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New York Real Estate Law Questions & Answers
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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1 Answer | Asked in Real Estate Law for New York on
Q: how can I stop my mom from starting a eviction case over and over again when it keeps getting dismissed.

my parents bought me and my kids a house on a foreclosure sale we have lived at the house for almost 9 years i have renovated the home with my own money with no help from them at all and i paid a monthly amount of 600.00 to pay them back 35,000 and I did because I trusted my parents. we had a... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 1, 2024

Dear West Valley Home Owner:

It would help to know what type of landlord-tenant proceedings were started and lost and the reasons for the cases' failures.

In New York State, the filed deed is evidence of owning real property. If your name is on the deed, you are the owner--not...
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1 Answer | Asked in Real Estate Law for New York on
Q: Can you explain what a (421-a) and a (J-51) is. There is a property in interested in but rent lock is associated with it
Steven Warren Smollens
Steven Warren Smollens
answered on Sep 6, 2024

This may seem unusual, but if you are buying an apartment building in NYC that may have Rent-Stabilized dwellings for a long time into the future, you should have an attorney.

Read the information here to start:...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: MY SISTER INLAW DIED 2019 LIVED IN PUERTO RICO. DUE TO POOR HEALTH WE CAN'T TRAVEL TO PR-NEED A PROBATE LAWYER TO HELP

WE NEED A LAWYER TO GET INTO SAFTY DEPOSIT BOX TO SEE IF DEED TO PROPERTY IS THERE AND RETRIEVE MONEY AND JEWELRYAND SELL HOUSE-WE HAD THE WILL REGESTERED/CERTIFIED IN PR COURT-COVID CLOSED THE COURTS AND WE HAD TO LEAVE BEFORE AIRPORTS CLOSED-WE CAN NO LONGER TRAVEL WANT TO SELL THE HOUSE... View More

Bonnie Lawston
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Bonnie Lawston
answered on Aug 30, 2024

Please email us the details and information at bonnielawstonesq@gmail.com.

631-425-7299

1 Answer | Asked in Real Estate Law and Small Claims for New York on
Q: Does the finder rule apply to a finder of an abandoned incorporeal hereditament, as in superior title over all others?

I am asking for both general across the USA and for New York. Does it matter if it is an abandoned incorporeal hereditament that has been separated from the land, and is no longer an interest in the land? Does the finder get superior title over all others for incorporeal hereditaments?

James L. Arrasmith
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answered on Aug 25, 2024

When dealing with the finder rule, it generally applies to physical, tangible property rather than incorporeal hereditaments, which are intangible rights or interests. Across the USA, and specifically in New York, the concept of "finders keepers" does not typically extend to incorporeal... View More

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for New York on
Q: Will owner financing (about 1/3 of price, 1/3 buyer cash, 1/3 mortgage) work for the seller? Risks, issues, steps?

Manhattan apt at low $700k, market dead. Only interested buy has tight financials after cash down. I also wonder about my owner financing terms (years, rate-will to take 5%)...

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

If this is a cooperative apartment, it is unlikely that your cash-strapped potential purchaser and you would receive consent to proceed with a contract to sell. It would help if you had an attorney to navigate the sale of a co-op apartment in NYC.

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1 Answer | Asked in Family Law, Real Estate Law and Probate for New York on
Q: Hello, I want to know what my real estate and trustee rights are (I think?) for a family matter. Any help is appreciated

My mother and father bought a house in the late 90's. Because of my fathers credit, he could not be put on the mortgage - nor was he put on the deed. My mother and her mother signed all of the original paperwork, but my mother and father paid the mortgage - and that's how it remains.... View More

Cesar Mejia Duenas
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answered on Aug 22, 2024

I'm sorry to hear about your situation. Legally, if your father was never on the deed, he doesn't have ownership rights to the house, even if he helped pay the mortgage. Since your mother passed away without her will being probated, your father may have some rights to her share of the... View More

1 Answer | Asked in Real Estate Law for New York on
Q: Is "under claim of title" the same as "acquisition by find" the law in New York?

