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New York Real Estate Law Questions & