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Questions Answered by Anthony Armando Nozzolillo
4 Answers | Asked in Real Estate Law for New York on
Q: I live in NY State. I have a question regarding the legality of a letter/document.

My wife and I own a home together in Orange County NY. Many years back, my wife under duress wrote a letter stating that upon the sale of our home, her mother would receive 1/3 of the profit from said sale. Is this letter legal. It was written as an email and only signed by my wife. The document... View More

Anthony Armando Nozzolillo
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answered on Oct 20, 2023

Greetings:

The rebuttal presumption would be that if her mother was to receive 1/3 of the profits from the sale of the home, her mother would have been added to the deed as a 1/3 owner; this did not occur.

In the alternative...(and courts typically do NOT incorporate ancillary...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I can’t get my squatter brother out of the house that I have the right to sell, I have an eviction lawyer, on case three

Years. need directions on what I need to do or say to the lawyer to move this case on just need help.

Anthony Armando Nozzolillo
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answered on Jan 18, 2023

Greetings:

In light of COVID-19s impact on Tenant Eviction, coupled with New York State's affinity towards Tenants, I would suggest the following:

Offer your brother money to "surrender" posession. Offer an amount **inclusive of relocation fees, storage fees, future...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I'm renting an apartment in Long Island. Lease legal Question

My lease contains a clause stating that the tenant and landlord waive all rights to jury by trial. What does this mean?

Anthony Armando Nozzolillo
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answered on Jul 16, 2023

Greetings

That provision means that if there is ever a dispute, resolution must occur before a judge or arbitrator. You cannot seek a trial by jury; neither can the Landlord.

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1 Answer | Asked in Real Estate Law for New York on
Q: Does an item in an Offering plan remain in effect forever? Can it be changed or eliminated? If so, how is this done?

Our offering plan for a condominium contains a line item in the budget for basic cable service. This was in 1988. How would the association revise or eliminate this item? The fee charged by the cable service is a line item in our current budget. The contract with the Cable Company is for all... View More

Anthony Armando Nozzolillo
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answered on Aug 2, 2022

Greetings:

Any by-law to a Condominium Offering Plan can be amended by the Board of Managers unanimously voting to pass an AMENDMENT to any particular provision in the existing by-laws.

Speak with any Board Member in this regard to proceed in having this accomplished.

1 Answer | Asked in Real Estate Law for New York on
Q: Is it legal for a landlord (who is a real estate agent) to request a brokers fee for their own property?

New York State-> Nassau County NOT NYC

Apartment was found by me via Facebook as person posted an apartment was available (no other details). I reached out in a message and communicated with who I assumed was the broker for the property. Went to view the apartment and while in... View More

Anthony Armando Nozzolillo
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answered on Oct 22, 2021

Greetings:

The Real Estate Industry is a highly regulated industry. Unless this Landlord is a duly licensed New York State Real Estate Broker (you should ask to see credentials), she is prohibited from charging, earning , or a receiving a "broker fee". She is entitled to first...
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2 Answers | Asked in Real Estate Law for New York on
Q: who pay for agent mistakes?

i closed on a property in October 2020? one of the contract clause is that the seller will pay the DOB violation. The title company was supposed to pay for the DOB violation from the proceed as agreed. However, i discover the fund was returned to the seller as a "mistake". how i am... View More

Anthony Armando Nozzolillo
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answered on Apr 2, 2021

Greetings: You should advise the attorney who represented you at closing as to what transpired; have he/she correspond with the Title Company and have them review the "ESCROW AGREEMENT" you signed at closing with respect to this violation.

Best of luck.

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2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: I want to cancel my attorney and real estate deal prior to a contract signing.

Please cancel question.

Anthony Armando Nozzolillo
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answered on Mar 25, 2021

Greetings:

The short answers are:

1. You can always terminate an attorney client relationship; at anytime;

2. Pursuant to the Statute of Frauds, any binding arrangement regarding real property must be memorialized in writing to be legally enforceable.

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1 Answer | Asked in Real Estate Law for New York on
Q: Can I sue a management company for wrongful charges after the sale of a coop apartment in NYC?

I have a brain injury, and live on a disability injury settlement. there was a person at the management company who tried to overcharge me every month, and would send me insults in their monthly statements (I saved all the emails). when I sold the apartment, they told me they can stop the sale if I... View More

Anthony Armando Nozzolillo
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answered on Mar 14, 2021

Greetings:

If indeed there was this impropriety as you describe, you would certainly have grounds to sue.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: Hi my grandmother is the only survivor of her siblings and parents. How can we find out how much land pertains to her?

Currently some family members have built houses on the land. We would like to find out how much land she would currently have? We like to built on the land as well. Not sure where to start? Or how much this would all cost. We have asked some family members but no one seems to know anything. Thank... View More

Anthony Armando Nozzolillo
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answered on Mar 13, 2021

Greetings:

You would need to ascertain who is the vested owner of the property by having a "last deed search" run. Once you are in receipt of the deed, this will reflect who is the "of record" owner of the property. If it is discovered that the land is currently owned by...
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1 Answer | Asked in Real Estate Law for New York on
Q: What happens in a seller stays past the date they were supposed to leave?

We are in the process of closing on a house. The seller would like to stay 7 days past the closing and pay for it. With Covid 19 what happens if she refuses to move out after the 7 days? Could we get stuck with her as a tenant and not be paid for her stay?

Anthony Armando Nozzolillo
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answered on Mar 11, 2021

Greetings:

What you are referring to is called "post posession". This does NOT create a landlord/tenant relationship..whereby if the Seller stays beyond the 7 days...(their attorney should be holding money in escrow as an incentive for you to allow the post possession)..you will...
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