Lawyers, Answer Questions  & Get Points Log In
New York Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Contracts for New York on
Q: If you sign a real estate contract but tell your lawyer not to send it and they do, is that contract enforceable?

My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

When an attorney acts on a client's behalf, they generally do so as an agent with apparent authority to bind the party for whom they are acting as an agent. However, if the agent (lawyer) acted against your father's directions, your father may have a claim against the lawyer.

View More Answers

2 Answers | Asked in Real Estate Law and Contracts for New York on
Q: If you sign a real estate contract but tell your lawyer not to send it and they do, is that contract enforceable?

My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 22, 2022

Based on your post, the remedy appears to be against the lawyer for sure, however, the contract may be void entirely, depending on the content of the messages and how it was sent.

View More Answers

Q: I live across the street from a developer who used to play nice. You knew what was going to be built 6 months in

advance, I checked the plans that often. Then BOOM, they are bulldozing across the street and I get told one day “that is not an office building across the street they are building—it’s gonna be a hotel!”

WAS ALL OF THAT LEGAL?????

It’s been a few years.

Do Towns... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

Your concern about neighboring development is understandable. However, there is no way to provide a meaningful response to your inquiry based upon the information you have provided.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for New York on
Q: How do i get my name added to a deed. In Orange County NY

I am the administrator of my father's estate. My stepmother who predeceased him took out a mortgage in her name only. I cannot get any information on the loan until i get my name added to the deed. What is the quickest way for me to get this done. This information is needed urgently.

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2022

You may be better off reposting under the "Real Estate" category. I'm sorry your question remains open for two weeks, given the urgency of the matter. It was probably overlooked under the "Government Contracts" heading. Some questions do go unanswered on this forum, but you... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: What to do when a developer failed to shore up and underpin my property during excavation causing damages.

The construction manager assaulted me on the day of the inspection by the corp of engineers who issued a stop work order. This required surgery on my shoulder wrist. They have not replaced the walls since the 2017 occurrence . The kitchen is a freezer in winter and the crack meters have not been... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 20, 2022

The situation you described cannot be adequately addressed by a few words pointing you in the right direction on a resource like Justia. Instead, it would be best to consult and retain an attorney as quickly as possible since recovery for the damages you suffered may be barred by applicable... Read more »

View More Answers

2 Answers | Asked in Real Estate Law for New York on
Q: My son just moved his Nyc condo into an LLC. I want to buy a 49% interest in the LLC. Is Transfer Tax due?
Michael David Siegel
Michael David Siegel
answered on Sep 11, 2022

No. The papers are all at the LLC level.

View More Answers

1 Answer | Asked in Real Estate Law for New York on
Q: Can the property manager of a coop be on the board of directors?
Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 7, 2022

The By-Laws for the Coop should set forth who can serve on the Board

1 Answer | Asked in Real Estate Law for New York on
Q: What do I do?

I had given my tenant a non-renewal letter which I unfortunely did not know had to be 3 month prior to her lease end date. I let her know that I am willing for her to stay the extra 3 months that I did not give prior and she answered with "Please contact my lawyer if you have questions for... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 6, 2022

If the property is owned in your individual name, you are not required to retain counsel but would be foolish not to based upon the circumstances you have described.

1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for New York on
Q: Why decision is not published in Justin? What shall I do to publish decision?

LT-059414-2010

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 4, 2022

Decisions are published on the court’s website. You also can find decisions on the NY Reporr website.

1 Answer | Asked in Real Estate Law for New York on
Q: My house was boarded by Building Depart., I had a water leak. Who should be responsible for this leak ?
Michael David Siegel
Michael David Siegel
answered on Aug 26, 2022

The City will have put a repair lien on your property, which accrues interest at 18%. Pay the lien and fix the building, or the City will sell it to pay the lien, leaving you with nothing.

1 Answer | Asked in Intellectual Property and Real Estate Law for New York on
Q: Hello, My mother died in 1987 and owned two properties prior to death. One in Corning, NY and the other lake property

I have not seen the Will but according to court documents, the property was named the Mourhess Family Trust and my brother was named as the Trustee. Before my mother died (she was in ill health) she sold both properties to my brother for $1 total, without me knowing about it. After she died, my... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 23, 2022

From 1987? No there is nothing you can do.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: In NY can you claim ownership of someone else's property because you have used it for some of period of time?

We have an adjacent neighbor whose driveway has two exit points: at one end onto a main road which is what they are supposed to be using, the other end onto our church parking lot and then onto a side road. Part of the driveway that leads to our parking lot crosses over part of our property. The... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 23, 2022

Yes and no on the ownership. If you write to them and tell them to stop, that cuts off any ownership issues. You can legalize the driveway through your land by doing what it called an easement. It is a recorded document, like a deed, that states that the driveway is for access but subject to... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: If a deed/ mortgage has the husband, wife and wife’s daughter before marriage listed on deed. Is it survivorship

The deed reads the husbands name and wife’s name and wife’s daughters name as the owners. What does ux mean in terms of wife’s ownership. The Deed doesn’t have ux in it. I was asking because I ran in to the term. On the deed/ mortgage itself says John Doe and Jane doe and Mary doe.

Michael David Siegel
Michael David Siegel
answered on Aug 18, 2022

"UX" is an old style abbreviation in Latin for "husband and wife". I would need to see the deed, but it sounds like it is 50% the parents, and 50% the daughter. The parents have survivorship rights between them, but as to the daughter it is tenants in common.

View More Answers

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: I am the remainderman of a life estate. Should I have received any documentation (i.e. deed) after probate is done?

Grandfather passed away a few months ago and gave a life estate to my aunt who lives in the home. She is also the executor of his will. I am a remainderman. Now that probate is complete, should I have received anything that says I own an interest in the home? Or it is simply passed on to me upon my... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 17, 2022

There should be a recorded deed with you as remainderman, and aunt with life estate. Ask the lawyer for a copy, or you need to go to the County Clerk (if Suffolk Co., which is where you posted from).

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Probate for New York on
Q: My Sister in Law and I are Tenants in Common. The house is filled with the personal property of original owner.

This house passed to us immediately upon the death of the Life Tenant - outside if probate. An Executor or Adminstrator has not yet been appointed by the Surrogates Court. The personal property contained within the house must eventually be distributed to the beneficiaries in the former owners will.... Read more »

Jack Mevorach
Jack Mevorach
answered on Aug 9, 2022

I wouldn't. The house should be secured by the fiduciary and then the personal property can be inventoried.

Jack

1 Answer | Asked in Real Estate Law for New York on
Q: Hello, I take my HOA to court for maintenance that is causing damage to the inside of my unit for the second time.

I am scheduled to appear in small claims court August 16, 2022 with the management company because they continue to tell me air coming into my unit from the foundation is my responsibility. After I filed the claim and received a date I discovered water intrusion, notified the management company and... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 9, 2022

Since Small Claims is only authorized to make monetary awards, you may not be able to obtain the proper relief in the case you initiated there. Issues with a Boards obligations to make repairs may require injunctive relief which you can obtain in Supreme Court, where you are best represented by... Read more »

1 Answer | Asked in Probate and Real Estate Law for New York on
Q: I and my Sister in Law are Tenants in Common. House immediately passed to us outside of probate after my mother passed.

I am also awaiting the Surrogates Court appointment as the Voluntary Administrator of her Small Estate (I am the named Executor in her will). Its been two months - courts seem backlogged - and can provide no estimates to this appointment - so I can't distribute property to beneficiaries yet. I... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 9, 2022

If she has joint title with you, she gets equal access. Thus, you cannot prevent her entry. If there are personal items to secure, remove them to another location. Unless the items are titled in some way, no one can ever determine who owns what.

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for New York on
Q: Hi, my family is in the process of being evicted by the main tenant my grandmother she is refusing to sign moms HRA form

Her refusal comes from her lawyer and without that form my mother and brothers health benefits will end my mother is in need of a surgery that can help her with weight loss from and accident and relieve the risk of becoming blind from Papilledema

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 3, 2022

You should consult a lawyer

1 Answer | Asked in Real Estate Law for New York on
Q: A church owns a house in Orange County NY and our Bishop lives there. How can we transfer it to him?
Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 3, 2022

If the church that owns the property is a non-profit, which is extremely likely, the proposed transfer would have to have the approval of the NY Attorney General or the Court.

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... Read more »

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.