New York Real Estate Law Questions & Answers

Q: Security deposit. What is the limit for small claims court in west Chester county? Can I sue for triple damages?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Apr 18, 2019
Michael David Siegel's answer
Limit is $3000. Triple damages are for the deposit not being in a segregated account, which is different than withholding it. But you can add that in.

Q: Security deposit

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Apr 18, 2019
Michael David Siegel's answer
Just sue. You can use the address you have for the defendant. It is small claims under $5000 for New York City, and you do it yourself.

Q: What to do if my ex friend (not on our lease) does not leave in 30 days as she has been informed she should?

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Apr 17, 2019
Michael David Siegel's answer
You are going to have to bring a holdover petition in landlord tenant court to do this the right way.

Q: When i sell a main home that was a rental property for 2 years before i sold it, in which i am eligible to have t sectio

1 Answer | Asked in Tax Law and Real Estate Law for New York on
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
Call a CPA or tax lawyer and run this alternative plan by them--before you make a huge mistake.

Q: My mother wants her name off a deed to heir land and wants to transfer it to me. How do we do this?

1 Answer | Asked in Real Estate Law for New York on
Answered on Apr 11, 2019
Elaine Shay's answer
The law and procedures for transferring real property vary between the different states so this question is better posed to a North Carolina attorney.

Q: Can another offer on a home/property be accepted once a purchase offer has been accepted, and documents signed?

2 Answers | Asked in Contracts and Real Estate Law for New York on
Answered on Apr 10, 2019
Elaine Shay's answer
Simply put, it depends. Once you have entered into a contract to purchase property, a seller cannot simply backout because a better offer comes along. However, the issue is at what point you have an accepted offer that results in a binding contract. To evaluate your specific situation, a lawyer would need to review the exchanges that took place and advise you accordingly.

Q: A former tenant is threatening to sue because they believe I overcharged them for a repair.

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Small Claims for New York on
Answered on Apr 10, 2019
Michael David Siegel's answer
Anyone can sue anyone if they pay the filing fee. You also need the lease that says you can charge for repairs of this kind. Nothing in your post suggests a counterclaim.

Q: For a unmarkble title what can I do to fix it

2 Answers | Asked in Real Estate Law for New York on
Answered on Apr 9, 2019
Michael David Siegel's answer
It depends on what the issue is. Some are harder than others.

Q: My former landlord (NY) has not returned my security deposit or responded to a certified letter. How should I proceed?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Apr 9, 2019
Michael David Siegel's answer
You are going to have to sue. Whether it is small claims or higher depends on the amount.

Q: Mortgage holder will not give an answer as to partial lien release. All paperwork submitted 12/2018. "Under review"

1 Answer | Asked in Real Estate Law for New York on
Answered on Apr 9, 2019
Michael David Siegel's answer
A partial release is not required to be given unless the mortgage requires it. It usually is not. You may need to refinance by mortgaging the remaining parcel only.

Q: We have 3 mos left on our lease & the landlord won't share any details re security deposit (3 mos). Can we draw it down?

1 Answer | Asked in Real Estate Law and Small Claims for New York on
Answered on Apr 1, 2019
Michael David Siegel's answer
If you want to not pay rent for three months as a strategy, you can. You risk an eviction case being filed, but it will not likely be resolved in three months. But you would have to answer any summons.

Q: regarding housing and landlord

1 Answer | Asked in Consumer Law, Landlord - Tenant and Real Estate Law for New York on
Answered on Mar 25, 2019
Elaine Shay's answer
Generally, the most appropriate forum to demand repairs in a landlord/tenant situation is in Housing Court through an HP Proceeding. It would be unusual, costly and most probably substantially slower to try to commence a case in Supreme Court to compel repairs.

Q: Can you sew a home seller if you find it had unpermitted small addition added and layout changes since c of o drawings?

1 Answer | Asked in Real Estate Law for New York on
Answered on Mar 23, 2019
Michael David Siegel's answer
If you closed already, no. Your title company should have found these issues, and if critical to you, your lawyer should not have closed.

Q: I live in a house with my 2 boys who are the children of my ex domestic partner. He owns the house and will not

2 Answers | Asked in Real Estate Law for New York on
Answered on Mar 23, 2019
Michael David Siegel's answer
You need to go to Family Court and make this a part of child support.

Q: I am a buyer. I need to cancel signed purchasing real estate contract and get deposit back.

2 Answers | Asked in Real Estate Law for New York on
Answered on Mar 21, 2019
Elaine Shay's answer
Your first step is to speak with the attorney representing you in this transaction. He or she should be familiar with the terms of the contract you signed and should be able to explain to you any options in your contract that might allow you to take the course of action you would like to pursue.

Q: Can my family member buy my house in cash for mortgage amount owed so I can live in it with kids if my husband agrees?

1 Answer | Asked in Real Estate Law and Divorce for New York on
Answered on Mar 20, 2019
Michael David Siegel's answer
Yes. It should be structured as a regular deal with title insurance.

Q: MY NEIGHBOR PUT A BRICK PILLAR FOR A DRIVEWAY GATE ENCROCHED 9 AND A HALF INCHES INTO MY PROPERTY ..HE NEVER PUT A

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for New York on
Answered on Mar 18, 2019
Elaine Shay's answer
It isn't clear what your question is but you are correct to be concerned about a possible adverse possession claim. There is a statute of limitations that can bar you from objecting to an encroachment on your property and by waiting before bringing an action against your neighbor you may lose your right to do so. The law does not protect those who sleep on their rights.

Q: I have lived in my rent stabilized apartment for over a decade now and have never been offered a lease. should I be?

1 Answer | Asked in Real Estate Law for New York on
Answered on Mar 18, 2019
Elaine Shay's answer
Rent Stabilized tenants are entitled to renewal leases. If your landlord refuses to provide you with a renewal lease, you can file a complaint with the DHCR.

Q: My mom is selling her house to another family member without a realtor. She wants to use the same attorney. I don’t

1 Answer | Asked in Real Estate Law for New York on
Answered on Mar 18, 2019
Elaine Shay's answer
With proper disclosure a lawyer may be permitted to represent both the seller and buyer in a real estate transaction. However, that does not make it a good idea!!! Regardless of whether the sale is to a stranger or a family member independent counsel is recommended.

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