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2 Answers | Asked in Real Estate Law for New York on
Q: Can a lawyer with a broker license represent a buyer purchasing a home and also do the real estate closing?

I am purchasing a home and would like my father to be my buyer’s broker and real estate attorney for the closing. Can he be both in Suffolk County, N.Y?

David Marc Deemer
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answered on Jun 23, 2024

No, someone cannot act as both a real estate attorney and collect a real estate commission on the same transaction as it is a conflict of interest. That said, your father could act as your real estate attorney and collect a finder's fee, assuming that the Seller consents to the finder's fee.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I live in a 50 unit apartment building I was charged a broker fee but I found the apartment & the Managment company gave

Me this woman’s # she never said she was a broker.I found the apartment myself & someone else from the Managment company showed me the apartment. I was told I had to pay a $25 application fee ,And if I wanted the apartment I had to send a check in her name to hold the apartment & she... View More

David Marc Deemer
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answered on Sep 7, 2023

It depends on whether it was an application fee or a brokerage commission. Landlords and its managing agents are able to charge application fees. However, they can not charge you a brokerage commission unless it is disclosed, you agree in writing to pay such brokerage commission, and the broker was... View More

3 Answers | Asked in Business Law, Contracts and Real Estate Law for New York on
Q: I entered into a contract with a company to sell my property to them but have not heard back. What are my options?

As the sale date nears i have not heard from them about my payment. Can i make them honor the contract?

David Marc Deemer
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answered on Aug 27, 2023

Yes, you can. Your first option is to serve them a Time of the Essence ("TOE") notice, which gives them the 30 days to close. Your next option, is to sue them for specific performance which would force them to close per the terms of the contract.

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