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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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answered on Feb 23, 2025
Greetings:
Total deference must be given/made to the Separation Agreement. If any terms are silent or ambiguous, you must be certain to have the Agreement amended to reflect your intentions as well as that of your ex. If you proceed in a manner contrary to the Agreement with respect to the... View More
In this specific situation:
1. Co-Signer A does not participate in the daily business operations of the store.
2. Co-Signer A accuses Co-Signer B of financial misconduct, personal betrayal, and claims that Co-Signer B is an illegal immigrant.
3. Co-Signer B manages the... View More
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answered on Jan 11, 2025
Greetings:
A Commercial Landlord is not an arbitration, mediator, or babysitter for issues by and between its Tenants. The Landlord/Tenant-Guarantor relationship simply establishes that the Tenants enter into a "privity of contract" and "privity of estate" relationship... View More
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answered on Jan 15, 2025
Greetings:
If you are the vested owner of the property (reflected on the Deed), it is impossible for your home to be listed absent your express, written permission and executed Listing Agreement. You should contact that brokerage immediately.
*not to be construed as legal advice or... 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
My lease contains a clause stating that the tenant and landlord waive all rights to jury by trial. What does this mean?
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answered on Jul 16, 2023
Greetings
That provision means that if there is ever a dispute, resolution must occur before a judge or arbitrator. You cannot seek a trial by jury; neither can the Landlord.
Years. need directions on what I need to do or say to the lawyer to move this case on just need help.
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answered on Jan 18, 2023
Greetings:
In light of COVID-19s impact on Tenant Eviction, coupled with New York State's affinity towards Tenants, I would suggest the following:
Offer your brother money to "surrender" posession. Offer an amount **inclusive of relocation fees, storage fees, future... View More
Our offering plan for a condominium contains a line item in the budget for basic cable service. This was in 1988. How would the association revise or eliminate this item? The fee charged by the cable service is a line item in our current budget. The contract with the Cable Company is for all... View More
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answered on Aug 2, 2022
Greetings:
Any by-law to a Condominium Offering Plan can be amended by the Board of Managers unanimously voting to pass an AMENDMENT to any particular provision in the existing by-laws.
Speak with any Board Member in this regard to proceed in having this accomplished.
New York State-> Nassau County NOT NYC
Apartment was found by me via Facebook as person posted an apartment was available (no other details). I reached out in a message and communicated with who I assumed was the broker for the property. Went to view the apartment and while in... View More
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answered on Oct 22, 2021
Greetings:
The Real Estate Industry is a highly regulated industry. Unless this Landlord is a duly licensed New York State Real Estate Broker (you should ask to see credentials), she is prohibited from charging, earning , or a receiving a "broker fee". She is entitled to first... View More
i closed on a property in October 2020? one of the contract clause is that the seller will pay the DOB violation. The title company was supposed to pay for the DOB violation from the proceed as agreed. However, i discover the fund was returned to the seller as a "mistake". how i am... View More
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answered on Apr 2, 2021
Greetings: You should advise the attorney who represented you at closing as to what transpired; have he/she correspond with the Title Company and have them review the "ESCROW AGREEMENT" you signed at closing with respect to this violation.
Best of luck.
Please cancel question.
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answered on Mar 25, 2021
Greetings:
The short answers are:
1. You can always terminate an attorney client relationship; at anytime;
2. Pursuant to the Statute of Frauds, any binding arrangement regarding real property must be memorialized in writing to be legally enforceable.
I have a brain injury, and live on a disability injury settlement. there was a person at the management company who tried to overcharge me every month, and would send me insults in their monthly statements (I saved all the emails). when I sold the apartment, they told me they can stop the sale if I... View More
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answered on Mar 14, 2021
Greetings:
If indeed there was this impropriety as you describe, you would certainly have grounds to sue.
Currently some family members have built houses on the land. We would like to find out how much land she would currently have? We like to built on the land as well. Not sure where to start? Or how much this would all cost. We have asked some family members but no one seems to know anything. Thank... View More
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answered on Mar 13, 2021
Greetings:
You would need to ascertain who is the vested owner of the property by having a "last deed search" run. Once you are in receipt of the deed, this will reflect who is the "of record" owner of the property. If it is discovered that the land is currently owned by... View More
We are in the process of closing on a house. The seller would like to stay 7 days past the closing and pay for it. With Covid 19 what happens if she refuses to move out after the 7 days? Could we get stuck with her as a tenant and not be paid for her stay?
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answered on Mar 11, 2021
Greetings:
What you are referring to is called "post posession". This does NOT create a landlord/tenant relationship..whereby if the Seller stays beyond the 7 days...(their attorney should be holding money in escrow as an incentive for you to allow the post possession)..you will... View More
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