Is "under claim of title" the same as "acquisition by find" the law in New York? As in the finder acquires an interest superior to everyone except the true owner, for real and intangible property?

James L. Arrasmith
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answered on Aug 19, 2024

In New York, "under claim of title" and "acquisition by find" are distinct legal concepts, though they share similarities. "Under claim of title" typically refers to adverse possession, where someone occupies real property openly and continuously under a claim of... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: During a storm a tree on my side of the property fell and hit my neighbors property what to do?
Michael David Siegel
Michael David Siegel
answered on Sep 13, 2024

Take pictures and call you insurance company. You should be covered if there was damage to the neighbor.

2 Answers | Asked in Real Estate Law for New York on
Q: Does New York have "relativity of title" and possessory title?

Does New York have "relativity of title" and possessory title that either applies to intangible property and/or real property? If so, what does relativity of title provide someone with better title?

Jack Mevorach
Jack Mevorach
answered on Aug 18, 2024

I'm practicing 35 years and I've never heard of these.

Jack

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2 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for New York on
Q: Hello how do i find out the status of an Heir property ?

There are 2 properties where as the original owners have passed away. There is a daughter produced by the deceased couple. The father left a will. i need to find out the status of the estate

'

Jack Mevorach
Jack Mevorach
answered on Aug 18, 2024

Contact the Executor of the estate and inquire.

Jack

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2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for New York on
Q: Hi ,I bought a home with my daughter and would like to add my husband name on the deed.

when I was buying my husband credit wasn't good,so I use my daughter's name and credit but it was my money used. I'm sick and would like to protect my husband just in case...

Howard E. Knispel
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Howard E. Knispel
answered on Sep 8, 2024

You need a transfer deed adding your husband to the deed. Contact an attorney to prepare one. There are recording fees that will have to be paid to the county.

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4 Answers | Asked in Real Estate Law for New York on
Q: what is the course of action for unmarried couple that brought house and now split and cant agree on what to do with hom

she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed

Peter Klose
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answered on Sep 6, 2024

If you cannot agree, you will need to hire an attorney to commence a Partition Action. It's like a foreclosure by the individual owners. Often these things get resolved after you file, but you should get all of your financial records together to substantiate your contributions and capital... View More

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for New York on
Q: what is the course of action for unmarried couple that brought house and now split and cant agree on what to do with hom

she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed

Anthony M. Avery
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answered on Aug 12, 2024

Hire a NY attorney for file suit for a Sale For Partition.

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1 Answer | Asked in Banking, Business Law and Real Estate Law for New York on
Q: NYS Section 590. What are the rules for a person who provides commercial loans ($3M+)? Do you need a license?

All I can find is a proposed bill that will require individuals to be licensed but that has not passed.

Jack Mevorach
Jack Mevorach
answered on Aug 8, 2024

I've never heard of a license required for this. If attempted, it might be held to be unconstitutional.

Jack

1 Answer | Asked in Real Estate Law and Legal Malpractice for New York on
Q: Family member signed sales contract in NY for residential property 2 years ago and is deceased. This is in litigation!

Relative is now deceased and the Buyer added a rider to sell co-op. Estate has property. The contract has no end date. Estate being sued for specific performance. Buyer still has not sold co-op and has no sign of funding. Buyer is still negotiating sales price 2 yeas later. Can we file a motion to... View More

Jack Mevorach
Jack Mevorach
answered on Jul 24, 2024

Is the estate represented by counsel?

Jack

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: Hi ,I bought a home with my daughter and would like to add my husband name on the deed.

when I was buying my husband credit wasn't good,so I use my daughter's name and credit but it was my money used. I'm sick and would like to protect my husband just in case...

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 23, 2024

You will need to schedule a "mini-closing" where you (or your daughter) will need to deed the property from herself, to herself and your husband, as joint tenants (a technical legal term of ownership). Which particular form of ownership would work best requires a detailed review of your... View More

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