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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 4
Do you have any New York Residential Real Estate questions page 4 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

Can you put up a wooden fence, blocking the view of the community driveway?

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
If the fence is on their property, and there are no deed restrictions or homeowners association rules, then yes.
If the fence is on their property, and there are no deed restrictions or homeowners association rules, then yes.

i need a lawyer

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
There is a special body of law dealing with tenants owned by bankrupt landlords.  In short, if you have no lease, you are like any other month to month tenant.  The trustee must go through the eviction process like anyone else.  However, if you paid rent to the landlord, then I do not understand the demand for $57,000.  You need to deal with the trustee and see if a deal can be made.... Read More
There is a special body of law dealing with tenants owned by bankrupt landlords.  In short, if you have no lease, you are like any other month... Read More

What are the laws concerning existing fences and property lines?

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
If the fence is on their property, they can demolish it and replace it.  Your mom does not have to pay anything.
If the fence is on their property, they can demolish it and replace it.  Your mom does not have to pay anything.

i recieved an letter of auction of the house im renting

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
You may have been scammed, and been paying someone who was not the owner.  Is the owner's name on the notice the same as the landlord on your lease?  You may be evicted if your lease is a fraud.  Call the Suffolk County DA to report this.  The sale will just change owners.  The new owner will have to evict you.  Thus, even in the worst case, you have several more weeks to find something else, if you have to.... Read More
You may have been scammed, and been paying someone who was not the owner.  Is the owner's name on the notice the same as the landlord on your... Read More

IM RENTED HOUSE FOR 4 YEARS. DEPOSIT RTURNED. NO INTEREST ON SAME. IT WAS 3000.00

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
There is no requirement that there be a particular amount of interest.  As simple savings would have given less than $100 in interest in this time, it is technically wrong, but not worth pursuing.
There is no requirement that there be a particular amount of interest.  As simple savings would have given less than $100 in interest in this... Read More

Just bought a home in Amherst NY and there is mold in all the walls!

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
Look at your contract for your rights.  If the usual form was used, this is an "as is" sale, and you should have had the property inspected before entering into the contract.  You probably have no claim against the Seller.
Look at your contract for your rights.  If the usual form was used, this is an "as is" sale, and you should have had the property inspected... Read More

Neighbors tree is ruining my rooftop! I've talked to him about it for a couple years! I can't afford to cute it down. Who's responsible?

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
He is responsible.  You can cut any part over the property line yourself.  If there is damage you can claim on your insurance, and they will get money back from his.
He is responsible.  You can cut any part over the property line yourself.  If there is damage you can claim on your insurance, and they... Read More

Water Damage Claim

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
He needs to make a written claim to management, and end it with a threat to sue.  The owner's insurance should cover this, but there needs to be a claim.
He needs to make a written claim to management, and end it with a threat to sue.  The owner's insurance should cover this, but there needs to be... Read More

If I own the property and my brother moved out , while doing so he stole the porch and left all his garbage can I hire someone to clean and repair it.

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes, but to be safe, write him first and give him a few days to take care of it.
Yes, but to be safe, write him first and give him a few days to take care of it.

Do I have to assume a existing mortgage on a home that I purchused

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
To keep the home you are going to have to pay the mortgage.  HAMP requires that it be a primary residence.  So, the mortgage must be in your name to complete the process.  If you are paying it, what difference does it make if it is in your name?
To keep the home you are going to have to pay the mortgage.  HAMP requires that it be a primary residence.  So, the mortgage must be in... Read More

Do I have recourse if my NYC realtor lied regarding condition of property sold to me.

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer
No.  Her lawyer screwed up.  The contract should have covered these issues, and the mechanicals should have been inspected if these were her responsibility.  The contract, if the form was used, placed the burden on your aunt and made the sale as is.
No.  Her lawyer screwed up.  The contract should have covered these issues, and the mechanicals should have been inspected if these were... Read More

My homeowners insurance co won't finish paying for my claim even though they acknowledged the claim. 2 winters with no heat! No one will help me!

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
You are right.  You need to bring a coverage lawsuit against the insurance company.  If the matter is large enough, there are firms that do this on contingency.  Otherwise, you will need to pay a lawyer yourself.    I hope you had an adjuster at the time to prove the damages and the cause.... Read More
You are right.  You need to bring a coverage lawsuit against the insurance company.  If the matter is large enough, there are firms that do... Read More

Tree fell on a car next door neighbor refuses to give information for insurance any property damage lawyers in New York state

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
I do not understand the question.  Report it to your insurance and your insurance will track down the other insurance.
I do not understand the question.  Report it to your insurance and your insurance will track down the other insurance.

