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Questions Answered by Peter Klose
Q: Can I sue my landlord for unresolved mold and plumbing issues in my apartment since 2019?
I have been dealing with unresolved issues in my apartment since 2019, including mold, plumbing problems, and rental breakdown. Despite reaching out to my landlord numerous times, these issues remain unresolved. I have also contacted Code Enforcement multiple times and have all the notices... View More 
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Peter Klose
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answered on May 16, 2025
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answered on May 16, 2025
The answer to this question is tricky. Are you speaking about simply the "conditions" of the space, or personal injuries suffered as a result of those conditions. If you are speaking about personal injuries, you should certainly contact an attorney to investigate the causal connection... View More
Q: Legal ramifications of buying a house with unit classification discrepancies in NY.
I am considering buying a house presented as a three-family property. The seller provided a deed and tax classification confirming it as a three-family home. However, my inspection showed it's actually two apartments with a basement, which is currently rented out. I found no permits for work... View More
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Peter Klose
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answered on Feb 25, 2025
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answered on Feb 25, 2025
The answer to that question is 100% dependent upon the building and zoning law of the municipality in which the home is located. Sounds like there is a potential building and zoning violation which might be revealed in the course of the closing or thereafter. You would be well advised to go to... View More
Q: I’m being told as I am listed on the estate and have papers from the court im intitled in my mother’s inheritance that i
I am told after all is said and done out of the $75;000 dad settled for from my birth mothers lawsuit, he claims he gets %50 then half of the remainder balance and because after the lawyer and bills are payied the two children will not
Get anything he himself will get $30;000 at the end... View More
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Peter Klose
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answered on Jan 22, 2025
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answered on Jan 22, 2025
It is hard to tell from your description of the facts, but it sounds as though your mother died without a will. If that is the case, then inheritance is governed by the Estates Powers and Trust Law § 4-1.1 Descent and distribution of a decedent's estate, which provides, "The property... View More
Q: My mother passed in 2021, she had left the house to me and my 3 children. There is about two years of unpaid property
And school taxes that are behind, the house is still caught in probate court and i cannot make a payment plan since it isnt in my name, and i cannot afford to pay it all upfront. How do i stop the house from going into foreclosure?
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Peter Klose
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answered on Dec 11, 2024
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answered on Dec 11, 2024
First of all, don't panic. I am not sure where the property or the probate court are located, but as a sole practitioner, I see this many times a year. Find a small law local firm to probate the will or administer the estate. Nothing is going to move quickly. Gather up all of the... View More
Q: i have a question about tree line cutting.
Ilooked upcase law in new york Holser v
geerlott 2021 . I hired a guy to cut the trees down and i recieved $1630 dollars for the logs. Now my neighbor had a new survey done and the one stake does not match were my stakes were.I have 7trees then that were cut just over on his line. now... View More
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Peter Klose
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answered on Apr 17, 2024
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answered on Apr 17, 2024
Crazy that you should ask this question right now as a I prepare to go to a full jury trial for the removal of brush on a lot. Google RPAPL 861. The problem is that sometimes you can be liable for trespass, treble damages and punitive damages, depending upon the allegations and proof. You... View More
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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Peter Klose
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answered on Jan 31, 2024
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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
Q: What liabilities exist when assuming a $67,000 solar loan in a house purchase?
I am in the process of purchasing a house, and the seller is encouraging me to assume a $67,000 solar loan. I am concerned about potential liabilities that might come with assuming this loan. Are there specific risks or legal obligations that I should be aware of? How can I protect myself in this... View More
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Peter Klose
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answered on Jun 3, 2025
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answered on Jun 3, 2025
This is a complex answer. You should thoroughly investigate the loan and contract for the equipment with your real estate attorney.
Q: Does a notarized but unfixed separation agreement allow my husband to sell our NY house alone?
My husband and I own a house in New York state, and both of our names are on the deed. I signed a separation agreement that was notarized but not finalized in court. The agreement states that he will receive 100% of the profit from the sale of the house. However, the agreement does not mention... View More
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Peter Klose
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answered on Feb 24, 2025
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answered on Feb 24, 2025
Generally speaking you would need to sign a deed to transfer the real property, HOWEVER, you need to review and consult with an attorney to determine whether you might have given up some interest or power of attorney in the agreement.
Q: Hello - This is a life estate question for Upstate New York. See below for more info.
Hello - In upstate New York, my uncle was given a life estate for the house he was living in. He has since moved out, allowed the house to fall into disrepair, and refuses to pay the taxes on the property or homeowners insurance which he was supposed to be doing. Does this invalidate his life... View More
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Peter Klose
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answered on Dec 1, 2024
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answered on Dec 1, 2024
Life estate deeds can be amended and terminated, but the process is not simple. You need the remainderman’s consent to reverse a life estate deed in New York. The same is true of making changes to the deed. This is why it’s crucial to choose your remainderman wisely. They should be someone you... View More
Q: If wife signs a deed as executor when no estate was ever filed or executor appointed is it valid to transfer real estate
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Peter Klose
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answered on Oct 14, 2024
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answered on Oct 14, 2024
The answer is not clear from the facts you provide. It is hard to speculate as to whether it was effective or not. Was there a will, is the property located in NYS? Who else was named on the deed. . . . you need to pull the deed and speak with a real estate attorney. If there was a will, you... View More
Q: As the purchaser of a single-family home, can we hold the seller responsible for issues found after we move in?
We are concerned that we will find significant issues with the home after we move it but don't plan to move in for a couple years when we down-size our home.
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Peter Klose
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answered on Sep 5, 2024
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answered on Sep 5, 2024
Not sure what the law is in Virginia, but generally no (especially in New York). A "Closing" means that the matters are closed. Unless the Sellers affirmatively concealed a defect, which is extremely difficult to prove. Do your due diligence NOW.
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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Peter Klose
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answered on Feb 22, 2024
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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.
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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Peter Klose
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answered on Feb 8, 2024
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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
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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Peter Klose
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answered on Sep 1, 2023
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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
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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Peter Klose
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answered on Apr 3, 2023
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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
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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Peter Klose
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answered on Feb 28, 2023
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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
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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Peter Klose
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answered on Jul 22, 2020
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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?
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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Peter Klose
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answered on Jul 9, 2020
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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
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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Peter Klose
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answered on Nov 18, 2019
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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.
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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Peter Klose
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answered on Jan 15, 2019
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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
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