Queens, NY asked in Real Estate Law for New York

Q: I want to sue my neighbors, the seller's broker, and the seller

I bought a house in 2022, a few days before the closing, my attorney told me that the neighbor's fence encroached about 2 feet inside of my property. I told the seller that they have to fix it, otherwise, I am not going to close the house. on the closing day, I asked the seller to fix the encroachment and to leave money in escrow, just to make sure. The seller did not want to do it. The broker stepped in the middle and signed an agreement that he would be going to fix the encroachment within sixty days after the closing and leave money in escrow. It is today's date and he did not fix the out of possession. After moving to our house, we found out that the neighbor has electricity under the concrete that is under the fence. The neighbor listed their house for sale, and now I want the fence to be relocated. My attorney is very unprofessional and leaves me with this case, and she does not return my calls or answer my messages. the broker says that he does not want to move the fence.

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • New York, NY
  • Licensed in New York

A: It's very unfortunate that you are having these issues with the property you so recently purchased. You are describing a complex issue that will require the examination of the documents executed at closing as well as other records to properly guide you. Therefore, it is not the type of question that can receive detailed guidance online. Instead, you should seek a consultation with an attorney to assist you.

Steven Warren Smollens agrees with this answer

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