Lawyers, Answer Questions  & Get Points Log In
New York Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New York on
Q: My mother died a couple of years ago and left us property in Puerto rico. Because of all the storms property is damaged

I live in ny. My aunt tells me that the government is going to demolish the house and take over the property. Can they do that ?

Tim Akpinar
Tim Akpinar answered on Jan 15, 2021

I'm sorry for the loss of your mother. This would be governed by Puerto Rico law if the property is situated there. You could repost under Puerto Rico (click the linked text "Show More States"). Good luck

Tim Akpinar

2 Answers | Asked in Real Estate Law for New York on
Q: We just sold our farm (not our permanent residence). Most equipment was still in barns and new owners said no hurry.

Papers are signed and new owners say everything is theirs if each item had not been specified as ours. Do they now own our things?

Toshinori Isoai
Toshinori Isoai answered on Jan 13, 2021

You will need to carefully review the terms and conditions of the contract. Generally, any personal properties must be removed out of the premises prior to the transfer of the ownership (usually the closing date) unless otherwise stated in the contract. If any non-fixture items are left on or after... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for New York on
Q: When selling a property in NYS does the seller owe the real estate agent a commission if the seller finds the buyer?

The property in question is a small home located in rural Western New York State.

Tim Akpinar
Tim Akpinar answered on Jan 9, 2021

This is really something that the real estate attorneys here would know the best, but you await an answer for two weeks. Until you're able to consult with an experienced real estate attorney for the most meaningful input, as a general matter, a seller's commission obligations to the agent... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: I live in NY and want to pay off private mortgage early.

Mortgage has 8 years left and the mortgage holder says, I have to pay all the interest on it, as if, I were to take the 8 years left to pay? I believe this is wrong and possibly illegal? Please advise.

Michael David Siegel
Michael David Siegel answered on Jan 8, 2021

Whatever the document says governs. A prepayment penalty is not illegal. A Federally insured residential mortgage cannot have one, but it is not illegal.

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Does this only apply to renal spaces or does this also apply to owned spaces with the owner living in the space?

Referring to - 2006 New York Code - Unlawful Eviction - 26-521 Unlawful eviction

Toshinori Isoai
Toshinori Isoai answered on Jan 4, 2021

Very likely yes. It's not about whether the landlord/owner is living in the building or space. It's about whether you are lawfully occupying the dwelling unit, has a valid lease, etc. If you are a lawful occupant, then any attempt by the owner/landlord to evict you for not-legally... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: “Tenant will pay its pro-rata share of property tax increases over the Tenant's 2021/22 base year 20% of tax increase.

It’s a paragraph from commercial lease.

Toshinori Isoai
Toshinori Isoai answered on Jan 4, 2021

I don't see a question here, but the clause is not unique in commercial lease in NY. That's among the terms and conditions where lawyers for the parties involved negotiate vigorously for their clients.

2 Answers | Asked in Real Estate Law for New York on
Q: Property in NYC, there are 3 beneficiaries in the family, equal parts-myself, mother and brother. I am the executor of

The estate, citizen in the US, my brother and mother have no permanent residency. My brother signed a contract with a real estate behind my back. Does that contract is even valid provided I’m the one with Letters of Administration issued by the Queens Court. Also, when completing possible sale,... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 29, 2020

Brothers contract is not valid. Whether only your signature is required depends upon the terms of the will and how the property was titled. If the property was left to the three of you, a sale requires all three signatures.

View More Answers

2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: How can my cousins in Maine gift me a piece of family land that is still in my great-great grandmother's name?

My cousin's father paid taxes on the land all of his adult life.

When he died, the town sent the bills to my cousins. They have been paying the taxes on the land for about 40 years.

They would like to gift the land to me, but title search shows the land still in my great-great... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 2, 2020

You need a Maine lawyer. If it goes back that many generations, the title issues might make this an impossible mess.

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for New York on
Q: Estate Law Question I am a beneficiary for two properties of my late relatives.

I am a beneficiary for two properties. One of the properties I currently live in and the deed is half in my name. The other half is in my late relatives name. The second property I am owed half from the sale of the administrator. No wills were left from my late relatives. I went to mediation and... Read more »

Victor M. Feraru
Victor M. Feraru answered on Dec 1, 2020

Did you go at this along, representing yourself? I need a lot more information before I can give you a better answer. There are too many what if's.

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: My friend died and left me the house we lived in. I have the will and the death certificate. What do i do next?

Is there a time period in which this must be done?

Benjamin Z. Katz
Benjamin Z. Katz answered on Dec 1, 2020

You must file a petition in Surrogates Court to be given power to probate the Will and administer the estate, which would include transferring the house.

View More Answers

3 Answers | Asked in Real Estate Law for New York on
Q: call time is of the essence.

I am selling a property and the buyer was supposed to close 2 months ago. i want to call time is of the essence. What is the minimum time i have to give them legally. can it be a week or 2 or it has to be a full month?

