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New York Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Greetings, i currently have tenants who are allowing their daughter to stay at their apartment because she needs a place

Their daughter was living in a hotel but they are trying to help her find an apartment for her and her daughter and it’s become difficult. My fear is that she becomes a tenant. What can i do?

2 Answers | Asked in Real Estate Law for New York on
Q: Wondering if I can take legal action against a seller/ contractor/ flipper after I the buyer waived the home inspection

I had made an offer on the house and was told by My realtor that it was between me and one other if I waived the home inspection I would get the house, I asked about the roof and the realtor said that the seller said it looked good when they looked at it so now 8 months later I need a complete... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Oct 3, 2022

Difficult case without the disclosure which generally depends on the exact terms of your contract and whether the seller actively concealed the condition. Worth a conversation with your closing attorney.

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1 Answer | Asked in Real Estate Law for New York on
Q: I live in Bklyn, NY and received a violation to repair a retaining wall that is not on my property line. Shared driveway

Broken part of wall is at the entrance of a shared alleyway used by all the residents on the block to access garages. Where can I find the law that covers who is responsible for upkeep of retaining wall and how do I prove to the city that the violation they gave me does not involve my retaining... Read more »

Jack Mevorach
Jack Mevorach
answered on Sep 28, 2022

Have a free telephone consultation with counsel.

Jack

2 Answers | Asked in Real Estate Law and Contracts for New York on
Q: If you sign a real estate contract but tell your lawyer not to send it and they do, is that contract enforceable?

My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

When an attorney acts on a client's behalf, they generally do so as an agent with apparent authority to bind the party for whom they are acting as an agent. However, if the agent (lawyer) acted against your father's directions, your father may have a claim against the lawyer.

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2 Answers | Asked in Real Estate Law and Contracts for New York on
Q: If you sign a real estate contract but tell your lawyer not to send it and they do, is that contract enforceable?

My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... Read more »

Michael David Siegel
Michael David Siegel
answered on Sep 22, 2022

Based on your post, the remedy appears to be against the lawyer for sure, however, the contract may be void entirely, depending on the content of the messages and how it was sent.

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Q: I live across the street from a developer who used to play nice. You knew what was going to be built 6 months in

advance, I checked the plans that often. Then BOOM, they are bulldozing across the street and I get told one day “that is not an office building across the street they are building—it’s gonna be a hotel!”

WAS ALL OF THAT LEGAL?????

It’s been a few years.

Do Towns... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

Your concern about neighboring development is understandable. However, there is no way to provide a meaningful response to your inquiry based upon the information you have provided.

2 Answers | Asked in Real Estate Law for New York on
Q: What to do when a developer failed to shore up and underpin my property during excavation causing damages.

The construction manager assaulted me on the day of the inspection by the corp of engineers who issued a stop work order. This required surgery on my shoulder wrist. They have not replaced the walls since the 2017 occurrence . The kitchen is a freezer in winter and the crack meters have not been... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 20, 2022

The situation you described cannot be adequately addressed by a few words pointing you in the right direction on a resource like Justia. Instead, it would be best to consult and retain an attorney as quickly as possible since recovery for the damages you suffered may be barred by applicable... Read more »

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0 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for New York on
Q: If child lives in dead parents estate, & no will, trust or ownership. What can be done when the state auctions estate?

Taxes owed can't afford them and house is being auctioned. 3 surviving children. State is kicking child out. Can something be done to fight this?

2 Answers | Asked in Real Estate Law for New York on
Q: My son just moved his Nyc condo into an LLC. I want to buy a 49% interest in the LLC. Is Transfer Tax due?
Michael David Siegel
Michael David Siegel
answered on Sep 11, 2022

No. The papers are all at the LLC level.

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0 Answers | Asked in Real Estate Law for New York on
Q: Our father retired to Puerto Rico with his second wife over 20 years ago. He has since passed away. His wife wants my..

