Questions Answered by Michael David Siegel
Q: What rights does a homebuyer have when an offer/binder is accepted based on promises that the seller stated he would do?
New York does not recognize binders. There is no contract, so there is no deal. Any side can walk away.
Q: Life estate deed holder living in nursing home, can tenants in common sell house?
Answered on Oct 17, 2017
Q: Can a joint tenant (mother) sell share of 3 family house to another joint tenant (son) for $0.00 in 2014 legal?
I see nothing wrong here. A joint tenant can transfer their share to anyone unless some document prevents it. You are not a party to the deal so what is it to you?
Q: Aunt has not probated gmoms Will. It's been 10 years. My mom was a beneficiary, has since passed. Who gets moms part?
Where is the will, and how do you know it exists or what it says? You and your siblings, if any, get your mom's share. You need to petition the Surrogate, but the form depends upon the current status.
Q: If a house is sold during a lease does the new owner have to honor the lease?
No. Unless the lease is recorded. However, there are anti-eviction rules that prevent the new owner from evicting the tenant even if the lease is technically not in effect. It is complicated.
Q: I just reviewed my rental lease agreement and at the top it states 13 months but below it the ending date is wrong.
Errors in drafting are subject to court construction, unless you have a writing amending or confirming this point. Try to get that.
Q: I have a lease throught my boss whom has a lease on a horse farm with a house. I rent the house from my boss.
You are a subtenant. Your lease is subject to the lease of the main tenant. Thus, whether you can stay is governed by both documents. If there is an inconsistency, i.e. you get 90 days notice and your boss only gets 30, then you may have a claim against your boss, as sublandlord, but you do not have a right in the land.
Q: I need to find out if my mother's estate has been finalized in Surrogates Court. Her executor will not tell me. Thanks.
Go to the Surrogate's Court and review the file. If no final accounting was done, you can make a petition to require it.
Q: If I put a deposit on a condo in nyc and then decide not to buy, can I get the deposit back?
The contract governs. If you have the standard contract the answer is no.
Q: NYC Landmarks Preservation Commission, Title 63, April 24,1990,
A historic district and a landmarked building are not the same thing. A building can be landmarked without being in a historic district.
Q: Ch7 Bankruptcy-Did not reffirm mortgage. Can I walk away?
It was discharged only two months ago? And you rebuilt your credit since then. Must be a typo. The foreclosure will be on your credit report. You can walk away as you are correct about the debt only being on the house.
Q: After signing a lease, discovered apt was misrepresented (size, health and safety issues). Is this basis to break lease?
Answered on Oct 5, 2017
Negotiate the best deal you can. You have little legal ground to stand on. You can only be liable for the time the apartment is unrented.
Q: Can a newly formed Corporation be assessed penalties for an old Corporation that was dissolved by proclamation?
You do not owe this money. They will not come after a new corporation.
Q: Can I bring my ex-wife to court for not aiding me in a loan mod after she abandoned our marital residence?
Answered on Oct 5, 2017
You need to make a motion in the matrimonial court to amend the decree. However, I would just let it go.
Q: Ancillary Probate: In NYS, an estate was settled in 2012. In 2017 ancillary probate was done. Who pays legal fees?
Funds should have been reserved. The beneficiary of this property can ultimately be required to pay. But it would take a proceeding.
Q: After an estate is settled, is it too late to challenge an accounting or file a complaint about the commission charged?
When you say "settled" if there was a final accounting approved by the court, you are too late. If there was none, and the fiduciary was not discharged by an order, then it is still "open" and you can bring such a claim. Your view of the law is correct.
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