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New York Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New York on
Q: If my neighbor sold his home after he was made aware a year and a half ago that his fence was on our property

He offered us $1000 in the beginning and we declined.now the sale of the home is pending and he still hasn’t resolved it he refuses to give us his real estate attorney’s info so we can let the buyers bank who paid for the survey that their is a dispute . We put in a small claims complaint to... View More

Carl Nelson
Carl Nelson
answered on Nov 4, 2024

If you’re not part of the transaction I’m unclear how or why you are involved. I understand you may be trying to help someone else, but you may not be apprised of all of the facts in a deal you are not a part of, and in any event I’m not sure what basis you would have to put a cloud on title.... View More

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: Can you sue your mortgage company and win your home free and clear ?

Illegal foreclosure

Jack Mevorach
Jack Mevorach
answered on Nov 4, 2024

It's possible.

Jack

0 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Is it legal in nyc to set up a hidden camera in the living room area w/o informing my roommate if I am primary tenant?

One of my roommates is attempting to become a holdover tenant at the end of our lease. I am primary tenant on a joint lease. The guarantor is sending her a written cease and desist. For my safety and proof for the security deposit in case she purposefully damages the apartment, I am considering to... View More

1 Answer | Asked in Real Estate Law for New York on
Q: My ex-husband is on the mortgage, which I have been paying. My name is on the title. How can I adjust mortg to my name
Elaine Shay
Elaine Shay
answered on Oct 24, 2024

Generally, this would require that you refinance your mortgage. However, you may contact the lender to inquire if they would be willing to assign the mortgage loan.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Regarding Respondeat Superior, if a Property employee gives a non-employee a key to a utility room who is liable?

Thanks

Anthony M. Avery
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answered on Oct 23, 2024

Potential tort liability for both.

1 Answer | Asked in Contracts, Real Estate Law and Business Law for New York on
Q: I am considering legal action against my property management company. T

I am considering legal action against my property management company. Their negligence in managing my property, particularly in their interactions with the city, has resulted in a financial loss of over $7,000. Given their failure to respond to my communications and their apparent breach of our... View More

Jack Mevorach
Jack Mevorach
answered on Oct 21, 2024

Perhaps. Or, at least, termination of the contract.

Jack

1 Answer | Asked in Real Estate Law for New York on
Q: THIS UNIT IS SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW?

Does that mean my landlord can evict me or increase the rent more than 3% - 6% ?

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 21, 2024

Dear Manhattan Tenant

No. Not at all.

Read this

https://www.nyc.gov/site/hpd/services-and-information/good-cause-eviction.page

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for New York on
Q: I’m looking to retire and shut down my LLC
Jonathan David Warner
Jonathan David Warner
answered on Oct 14, 2024

I'm not sure what your question is... but I'll try to provide some helpful tips.

First, make sure to notify your accountant or payroll service provider of the closing date so they can prepare the final returns. Failure to do so can result in massive fines and large penalties....
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0 Answers | Asked in Consumer Law and Real Estate Law for New York on
Q: Senior parents have a diamond time share and they want out. Transitions program on hold, being stalked by exit scams

They are desperate and I am afraid they will be taken advantage of. Predators invite them for free lunches to “help them”

They are getting anxious and confused and are panicking about finances as they age since they have retired and no more income

2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: If wife signs a deed as executor when no estate was ever filed or executor appointed is it valid to transfer real estate
David Marc Deemer
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answered on Oct 12, 2024

If no estate was opened, your wife did not receive Letters Testamentary and therefore cannot act on behalf on behalf of the estate, which includes signing a deed.

Your wife, assuming she is the named Executrix in the Will must submit the Will for probate in order to receive Letters...
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2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: Since 2012/2018 a foreclosure cases has been ongoing till present Does a statue of limitations apply in NY

The first index number was filed in 2012 plaintiffs ask to discontinue in 2016 since plaintiffs did not have proper documentation. the case was refiled different index number 2018 I’m trying to sign off on DIL but they keep making errors with names and addresses on the DIL for months When... View More

Carl Nelson
Carl Nelson
answered on Oct 7, 2024

There are too many variables for a situation like yours to give you a definitive (and fair) response to your question. But because you raise important points, especially related to how the law in New York has changed regarding statutes of limitation, I highly recommend you speak to a qualified... View More

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Q: Can I use the grandfather clause against a new town ordinance?

