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New York Real Estate Law Questions & Answers
0 Answers | Asked in Federal Crimes and Real Estate Law for New York on
Q: What happens If someone commits VA mortgage occupancy, fraud on one investment property. And can’t payoff loan

What punishments do low level offenders get? Usual outcomes

0 Answers | Asked in Federal Crimes and Real Estate Law for New York on
Q: If someone commits mortgage occupancy fraud on a va loan how much trouble do they get in?

If someone got a mortgage, knowing that they were not going to live in the property for a duplex

1 Answer | Asked in Real Estate Law for New York on
Q: Are there in laws that prohibit a Florida real estate developer from advertising our community in New York?

We sell vacation homes and have many clients from New York. We are thinking about participating in a property show but want to make sure its ok to advertise FL properties in New York. Our company is in Florida and so is the community that we would like to advertise. THANK YOU

Alex B. Pia
Alex B. Pia pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023

A general concern for interstate property advertisements is whether you are in compliance with any federal/local fair housing and discrimination laws - which can vary by state and city. If you are working with a local broker your agreement should specify that they are taking on these compliance... View More

1 Answer | Asked in Real Estate Law for New York on
Q: Hi, Can I sell my portion of a house in PR?

My mom has a house in PR that she is renting out. She is still alive and has said when she passes she wants me and my sister to have it.

Me and my sister don't agree on what to do with the house. I want to sell it, as I don't want to be a landlord to a house in PR while living in... View More

Carl Nelson
Carl Nelson
answered on Nov 30, 2023

It does not appear you have any interest to sell. Your mother indicating she wants to do something in the future, even if committed to a binding will, does not give you any legal or equitable right to the property.

There are certain things you could do during her lifetime, such as...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Tenants in New York State are not paying rent. Do both tenants on the lease agreement have to be served separately?

I rent an apartment to a couple in New York State. They're both listed in the lease agreement. They are a few months behind and I want to have a process server serve them a 14 day notice. Do they have to be served separately?

Michael David Siegel
Michael David Siegel
answered on Nov 28, 2023

Yes, each tenant and occupant must be independently named and served in the notice, and the landlord/tenant case once commenced.

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2 Answers | Asked in Real Estate Law for New York on
Q: My 2 brothers are on the deed with my mother in the state of Florida. If she dies do I have any rights to the house?
T. Augustus Claus
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answered on Nov 29, 2023

Whether you have any rights to the house if your mother dies depends on the specific circumstances of the situation. If your mother has a will, the will will control who inherits the house. If your mother does not have a will, the house will pass to her heirs according to Florida's intestate... View More

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2 Answers | Asked in Landlord - Tenant, Real Estate Law and Health Care Law for New York on
Q: My landlord is closing on his home on 12/1/2023. I have COVID now since Thanksgiving, must I still move out by 11/30/23?

I tested positive on Thanksgiving day, 11/23/23. My doctor says I must isolate/quarantine for minimum 10 days bc I also have bronchitis as well. I am considered almost a severe case hence why he advised I must isolate minimum 10 days. But my move out of the apt date is in the middle of the... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Nov 26, 2023

Dear Manhattan Tenant

Oh, boy. In New York a landlord is without any legal and lawful right and authority to demand the tenant move out simply because the landlord sold the house. In fact a landlord has no power without a Housing Court judgment and an eviction warrant to force the tenant...
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1 Answer | Asked in Real Estate Law for New York on
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... View More

Elaine Shay
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Elaine Shay
answered on Nov 14, 2023

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... View More

1 Answer | Asked in Real Estate Law for New York on
Q: Re: N.Y. Real Estate License Law of November 2014, a property manager collecting money must have a real estate license

I found out that the property management company managing the building where I own a tiny, basic 1-bedroom co-op apartment in New York City is founded and headquartered on another continent and has no real estate license in New York or any other state, for that matter. My maintenance was raised by... View More

James L. Arrasmith
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answered on Nov 13, 2023

Under New York law, property management companies involved in collecting rent or maintaining rental properties typically need to be licensed as real estate brokers. This requirement is outlined in the New York Real Property Law and the regulations set by the New York State Department of State.... View More

2 Answers | Asked in Real Estate Law and Personal Injury for New York on
Q: Am I responsible if I allow someone to launch their boat from my property and there is an injury or damage to property

I have an easement on my neighbor’s property to access the water and install a dock. My neighbor allows people to launch their boats on his property resulting in a constant flow of traffic. Is my neighbor liable if someone gets hurt on our easement or if our property in the water (dock,boat) is... View More

Tim Akpinar
Tim Akpinar
answered on Nov 11, 2023

A boat owner who is injured (and their guests) could name both property owners and try to connect both to any kind of claim. In terms of actual liability arising from negligence on the part of the property owners, that would need to be sorted out on a fact-specific basis. A court could recognize... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: can a real estate agent have the in side of my house demoed with out my permission and if not what rights do i have

my mother died from coronavirus i had to sell the house in order to pay back a reverse mortgage. The real estate agent asked for the key

so he could show the house i returned to the house to retrieve my belongings everything was thrown away i had no chance of recovering any of my items

James L. Arrasmith
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answered on Nov 12, 2023