..brothers and I to sign a release form so she can give the house my father bought to her own daughter. We have never met this individual. My brothers and I are not inclined to do so and wish to keep the house within our family or at the very least feel her daughter should buy the house from us.... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for New York on
Q: How do i get my name added to a deed. In Orange County NY

I am the administrator of my father's estate. My stepmother who predeceased him took out a mortgage in her name only. I cannot get any information on the loan until i get my name added to the deed. What is the quickest way for me to get this done. This information is needed urgently.

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2022

You may be better off reposting under the "Real Estate" category. I'm sorry your question remains open for two weeks, given the urgency of the matter. It was probably overlooked under the "Government Contracts" heading. Some questions do go unanswered on this forum, but you... Read more »

0 Answers | Asked in Tax Law, Criminal Law and Real Estate Law for New York on
Q: My property & home is considered "homestead" per prop tax. Can it be used for bail bond? Ark:says no seizure/sale debt

Arkansas law states it can not be used in sale of a debt or seizure. Does bail bond fall under that category?

1 Answer | Asked in Real Estate Law for New York on
Q: Can the property manager of a coop be on the board of directors?
Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 7, 2022

The By-Laws for the Coop should set forth who can serve on the Board

1 Answer | Asked in Real Estate Law for New York on
Q: What do I do?

I had given my tenant a non-renewal letter which I unfortunely did not know had to be 3 month prior to her lease end date. I let her know that I am willing for her to stay the extra 3 months that I did not give prior and she answered with "Please contact my lawyer if you have questions for... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 6, 2022

If the property is owned in your individual name, you are not required to retain counsel but would be foolish not to based upon the circumstances you have described.

1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for New York on
Q: Why decision is not published in Justin? What shall I do to publish decision?

LT-059414-2010

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 4, 2022

Decisions are published on the court’s website. You also can find decisions on the NY Reporr website.

1 Answer | Asked in Real Estate Law for New York on
Q: My house was boarded by Building Depart., I had a water leak. Who should be responsible for this leak ?
Michael David Siegel
Michael David Siegel
answered on Aug 26, 2022

The City will have put a repair lien on your property, which accrues interest at 18%. Pay the lien and fix the building, or the City will sell it to pay the lien, leaving you with nothing.

1 Answer | Asked in Intellectual Property and Real Estate Law for New York on
Q: Hello, My mother died in 1987 and owned two properties prior to death. One in Corning, NY and the other lake property

I have not seen the Will but according to court documents, the property was named the Mourhess Family Trust and my brother was named as the Trustee. Before my mother died (she was in ill health) she sold both properties to my brother for $1 total, without me knowing about it. After she died, my... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 23, 2022

From 1987? No there is nothing you can do.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: In NY can you claim ownership of someone else's property because you have used it for some of period of time?

We have an adjacent neighbor whose driveway has two exit points: at one end onto a main road which is what they are supposed to be using, the other end onto our church parking lot and then onto a side road. Part of the driveway that leads to our parking lot crosses over part of our property. The... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 23, 2022

Yes and no on the ownership. If you write to them and tell them to stop, that cuts off any ownership issues. You can legalize the driveway through your land by doing what it called an easement. It is a recorded document, like a deed, that states that the driveway is for access but subject to... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: If a deed/ mortgage has the husband, wife and wife’s daughter before marriage listed on deed. Is it survivorship

The deed reads the husbands name and wife’s name and wife’s daughters name as the owners. What does ux mean in terms of wife’s ownership. The Deed doesn’t have ux in it. I was asking because I ran in to the term. On the deed/ mortgage itself says John Doe and Jane doe and Mary doe.

Michael David Siegel
Michael David Siegel
answered on Aug 18, 2022

"UX" is an old style abbreviation in Latin for "husband and wife". I would need to see the deed, but it sounds like it is 50% the parents, and 50% the daughter. The parents have survivorship rights between them, but as to the daughter it is tenants in common.

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