Town Board passed new ordinance limiting type and quantity bird feeders a private homeowner can have, based on one address being harassed by one neighbor for four years. Even though we have complied with all DEC restrictions and suggestions. I need to fight this. I've had same bird feeders for... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 4, 2024

Dear Jamestown Home Owner:

It is not you alone. Many jurisdictions place restrictions on wildlife feeding.

https://dec.ny.gov/news/press-releases/2022/4/dec-issues-guidance-to-reduce-conflicts-with-bears#:~:text=...
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1 Answer | Asked in Real Estate Law and Probate for New York on
Q: Once listed as an heir to a estate in NY, can you be denied from getting anything?
Tim Akpinar
Tim Akpinar
answered on Oct 23, 2024

This is not my area of law, but you await a response for almost a month - and I think the wording of your question could have led to confusion about exactly what was meant. If you're listed in a will or trust, you know you're getting something as a beneficiary. It doesn't sound like... View More

1 Answer | Asked in Appeals / Appellate Law and Real Estate Law for New York on
Q: Is there a statute of limitations on a void deed to appeal with a Quiet Title Action? Adverse Possession
Jack Mevorach
Jack Mevorach
answered on Sep 28, 2024

No statute of limitations to invalidate a forged deed. In other scenarios, there are limitations of time.

Jack

1 Answer | Asked in Real Estate Law for New York on
Q: We were just given a 90 day termination notice pursuant to Property laws 226-c and 232-a.

As of today we are 3 months behind in rent. If payment is brought current before the end of the 90 days will we still have to vacate? Should we pay Oct 1 rent as we had planned? My husband and I are senior citizens.

Elaine Shay
Elaine Shay
answered on Sep 27, 2024

There are two primary types of landlord/tenant cases. The first is a non-payment case, which requires the landlord to serve a rent demand before filing in court. If the rent is paid in full the case would be dismissed. The second is a holdover case, which, if you have been a tenant for 3 or more... View More

1 Answer | Asked in Real Estate Law and Business Law for New York on
Q: NYC Co-op Tax Abatement - can a property manager be sued separately from the cooperative and board for their negligence?

Our property manager never submitted a shareholder's cooperative to the co-op tax abatement program after the purchase. The shareholder did not know about the tax abatement until 10 years later. The co-op has been their primary residence since purchase. The property manager never submitted the... View More

Jack Mevorach
Jack Mevorach
answered on Sep 18, 2024

Yes.

Jack

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for New York on
Q: Landlord leased a rental unit that is inhabitable (so says the incorporated village) and is making us sign an agreement

The deposit is over $10,000. We have received the total commission money back. They broke the contract first, but are making us sign an agreement to not sue in order to get our money back. Is this legal? Is there a way to get our money back (and quickly) without signing? Not looking to take legal... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 5, 2024

You should never sign a general release without an attorney giving you the ok to do so.

2 Answers | Asked in Real Estate Law for New York on
Q: As the purchaser of a single-family home, can we hold the seller responsible for issues found after we move in?

We are concerned that we will find significant issues with the home after we move it but don't plan to move in for a couple years when we down-size our home.

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 6, 2024

The New York State mandatory real property disclosure form you received before you went to contract will hold the former owner accountable for false material reports about the condition of the property.... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: So, in essence. I was part of a land sale. 39 acres and a house.

7 other members of my family and I decided to combine our money and purchase more land. My father who is a part of this land sale deal decided to buy me out with a handshake deal of a simple $100 a month. That was 14 months ago and he has given me less than half. I should also add he is retired and... View More

Jack Mevorach
Jack Mevorach
answered on Sep 3, 2024

Real estate "handshake deals" are not enforceable.

Jack

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2 Answers | Asked in Real Estate Law, Insurance Defense and Landlord - Tenant for New York on
Q: Neighbor (or building's?) insurance adjuster asking for access - what's going on?

I live in a co-op building and the neighbors right below me had water damage. No idea what happened, but their insurance took care of everything a month or two ago. Now, the Super called me that the neighbors and the building management have been emailing for a date for someone to come in and... View More

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2024

Without knowing the details of the water damage, one possibility is that the insurance adjuster and building super want to confirm that the source of damage is not from directly above, which could make your unit the most likely possible source to look into. You mention feeling uncomfortable - you... View More

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