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Questions Answered by Peter Klose
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

Peter Klose
Peter Klose 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, your title... Read 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?

Peter Klose
Peter Klose 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 improvements... Read 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
Peter Klose
Peter Klose 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.

Peter Klose
Peter Klose 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... Read more »

Peter Klose
Peter Klose 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 live in... Read 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?

Peter Klose
Peter Klose 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?
Peter Klose
Peter Klose 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?
Peter Klose
Peter Klose 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.

Peter Klose
Peter Klose 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 refused... Read more »

Peter Klose
Peter Klose 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... Read 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?
Peter Klose
Peter Klose 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.

2 Answers | Asked in Probate for New York on
Q: My sister died intestate, no assets. Her boyfriend is pestering me to write up notarized document giving him power of

attorney, based on what he calls my "bloodline power of attorney",so he can access her storage unit. Can he apply instead to be volunteer administrator of her small estate, without my involvement? As of yet, no paperwork has been filed and no one is officially in charge of her estate. My... Read more »

Peter Klose
Peter Klose answered on Nov 30, 2016

Cant you help him in your time of loss with an Affidavit of Small Estate

He does not have the right to do it, and it costs only $1 to file with the appropriate Court

You need to do it because you are the heir

https://www.nycourts.gov/courthelp/diy/smallEstate.shtml

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2 Answers | Asked in Real Estate Law for New York on
Q: Can the Seller's agent decline to present the offer to the Seller's due to the Mortgage Co. that we've chosen to use?

My husband and I have been preapproved for a Mortgage through Quicken Loans. My realtor said that she refers all of her clients to a Banker that she knows because she and former clients have had bad luck with QuickenLoans. We asked her to put our offer in anyway b/c we had already done the... Read more »

Peter Klose
Peter Klose answered on Nov 30, 2016

You have the right to complain to the local real estate board for which she is a listing agent. I think she sounds rather unprofessional, and would consider her disclosure of personal information a breach of ethics.

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3 Answers | Asked in Real Estate Law and Probate for New York on
Q: Father and sister are joint owners, both in deed, but dad pays mortgage. What happens when he dies?

Does mortgage come out of his estate or us my sister responsible??

Peter Klose
Peter Klose answered on Nov 22, 2016

Sister owns house but house encumbered by mortgage. Depends upon will, but if she doesn't pay mortgage, the Estate is going to be embroiled in a Foreclosure battle, which no one wants. Here is a good article.

http://homeguides.sfgate.com/happens-mortgage-mortgagee-dies-43271.html

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3 Answers | Asked in Real Estate Law for New York on
Q: I wanted to know is it legally required for landlords to send a letter 2 renters explaining why they got denied a rental
Peter Klose
Peter Klose answered on Nov 16, 2016

Assuming that this a private transaction between Landlord (owner) and Tenant (renter), I would say, "NO."

Good luck,

Peter

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2 Answers | Asked in Real Estate Law and Probate for New York on
Q: My NY State home of 14 yrs is in both mine and my father's name. What happens when he dies? Does the house become mine?

Also, what happens if he is sick for some time at the end of his life and ends up owing money because of that? Can they come after the house for unpaid bills? The house has no mortgage. I have lived in the house for 12 years and have paid all bills and property taxes and all is up to date. My... Read more »

Peter Klose
Peter Klose answered on Nov 2, 2016

Would be helpful to review the deed but if you owned it as joint tenants with rights of survivorship it automatically transfers to you

If you own it as tenants in common and your father has a will the answer may change. I would recommend an attorney look at the situation.

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3 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: I need to transfer a property deed from my mom's estate into the names of her surviving heirs, how do I go about that?
Peter Klose
Peter Klose answered on Oct 27, 2016

Hire a lawyer, do a deed, not a difficult process

Do you have letters of administration?

Peter Klose

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