An agent cannot authorize demolition or disposal of property inside a house without explicit permission from the owner or legal authority. If your property was demolished or your belongings disposed of without your consent, this could be a serious breach of professional duties and possibly a legal... View More

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1 Answer | Asked in Real Estate Law for New York on
Q: Real estate rights

Iown my mobil home and pay lot rent, water and sewer bill to the property owner. I had a water main line break under my mobil home on 10/17/2023. I called and put in an emergency maintance request via their answering service. I as well as neighbors and the fire department tried to reach the... View More

James L. Arrasmith
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answered on Nov 4, 2023

If you own your mobile home and are renting the lot, the responsibility for repairs can depend on the terms of your lease agreement. Generally, the landlord is responsible for maintaining essential services like water. If there's a delay in repairs that makes your home uninhabitable, you may... View More

2 Answers | Asked in Real Estate Law for New York on
Q: House is in girlfriends name. I have paid mtg for over the last 2 years. Can I sue to get money back

I paid mtg fir last 2 1/2 years. I give money each week for hOuse expenses. She doesn’t work sbd hasn’t worked in over 2 years since Covid

James L. Arrasmith
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answered on Nov 4, 2023

If you have been paying the mortgage and house expenses for a property that is not in your name, you may have some options to recover those funds, depending on the circumstances surrounding the payments. New York courts may recognize contributions toward the mortgage as creating a type of implied... View More

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4 Answers | Asked in Real Estate Law for New York on
Q: I live in NY State. I have a question regarding the legality of a letter/document.

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

Carl Nelson
Carl Nelson
answered on Oct 20, 2023

To be enforceable a promise to do something must be supported by a corresponding promise by the other party (e.g. I promise to do A if you promise to do B)--this is often referred to as consideration. So it is unclear whether the promise to pay an amount of money to your wife's mother is... View More

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1 Answer | Asked in Family Law, Real Estate Law, Elder Law and Probate for New York on
Q: This is a situation where a veteran at 68, was a live in caregiver for an 84-year-old who recently died intestate.

I, along with my partner who is also 68 and suffers from advanced Alzheimer's Disease, resides in the home of the decedent whose house is in reverse mortgage. The deceased has six other siblings, three deceased. The house value is close to the outstanding balance on the reverse mortgage. I... View More

Jack Mevorach
Jack Mevorach
answered on Oct 19, 2023

A proceeding will need to be commenced in Surrogate's Court.

Ja k

4 Answers | Asked in Real Estate Law for New York on
Q: Can I be sued personally for a property I purchased under an llc?

I purchased a property under an llc. Unbeknownst to me the deed was fraudulent. I signed the deed back to the real owner. I did some repairs until I found out the deed was fraudulent. The real owner is now suing my llc and me personally for treble damages done to the property. Can they go after me... View More

Elaine Shay
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Elaine Shay
answered on Oct 19, 2023

There are circumstances in which the owner of an LLC could have personal liability... particularly if it is alleged there was fraud. If you have been sued, you should immediately retain legal counsel as there are time limits to responding to litigation or a default judgment may be taken against... View More

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4 Answers | Asked in Arbitration / Mediation Law and Real Estate Law for New York on
Q: How do I start an arbitration action between myself as an owner against my condominium building which it requires?

I attempted a civil lawsuit but the Court dismissed it saying the Court lacks subject matter Jurisdiction to hear an action and I must use mandatory arbitration.

Tim Akpinar
Tim Akpinar
answered on Oct 17, 2023

It looks like your remedies are governed by a mandatory arbitration clause. The organization named in the by-laws should have information in terms of filing fees, paperwork, etc. Large arbitration organizations, such as the American Arbitration Association, have online resources. Good luck

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4 Answers | Asked in Real Estate Law and Contracts for New York on
Q: Did Seller void a contract by not closing in time?

My mother entered a contract to purchase a home. In the document she signed, it states very plainly that closing must be on or before September 22, 2023. My mother was told possession would occur at closing.

The owner of the property was not ready to close on or before September 22nd,... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 15, 2023

Your mother should have had an attorney since the contract likely required that closing be on or about September 22, 2023, and if the Seller could not do so, the Purchaser, your mother, had to make a TOE demand to force a closing. But as matters developed, your mother likely breached the contract.... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: I have inherited my grandmother's property in P.R. I own 3/4 and grandmother's cousin owns 1/4. Can't locate relative.

I live in New York, and I can't start building in P.R, until I'm able to claim 1/4 of the property that belongs to my grandmother's cousin. Last, I know that cousin passed away in 1999.

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 11, 2023

I suggest that you look for a lawyer licensed in Puerto Rico and New York. Inheritance law as well as property law is local.

1 Answer | Asked in Criminal Law, Employment Law and Real Estate Law for New York on
Q: I have a sealed expunged felony conviction in ohio, but want to obtain my NYS RE License. Do I have to disclose?

I have a class e felony conviction in the state of Ohio from 15 years ago. The judge ordered a restoration of all rights, and sealed/expunged my record after serving probation. I want to obtain my NYS Real Estate license, and it is an automatic disqualification if convicted of a felony, but do I... View More

James L. Arrasmith
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answered on Nov 4, 2023

When applying for a New York State Real Estate License, you are required to disclose all prior convictions, even if they have been sealed or expunged.

New York State does not recognize the expungement or sealing of convictions from other states in the same way. It's important to...
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