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2 Answers | Asked in Real Estate Law for New York on
Q: My ex boyfriend and I are co-owners of a house. The new agreement says I have sole & exclusive residency of the property

Do I have to let him in the house when he shows up?

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answered on Jan 31, 2024

There are many "layers" to your question. First, you say "new agreement" -- does the agreement handle this issue. More importantly, do you intend to separate the ownership by doing a "buyout" of his interest. Do you have any legal restraints upon his presence in... View More

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4 Answers | Asked in Real Estate Law and Legal Malpractice for New York on
Q: Real Estate Closing, NY Is it legal for my lawyer to hire a lawyer to represent me at closing, without my permission?

I was charged for the outside lawyer to represent me at the closing.

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answered on Sep 1, 2023

It has been my experience that if you have a "retainer" agreement with the attorney, such agreement often includes language that says that the attorney might associate themselves with others to help you complete your matter. Often real estate closings occur without retainer agreements... View More

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4 Answers | Asked in Contracts, Real Estate Law, Tax Law and Business Formation for New York on
Q: Hi, I've put my apartment on Airbnb and curious how I should split the profit with my boyfriend.

I got the apartment(lease) by my self and lived there for a year by myself, I put down deposit, I paid a guarantor fee every month, decorated and bought all the furniture, I am doing all the daily maintenance of the Airbnb account and finding cleaner, photograper etc. My boyfriend moved in a year... View More

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answered on Feb 28, 2023

Your question raises some questions. Is your BF on the Lease? I am not sure how you obtained a Lease without a SSN, so I am not sure why that matters now. Also, does your landlord, municipality, and building permit short term rentals like AirBnB? Why is he entitled to any "profit."... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: what deed form do I file in the state of NY?

My father passed away November of 2023 in the State of New York, Cayuga County. He left no will. He owned a small parcel of land. I am the only next of kin. I went to court and obtained the letters of administration and went to the clerks office. They told me that I had to file a deed form but... View More

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answered on Feb 22, 2024

I would recommend working with a title company to file a deed. If you would like assistance, hire a local real estate attorney or give me a call and I can work with you to get it done.

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3 Answers | Asked in Real Estate Law for New York on
Q: I have a purchase agreement now owner wants me to sign a rental agreement I plan to sue for breach of contract

By signing rental agreement will this hurt my court case for breach of contract

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answered on Feb 8, 2024

Your question is not detailed enough to make a decision and give legal advice. The real estate purchase agreement may have provisions which address this. There are pro's and con's of your course of action. You should consult with a local real estate attorney/litigator because you may... View More

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2 Answers | Asked in Elder Law, Real Estate Law and Family Law for New York on
Q: How do you go about pursuing elder abuse without the elders agreeing?

My sister is taking financial advantage of my parents. My parents know enough to agree she is but do not want to pursue legal ramifications . My concern is they will not have enough money to live out their years. Most recently my dad was removed from the deed of his second home while in the icu... View More

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answered on Apr 3, 2023

Sounds like you should pursue guardianship litigation, or get a power of attorney from your parents and then sue.

If your parents are letting your sister do it, you may have no grounds though

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4 Answers | Asked in Real Estate Law for New York on
Q: Can a seller accept a 2nd purchase offer after signing and accepting mine in NY state?

I submitted a offer on a house. The seller countered and I accepted. The seller's agent then called my agent stating there was an escalation offer at ask and could we offer seller a little more. I offered $10,000 more. The seller accepted and signed the paperwork, which is sitting at... View More

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answered on Jul 22, 2020

It's a very hot market, maybe change your terms to some extent. Offer all "Cash" perhaps?

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3 Answers | Asked in Real Estate Law for New York on
Q: my grandparents who are now both deceased the house is foreclosed. auction no one brought. can I call the bank?

the house went up for auction twice but didn't sell. can I call the bank and attempt to get the mortgage reinstated ?

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answered on Jul 9, 2020

If you qualify for a mortgage, you can buy the house like any other person. It's not clear from your question whether the auction was after a Judgment of Foreclosure. You might want to do some investigation into the status of the foreclosure. The bottom line is that the foreclosing bank... View More

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2 Answers | Asked in Divorce and Real Estate Law for New York on
Q: Can I force refinance of mortgage, without divorce decree?

Divorced, haven’t lived in home for 4 years. Ex promised she would refinance, she hasn’t and won’t, mortgage company states that an assumption of mortgage cannot be done. There is no divorce decree, everything was settled privately, I took her at her word that she’d refinance . I want my... View More

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answered on Nov 18, 2019

I don't do matrimonial law, but I don't understand how you could be "divorced" without a Judgment of Divorce and Decree that adjudicates the sale of the house. You should be enforcing your rights through the divorce decree. Go to the attorneys and start an action to enforce the agreement.