I have to change real estate attorney a week before closing

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
No problem.  This happens all the time.  Hire a new attorney and fire the old one.  You might have to pay the old attorney something, however.
No problem.  This happens all the time.  Hire a new attorney and fire the old one.  You might have to pay the old attorney something,... Read More

Predatory Lending

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
If you are current in payment, then there is nothing you can do.  I am not sure what you want to do.  If possible, try to refinance.  Rates are very low now.  If you are in default, you can get a modification of terms if you meet certain guidelines.  Speak to the bank about your options.... Read More
If you are current in payment, then there is nothing you can do.  I am not sure what you want to do.  If possible, try to refinance. ... Read More

Late fee charges on rent

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
The landlord does not have to adjust the lease to wait for you to get a check. 
The landlord does not have to adjust the lease to wait for you to get a check. 

When filing a UCC 3 lien termination, do i have to use the lawyer who filed the UCC 1 initially

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
If this is a county clerk UCC filing, there is a fee and time required.  You cannot sign for the bank to terminate its alleged lien.  Call the bank directly and see if they can do it in house as the first filing was clearly in error.
If this is a county clerk UCC filing, there is a fee and time required.  You cannot sign for the bank to terminate its alleged lien.  Call... Read More

same sex housing issues

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
Most people who sell want the highest price.  While in apartment rentals management can sometimes discriminate to maintain a certain character of the building, it does not happen in home sales where the person is moving out anyway.  I do not think this is the issue.
Most people who sell want the highest price.  While in apartment rentals management can sometimes discriminate to maintain a certain character... Read More

change name of house without my presence

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
A deed can be signed wherever you are, and then recorded.  This is not an issue.
A deed can be signed wherever you are, and then recorded.  This is not an issue.

how would i know if there is a easement on my property?

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
It is possible.  Go to the county clerk and see what is recorded.
It is possible.  Go to the county clerk and see what is recorded.

How can I fight a condo development that is proposed to be built on my street?

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
If the zoning allows it, you can't.  If a variance is being sought, you will be notified and can appear at the hearing.  In truth, this is hard to do.
If the zoning allows it, you can't.  If a variance is being sought, you will be notified and can appear at the hearing.  In truth, this is... Read More

how to convey the co op share to my son

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer
This will depend on your co-op.  Check with the managing agent and see if your son needs credit approval, etc. to do this.  There are other ways of accomplishing the same thing via trusts, etc.
This will depend on your co-op.  Check with the managing agent and see if your son needs credit approval, etc. to do this.  There are other... Read More

regarding rental property

Answered 9 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer
Not only is it legal, it is a good idea, and done all the time.
Not only is it legal, it is a good idea, and done all the time.

The buyer of my coop signed the contract, payed down payment, met the board, delays going further says is "under medical care monitored for strokes".

Answered 11 years and 3 months ago by Adam J Berkey (Unclaimed Profile)   |   1 Answer
Hi Neil, Generally speaking, a closing may be adjourned for a reasonable time, which is interpretted in most instances as 30 days.   I would recommend having an attorney draft a "time of the essence" letter to move the process along.  Feel free to contact me if you would like to discuss this further.  Regards, Adam ajb@gdblaw.com... Read More
Hi Neil, Generally speaking, a closing may be adjourned for a reasonable time, which is interpretted in most instances as 30 days.   I would... Read More

How do I stop my neighbor's visitor from blocking me and my tenants' garage everyday?

Answered 12 years and 4 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
Very simply, there are two options. First, file a criminal trespassing complaint at the police precinct- I am sure you have photos of her and her car. Second, start a lawsuit for civil trespass. As a landlord, if you are leasing the garages and therefore, their driveways, your tenants must have reasonable access to same. You must take all necessary and reasonable measures to prevent the crazy person from usurping your (and tenants') rights. Gerry Wendrovsky, Esq.- Upper West Side Litigation Lawyer www.upperwestsidelawyer.com... Read More
Very simply, there are two options. First, file a criminal trespassing complaint at the police precinct- I am sure you have photos of her and her... Read More
Residential Real Estate
New York

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