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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 3
Do you have any New York Residential Real Estate questions page 3 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

Shared driveway at NYC

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer
It is a shared driveway by deed.  Letting you do it does not increase your rights.  If they change their mind, then they can seek to stop you from doing it.
It is a shared driveway by deed.  Letting you do it does not increase your rights.  If they change their mind, then they can seek to stop... Read More

Does a seller needs to attain a lawyer in New Jersey? How does benifit the buyer?

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer
It depends where the property is located and what the deal is for.
It depends where the property is located and what the deal is for.

How do I go about getting my ex-husband out of my house? The deed and loan are in my name.

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer
Like any other tenant he will need to be evicted in court.  He will claim the mortgage payment is rent.  You will need to send a holdover notice, and refuse the rent in the context of a case.  Nothing you can do now, but your matrimonial attorney should have specified this issue in the decree.  That was a mistake.... Read More
Like any other tenant he will need to be evicted in court.  He will claim the mortgage payment is rent.  You will need to send a holdover... Read More

My dad's aunt passed away, does my dad have some right on her properties?

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   2 Answers
In an estate with no will, kinship is determined by degree.  For a nephew to inherit, there must be no parents, kids, or siblings.  If there are not, your father can petition to be administrator.
In an estate with no will, kinship is determined by degree.  For a nephew to inherit, there must be no parents, kids, or siblings.  If... Read More

if I walked away from a Co-op do I need to keep that address on my tax return

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
If you do not live there it is not your primary residence.  The tax issues need to be worked out with your accountant, but there is something unusual about a co-op taking no action in five years if you are not paying anything or doing anything.
If you do not live there it is not your primary residence.  The tax issues need to be worked out with your accountant, but there is something... Read More

Is a property owners association governed by the same rules as a Home owners Association?

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer
It depends not on your deed, but the ordinance and deed that governs the beach access way.
It depends not on your deed, but the ordinance and deed that governs the beach access way.

my brother and I are power of attorney for our parents. Brother plans on buying house say between them only. I feel that i should be there also

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
The power of attorney form will say if the agents can act alone or only jointly.  Whatever it says is the way it is.
The power of attorney form will say if the agents can act alone or only jointly.  Whatever it says is the way it is.

escros

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
You need to sue the other party, and the escrow agent for the money.
You need to sue the other party, and the escrow agent for the money.

can I built a fense on a common driveway to back of the house garage

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
You cannot fence off an easement. 
You cannot fence off an easement. 

I want to refinance but lender can't find property note how can I legally Pressure bank to find note can I stop paying mortgage until notes produced

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
The original note would never be produced.  You would get a payoff letter at the closing.  Something is not right in what you are doing.
The original note would never be produced.  You would get a payoff letter at the closing.  Something is not right in what you are doing.

What is the statute of limitations for filing suit against a real estate brokerage?

Answered 9 years and 2 months ago by attorney Lori Nevias   |   1 Answer
The statute of limitations for fraud is six years from the time you discover it. Withholding, in lease negotiations, of a material fact that is only in the landlord's knowledge, such as a pre-existing tax increase, is definitely fraud- as is your agent's failure to disclose his relationship with the landlord. Your agent also breached his fiduciary duty to represent your interests in the transaction. You can sue to rescind your lease or for a rent abatement, or withhold rent and wait to be sued, then file a counterclaim against the landlord. However, you won't be able to sue your agent in housing court, so your best bet is to keep paying your rent and start an action against them in Supreme court. ... Read More
The statute of limitations for fraud is six years from the time you discover it. Withholding, in lease negotiations, of a material fact that is only... Read More

A building was built on a portion of my property and I never received any money and I did not sign any papers am I intitle to any money it been 6 year

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
Why would you get money?  Did you order the building?
Why would you get money?  Did you order the building?

