Delmar, NY asked in Real Estate Law for New York

Q: The selling agent of the house we were going into contract with had prior knowledge of a lien and did not disclose

PROPERTY LOCATED in AVERILL PARK NY what are my options as the buyer if the sellers agent was aware of an imminent lien was to be placed on the property but let me go into contract anyway only to have the closing being stopped the very day of the closing because a $75K lien was placed on the property 2 days after I signed the contract. Now we are in limbo waiting a week after the closing date for the seller to clear the issue. none. we're waiting for the sellers to have the lien removed supposedly they've come to some settlement and the lien was removed awaiting the court to record same and officially remove. Was the selling agent negligent in not disclosing he knew a lien was going to be placed before i was led to sign the contract?

Related Topics:
1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: No. The agent is not your agent. The contract will govern what happens. I am sure if drafted correctly this must be cleared at closing, or seller is in default.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.