get them.
It depends on what your contract says.  Ultimately, you may need to bring a specific performance action.  You can ask for fees but may not... Read More

We are splitting up - I want to sell the condo, she refuses to sell - what are my options?

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
There is only one option -- a partition action in NYS Supreme Court.  While most cases settle for an agreed buyout or sale, ultimately the court will sell the property and divide the proceeds.
There is only one option -- a partition action in NYS Supreme Court.  While most cases settle for an agreed buyout or sale, ultimately the court... Read More

Selling house NYS

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
Title insurance is something the buyer chooses to get and pay for.  I am not sure why the company requires you to have an attorney, but it sounds like there are issues that you do not understand.  If you want to do the sale, you are going to have to deal with these issues.
Title insurance is something the buyer chooses to get and pay for.  I am not sure why the company requires you to have an attorney, but it... Read More

when the seller wants to close after contract date, can buyer get down payment back for breach of contract? Is it necessary to give 2 weeks notice?

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
Unless the contract says a closing date is "of the essence", then the closing date can be 30 days after the stated date.  Only after that time can you notice a default.  But, you still need to sue, as the seller is holding your money.
Unless the contract says a closing date is "of the essence", then the closing date can be 30 days after the stated date.  Only after that time... Read More

Adverse Possession

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
You would not have a case for adverse possession, but you would have a case for an easement.  Different legal concept, but you can continue your use.
You would not have a case for adverse possession, but you would have a case for an easement.  Different legal concept, but you can continue your... Read More

who is responsible for transfer taxes?

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
In a foreclosure, the buyer pays the transfer taxes.  However, there are no taxes to record a referee deed, just the fee.
In a foreclosure, the buyer pays the transfer taxes.  However, there are no taxes to record a referee deed, just the fee.

How can I remove names from a deed/title?

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
You cannot sign away someone else's interest.  Only a person can remove their own name.
You cannot sign away someone else's interest.  Only a person can remove their own name.

what is a mechanics lien

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
A lien filed by a contractor for work on real property that is not paid for in the amount to be paid.  It is a statutory lien.
A lien filed by a contractor for work on real property that is not paid for in the amount to be paid.  It is a statutory lien.

If someone makes capital improvement on your property without you objecting,does this person have any claim to property?

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
They can place what is called a mechanics lien, which operates like a mortgage.
They can place what is called a mechanics lien, which operates like a mortgage.

its a 3 family condo condo #2 added a room does he have it to change the condo booklet for the room ? does the common area share have to change b

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
It depends on the bylaws and offering plan.  Likely the answer is yes.
It depends on the bylaws and offering plan.  Likely the answer is yes.

I have squatters that have been in my home for more then 30 days. Is it true that they can break back in if I lock them out?

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
You cannot lock out anyone.  Even squatters have to be evicted in the court by order.  A lockout, even of a squatter, can subject you to criminal liability.
You cannot lock out anyone.  Even squatters have to be evicted in the court by order.  A lockout, even of a squatter, can subject you to... Read More

I would just like to know what a middle-of-the-road real estate attorney might charge for handling a defaulted on contract. Been in court forever

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   2 Answers
Unfortunately, given the amount, it is a Supreme Court matter.  I would charge hourly and the cost turns on the work required.
Unfortunately, given the amount, it is a Supreme Court matter.  I would charge hourly and the cost turns on the work required.

if i don' t pay my mortgage and walk away

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
In theory, yes, but practically these cases are not generally pursued. However, the debt will appear on your credit.
In theory, yes, but practically these cases are not generally pursued. However, the debt will appear on your credit.

I moved into a roach infested 'luxury' apartment at $3600 monthly. What is my remedy. I have a 1 year lease. THey have been exterminating every week

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Ask the landlord for early termination.  If you do not get it, make sure you document the issue.  They may sue you, but probably not.  If they do it is your first case.
Ask the landlord for early termination.  If you do not get it, make sure you document the issue.  They may sue you, but probably not. ... Read More

i am in the end atages of doing a short sale on my property, i am the borrower and my brother is the xo borrower. we was told that my brother has

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
The title company will usually take an affidavit for this.  Something is weird if they want more.  If you do not have a lawyer, get one.  The lawyer will be paid by the bank.
The title company will usually take an affidavit for this.  Something is weird if they want more.  If you do not have a lawyer, get... Read More

renting out my condo for 4 months

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
Call a broker.  This is an issue brokers will know.
Call a broker.  This is an issue brokers will know.

How much does it cost for a co-op real estate lawyer

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   2 Answers
To do a closing I charge $1500, but some charge more and some charge less.
To do a closing I charge $1500, but some charge more and some charge less.

How much does it cost the seller for a closing of a home in the Bronx, New York

Answered 8 years and 11 months ago by attorney Lori Nevias   |   1 Answer
Real estate lawyers generally charge between  $1000 - $2000 (I charge closer to $1000) for a residential closing, depending on the sale price of the house and whether there are any special or particularly time consuming elements to the trasaction.
Real estate lawyers generally charge between  $1000 - $2000 (I charge closer to $1000) for a residential closing, depending on the sale price of... Read More

could i get land taken from me after i had property for 9 years?

Answered 8 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
Make a claim to your title insurance.  The title company will have insured the survey you had done.  No survey equals big problem.  Do this ASAP.
Make a claim to your title insurance.  The title company will have insured the survey you had done.  No survey equals big problem.  Do... Read More

I live out of state and have property in Brooklyn rented to section 8 tenants, they have not paid their portion of rent for this month what are my op

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer
You need to start an eviction.
You need to start an eviction.

Our co-op Board artificially inflates sales prices:, last year I challenged them on this. they hate me. Now we are trying to sell.

Answered 9 years ago by attorney Lori Nevias   |   1 Answer
The decisions of a co-op board will generally not be subject to scrutiny if they are made as good faith business decisions. However, if they are made in a malicious or discriminatory way, not only the board but individual board members can also be held liable for the same. So in answer to your question, the board cannot reject your very qualified buyer unless there is a good reason. As a shareholder you have a right to know what goes on in board meetings by going to the management company's office and requesting to review the minutes. If you find that there is a pattern of wasting the co-op's money by settling frivolous lawsuits or continuing to employ a super who is a dangerous criminal (you didn't say if you feel he is dangerous or not), you can bring this up to the board or at a shareholder's meeting, and challenge the board in the next (what should be annual) election.... Read More
The decisions of a co-op board will generally not be subject to scrutiny if they are made as good faith business decisions. However, if they are made... Read More

i have a termination of lease eff. 4/28. can i be put out without going to court? what can be done to stop this or slow it down. yonkers, ny westch

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer
No one can be put out of a residential lease without a court order.  Thus, you can slow it down.  Not a lot, but a little.
No one can be put out of a residential lease without a court order.  Thus, you can slow it down.  Not a lot, but a little.
Residential Real Estate
New York

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