Good Afternoon,I have a question concerning the mortgage payment. With each new broker the balance due never reflects the true balance owed

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
Why are you paying a "broker"?  You can bring a lawsuit to have the mortgage marked paid and discharged.
Why are you paying a "broker"?  You can bring a lawsuit to have the mortgage marked paid and discharged.

My neighbor has an illegal garage at the of a driveway , claiming I can't park in front. But my other neighbor park all her 3 cars there .

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
If it is illegal, call your town Buildings Dept. to issue a fine and order to tear it down.
If it is illegal, call your town Buildings Dept. to issue a fine and order to tear it down.

How can you fight allegations and to clear a fine off your account from HOA

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
You can challenge the fine if the cars are not yours.  Why would they think the cars are yours?
You can challenge the fine if the cars are not yours.  Why would they think the cars are yours?

partion Action

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
Mediation is generally not going to work unless there is someone you all trust, like a priest.  I would sue, and be willing to compromise.  A court cannot force her to pay rent or expenses.  Your only legal remedy is to force a sale.  But, you can settle a case by agreeing to a formula to pay.... Read More
Mediation is generally not going to work unless there is someone you all trust, like a priest.  I would sue, and be willing to compromise. ... Read More

pros and cons of buying a house for investment with mother in law and a spouse

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
People do this type of thing.  Just have an agreement on what each person is supposed to do and what they get.
People do this type of thing.  Just have an agreement on what each person is supposed to do and what they get.

Is,there a time limit for making a closing date I have been waiting 3 months for a closing date

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer
If time of closing was not "of the essence" in contract then you must notice a closing, and then you can sue to compel it.
If time of closing was not "of the essence" in contract then you must notice a closing, and then you can sue to compel it.

HI, i purchased a home in my 2 of my daughters name the older one decide to be greedy and want the house for her self what can i do

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
There were better ways of accomplishing what you wanted via a trust, etc., but having done a deed, which is an absolute grant of title, your options are limited.  In reality the claims are for the other daughter to make.  The answer depends on what the deed says.
There were better ways of accomplishing what you wanted via a trust, etc., but having done a deed, which is an absolute grant of title, your options... Read More

How do I pursue a buyer for non-performance?

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
You need to serve a time of essence letter, and then you can bring a suit for keeping the deposit.
You need to serve a time of essence letter, and then you can bring a suit for keeping the deposit.

who in a condo is responsible for a broken heating unit

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
It depends on what is actually broken and what the bylaws say.  If it is a blower in your unit, it could be your responsibility.  Anything inside the wall is the condo responsibility.
It depends on what is actually broken and what the bylaws say.  If it is a blower in your unit, it could be your responsibility.  Anything... Read More

land contract

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
What do you want to happen?  If you want the land, you are going to have to sue.
What do you want to happen?  If you want the land, you are going to have to sue.

What could I do if I realized that I made a mistake and signed papers with a bank that I should not have signed. I am now in debt with them for more

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
It is very hard to repudiate something you signed.  If the bankruptcy was after the signing of the loan, you may have more rights.
It is very hard to repudiate something you signed.  If the bankruptcy was after the signing of the loan, you may have more rights.

Will I lose downpayment for home if I lost job after signing Contract of Sale?

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
While I would have to see the contract to know for sure, you will lose the deposit if you do not close.  No contingencies means your job loss is irrelevant.  These cases often settle for a percentage of the deposit if you cannot close.  If you need to borrow funds to close, but did not do a contingency, that was a mistake.  If you have the cash to close, but just do not want to move, consider whether it is cheaper to close and flip the house.  Talk to your lawyer.  You must have one.... Read More
While I would have to see the contract to know for sure, you will lose the deposit if you do not close.  No contingencies means your job loss is... Read More

i am an listing agent to a property that was successfully closed and the seller refused to pay me at the closing,is that legal?

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
It was not legal not to pay you.  You can sue your client and the current owner, as you have a lien on the property.
It was not legal not to pay you.  You can sue your client and the current owner, as you have a lien on the property.
Residential Real Estate
New York

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