I have an easement on my neighbor’s property to access the water and install a dock. My neighbor allows people to launch their boats on his property resulting in a constant flow of traffic. Is my neighbor liable if someone gets hurt on our easement or if our property in the water (dock,boat) is... View More 
answered on Nov 11, 2023
A boat owner who is injured (and their guests) could name both property owners and try to connect both to any kind of claim. In terms of actual liability arising from negligence on the part of the property owners, that would need to be sorted out on a fact-specific basis. A court could recognize... View More
my mother died from coronavirus i had to sell the house in order to pay back a reverse mortgage. The real estate agent asked for the key
so he could show the house i returned to the house to retrieve my belongings everything was thrown away i had no chance of recovering any of my items
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answered on Nov 12, 2023
An agent cannot authorize demolition or disposal of property inside a house without explicit permission from the owner or legal authority. If your property was demolished or your belongings disposed of without your consent, this could be a serious breach of professional duties and possibly a legal... View More
I have a class e felony conviction in the state of Ohio from 15 years ago. The judge ordered a restoration of all rights, and sealed/expunged my record after serving probation. I want to obtain my NYS Real Estate license, and it is an automatic disqualification if convicted of a felony, but do I... View More
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answered on Nov 4, 2023
When applying for a New York State Real Estate License, you are required to disclose all prior convictions, even if they have been sealed or expunged.
New York State does not recognize the expungement or sealing of convictions from other states in the same way. It's important to... View More
Iown my mobil home and pay lot rent, water and sewer bill to the property owner. I had a water main line break under my mobil home on 10/17/2023. I called and put in an emergency maintance request via their answering service. I as well as neighbors and the fire department tried to reach the... View More
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answered on Nov 4, 2023
If you own your mobile home and are renting the lot, the responsibility for repairs can depend on the terms of your lease agreement. Generally, the landlord is responsible for maintaining essential services like water. If there's a delay in repairs that makes your home uninhabitable, you may... View More
I paid mtg fir last 2 1/2 years. I give money each week for hOuse expenses. She doesn’t work sbd hasn’t worked in over 2 years since Covid
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answered on Nov 4, 2023
If you have been paying the mortgage and house expenses for a property that is not in your name, you may have some options to recover those funds, depending on the circumstances surrounding the payments. New York courts may recognize contributions toward the mortgage as creating a type of implied... View More
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
answered on Oct 20, 2023
To be enforceable a promise to do something must be supported by a corresponding promise by the other party (e.g. I promise to do A if you promise to do B)--this is often referred to as consideration. So it is unclear whether the promise to pay an amount of money to your wife's mother is... View More
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
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answered on Nov 5, 2023
The enforceability of the letter you're referring to hinges on a few key legal principles. In New York, contracts related to real estate transactions typically need to comply with the Statute of Frauds, meaning they must be in writing and signed by the party to be charged.
While an... View More
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
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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... View More
I purchased a property under an llc. Unbeknownst to me the deed was fraudulent. I signed the deed back to the real owner. I did some repairs until I found out the deed was fraudulent. The real owner is now suing my llc and me personally for treble damages done to the property. Can they go after me... View More
answered on Oct 19, 2023
There are circumstances in which the owner of an LLC could have personal liability... particularly if it is alleged there was fraud. If you have been sued, you should immediately retain legal counsel as there are time limits to responding to litigation or a default judgment may be taken against... View More
I purchased a property under an llc. Unbeknownst to me the deed was fraudulent. I signed the deed back to the real owner. I did some repairs until I found out the deed was fraudulent. The real owner is now suing my llc and me personally for treble damages done to the property. Can they go after me... View More
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answered on Nov 5, 2023
Typically, forming an LLC provides its members with protection against personal liability for the business's debts or legal issues. However, there are instances where a court may allow plaintiffs to "pierce the corporate veil," holding owners, members, or managers personally liable... View More
I attempted a civil lawsuit but the Court dismissed it saying the Court lacks subject matter Jurisdiction to hear an action and I must use mandatory arbitration.
answered on Oct 17, 2023
It looks like your remedies are governed by a mandatory arbitration clause. The organization named in the by-laws should have information in terms of filing fees, paperwork, etc. Large arbitration organizations, such as the American Arbitration Association, have online resources. Good luck
I attempted a civil lawsuit but the Court dismissed it saying the Court lacks subject matter Jurisdiction to hear an action and I must use mandatory arbitration.
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answered on Nov 5, 2023
To initiate an arbitration action against your condominium building, you should first review your condominium association's bylaws and any relevant contracts to identify the specific arbitration procedure that you are required to follow. These documents often outline the process for initiating... View More
My mother entered a contract to purchase a home. In the document she signed, it states very plainly that closing must be on or before September 22, 2023. My mother was told possession would occur at closing.
The owner of the property was not ready to close on or before September 22nd,... View More
answered on Oct 15, 2023
Your mother should have had an attorney since the contract likely required that closing be on or about September 22, 2023, and if the Seller could not do so, the Purchaser, your mother, had to make a TOE demand to force a closing. But as matters developed, your mother likely breached the contract.... View More
My mother entered a contract to purchase a home. In the document she signed, it states very plainly that closing must be on or before September 22, 2023. My mother was told possession would occur at closing.
The owner of the property was not ready to close on or before September 22nd,... View More
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answered on Nov 5, 2023
If the contract explicitly stated that closing had to occur on or before September 22, 2023, and the seller failed to close by that date without your mother's consent for an extension, then the seller may have breached the contract.
Your mother's subsequent withdrawal of her... View More
My mother entered a contract to purchase a home. In the document she signed, it states very plainly that closing must be on or before September 22, 2023. My mother was told possession would occur at closing.
The owner of the property was not ready to close on or before September 22nd,... View More
answered on Oct 16, 2023
I agree with Mr Smollens. It appears from your question that time was not originally made of the essence in the contract (since you said the seller’s attorney “filed time of the essence”), and accordingly their not closing on the date may not have been a breach if you did not provide the... View More
I was interested in a house that came on the market for $230K. After viewing, I made an offer. A few days went by and my agent said the seller had a better offer, so I offered more than the alleged other buyer offered. Again, I was contacted and told the other buyer had topped my offer. I again had... View More
answered on Oct 6, 2023
Off hand, I am unaware of a specific prohibition of such unethical conduct. If one obtains proof or a pattern of this conduct unique to that agent, then complaint may be filed with the NYS Dept. of State which licenses real estate brokers and agents and they may investigate. However, a hunch is... View More
I was interested in a house that came on the market for $230K. After viewing, I made an offer. A few days went by and my agent said the seller had a better offer, so I offered more than the alleged other buyer offered. Again, I was contacted and told the other buyer had topped my offer. I again had... View More
answered on Oct 6, 2023
Lying to pump up a selling price is criminal fraud, and the broker will lose a license. But usually, it is not a good claim to make after you established as a matter of law a 'meeting of the minds' when you accepted the proposed selling price. It is a bit late to question the purchase... View More
Another party and I drafted a simple sublease agreement for commercial office space. We reviewed all terms and made adjustments. We signed the document and the other party is now wanting to amend terms after sharing it with their attorney. Am I obligated?
answered on Oct 3, 2023
Since the sublease is signed by you and the tenant, that is a done deal. How you deal with the new demand is a business decision. Happy subtenant or unhappy subtenant? A subtenant who walks away? Your subtenant has an attorney. You should as well.
It's paid for and I pay the taxes.. Please advise, in detail. Thank you.
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answered on Sep 22, 2023
In most cases in New York City, if you own a house, you also own the land it's on, known as "fee simple" ownership. However, there are exceptions, like land leases in some co-op buildings, where you might not own the land. If you're paying property taxes and have a standard... View More
When my mother died in 2019, I unwittingly inherited a $100K Wells Fargo home equity loan from 2011 that it's my understanding was never paid back, either by her or by my late father. She had been claiming to pay off the loan using my SSI funds, and only in 2022 did I find out that was not... View More
answered on Sep 19, 2023
While an estate can owe funds for debt of a decedent which can be deducted from the distribution of their assets, you would not be liable on a loan you did not sign (in other words, you cannot “inherit” a loan). You can, however, inherit real estate and that real estate may be encumbered by a... View More
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