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1 Answer | Asked in Real Estate Law for New York on
Q: closing was cancelled due to condition of house

now im getting a big bill for charges acrrued due to searches in regards to title transfer.tax ,title ,minicipal and judgement. i have lost everything and have become a single unemployed mother because of this real estate thing and can not pay any more for a house that i did not buy

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answered on Jan 15, 2019

I am sorry your deal did not occur. Although it is difficult to tell from your post, it sounds as though you were the "buyer" of real property in New York. As your attorney likely told you, New York is a caveat emptor (buyer beware) state. That means, between you, your inspectors,... View More

2 Answers | Asked in Real Estate Law for New York on
Q: What happens if you buy or sell a property and the bathroom count is different than what is listed?

Say there are supposed to be 1.5 bathrooms but instead there are 2? What will happen when the bank appraises it for a mortgage?

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answered on Jan 9, 2019

In my view, the issue is not what the bank thinks, but whether there is a Certificate of Occupancy or other governmental approval for the bathroom "improvement." You should check with the building department of the local municipality to be sure that there are sufficient C/Os for the... View More

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3 Answers | Asked in Contracts, Civil Litigation and Small Claims for New York on
Q: I’m sued for leaving a bad review on Better Business Bureau for bad customer service
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answered on Jan 9, 2019

You should hire a lawyer to defend you from any such litigation (you say you are "sued"). You should not default in any litigation.

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3 Answers | Asked in Real Estate Law for New York on
Q: My sister bought me out of my share of our parents house with a personal mortgage to me before she passed away.

Her children refuse to honor a mortgage debt of 70,000 to me. What can I do? The mortgage was recorded.

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answered on Oct 30, 2017

Assuming that the mortgage was properly executed, you can foreclose on the Mortgage and you can also likely make a claim to the Estate for the Purchase Money Note that was likely signed at the the time.

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4 Answers | Asked in Real Estate Law for New York on
Q: What are the laws regarding webcams and "reasonable expectation of privacy". A neighbor wants my nature cam moved.

I live on a lake and have a webcam in my window that shows my yard and the lake. It also shows mine and my neighbors dock. The docks extend out to the water from the two lots. Cam can be viewed on my website 24/7. My neighbors have asked me to move the camera when they are home on the weekends... View More

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answered on Jun 21, 2017

There are two layers to this question, the legal and the practical. From a legal perspective, I am unaware of any rule, regulation, or other law that prohibits your camera's view. From a practical point of view, do you really want to pick this fight with your neighbors? We all have to... View More

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3 Answers | Asked in Business Law, Contracts, Landlord - Tenant and Small Claims for New York on
Q: Does owning and renting out a home in New York State constitute doing business in New York State?

Small claims court will only take cases in which both parties live or do business in that town. Can a tenant sue in small claims court a landlord living in NJ but owning a house in a town in NYS?

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answered on Jun 20, 2017

I would check with the Town Justice Court, but my guess is that if you list the address of the house (owner) and the address in NJ, you will get the case started, and the Landlord will appear

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3 Answers | Asked in Real Estate Law for New York on
Q: If an licensed inspector inspects a home finds nothing wrong can the buyers still submit bill for repairs after closing?
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answered on Jun 8, 2017

Don't understand the question. If the house "closed" it closed, and the buyers would be fixing it themselves.

If the contract called for certain repairs, then the Seller would be paying.

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1 Answer | Asked in Legal Malpractice for New York on
Q: Where can I find bar discipline records?
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answered on Jun 2, 2017

Pretty much only in reported cases from the Appellate Division.

2 Answers | Asked in Real Estate Law for New York on
Q: I have a very low income & would like to know what is cost to file a partition for neglect & non entry to property.

Mother & aunt are 50/50 owners & aunt keeps denying us & potential buyers to inspect. Have been trying to sell property for past 3 years. We have not been able to see inside for 10 years now. We would like her to comply or buy out my mother's half of value of premises.

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answered on Jan 5, 2017

You may file a "Partition Action," to force a judicial sale. That often results in negotiations.

Peter

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3 Answers | Asked in Real Estate Law for New York on
Q: If my father passed away and just his name on the deed are me and my brother entitled to the house if step mom sells it?

My father passed away and left everything to my step mom thinking she would help my brother and I but she totally ignores us and is planning on giving everything to her children. I've recently been contacted by a lawyer asking my to sign a paper so she can sell the brownstone in brooklyn I... View More

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answered on Dec 2, 2016

You are likely being asked to consent to probate of the will, or if no will, to the administration. If the will actually left everything to the step mom, and there are no grounds to contest the execution or validity of the will, then you likely will have no right to share in the proceeds of the... View More

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1 Answer | Asked in Legal Malpractice for New York on
Q: My lawyer stopped returning my phone calls and I don't even know if she's handling my case anymore. What are my options?
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answered on Dec 2, 2016

You should send a written letter to her demanding a copy of your file, and you should pick up a copy of your file

If she doesn't respond in a reasonable time, you may file a complaint with the local Disciplinary Committee.

Give her the benefit of the doubt and call a few more times.

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