Elaine Shay
Elaine Shay answered on Nov 30, 2020

It is customary to give 30 days but your contract must be carefully analyzed to assure that a time is of the essence demand is property made and delivered to the purchaser. In addition, arrangements should be made to schedule the closing and have a court reporter present to document that the... Read more »

View More Answers

2 Answers | Asked in Real Estate Law for New York on
Q: Is it possible to back out of a lease for an apartment before you move in?

I have recently signed a lease but have not moved in yet and I’ve been moved to part time at my job and will now not be able to afford it.

Elaine Shay
Elaine Shay answered on Nov 30, 2020

Based upon your changed circumstances, the landlord may be willing to release you from your lease but is not obligated to. It is likely that the landlord will try to retain any money you have already paid. It may be to your advantage to retain an attorney to negotiation a surrender on your behalf.

View More Answers

3 Answers | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for New York on
Q: I bought a house with a "friend", realizing too late I've been manipulated. Can I "break" our agreement?

I should have gotten a lawyer to represent my interests at the time, but our co-homeowner agreement seems very lopsided now. I don't want to sell or take on another mortgage, but I need some kind of relief from the onerous conditions she keeps imposing. These include limiting my privacy,... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 28, 2020

One option as a starting point could be to arrange a consult with an attorney to review the agreement. Without seeing that, it could be difficult for an attorney to advise meaningfully, solely based on general principles of contract law. Good luck

Tim Akpinar

View More Answers

1 Answer | Asked in Real Estate Law for New York on
Q: My father has land in Puerto Rico. I am going to purchase his part of the land. My dad has the deeds of the property.

The property has not been divided as of yet. My dad gave me his portion of his land. I want to purchase it . How do I do this. He lives in Florida, I live in NY.

Elaine Shay
Elaine Shay answered on Nov 21, 2020

Since the laws differ by State or Territory and the land in in Puerto Rico, you're question would be better directed to a legal practioner in Puerto Rico.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: Title company found my moms maiden name on the title and she has since passed but I’m trying to sell it, what can I do?

My mom passed over a year ago and we had the deed set up as joint tenants with right of survivorship. The title company just notified me there is no evidence of her passing since she was married and her death certificate states my step dads last name. Is there any way to avoid probate and prove to... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Nov 19, 2020

A copy of the marriage certificate should be sufficient proof of the name change. This would require communication with the title company to determine what else is concerning it.

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Real Estate Law for New York on
Q: How can I buy a land For my kids..kids will be shareholder of the new company..

Hi everyone..I am planning to buy a land (its in the commercial zone) for my 2 kids..I want them to be owner of the property..The problem is they are just kids, 5 and 7 years old..and I divorced long time ago.. I have joint custody with my ex..my kids are not living with me..My ex has the physical... Read more »

Michael H. Joseph
Michael H. Joseph answered on Nov 17, 2020

Probably, creating a family trust is the best option to suit your needs.

View More Answers

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: How can I fight to contest rpa871.My neighbor is requesting to have my fence remove from on my boundary line.

I’ve lived at this property for over 10 years they recently purchased their property which is already fenced

Toshinori Isoai
Toshinori Isoai answered on Nov 17, 2020

We need more factual background to better answer your question.

If your fence height is less than the legal max and it's located on your property, then RPAPL § 871 won't help the new owner requesting for removal of your fence unless it's encroaching on his/her land.

3 Answers | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: If the owner of life estate deed dies. Does the beneficiary need to go thru probate to sell the property?
Benjamin Z. Katz
Benjamin Z. Katz answered on Nov 13, 2020

When a life tenant dies, the owner of the property has full rights. In other words if a property is deeded to A, reserving a life estate for B, when B dies, A has full rights to transfer or sell.

View More Answers

2 Answers | Asked in Real Estate Law for New York on
Q: Is there a statute of limitations on title liens in NY
Toshinori Isoai
Toshinori Isoai answered on Nov 13, 2020

The answer depends on what you mean by "title liens." If you mean liens like mortgage, there is generally no statute of limitation (SOL) of any kind. But if you mean other types of liens such as judgment liens, then certain SOL apply, but these liens are often renewable. by the lien holders.

View More Answers

1 Answer | Asked in Real Estate Law for New York on
Q: hi, someone i know recently moved into an apartment with lots of mold that they didn’t know was there

they are now experiencing health problems from said mold and yet their landlord won’t release them from the lease. what can be done about this?

Toshinori Isoai
Toshinori Isoai answered on Nov 13, 2020

Assuming that this is in NY, there is an implied warranty of habitability under the New York Real Property Law § 235-b. If your landlord doesn't repair the qualified conditions, then you have the right to withhold the rent. If the filthy condition has been established as well as its serious... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.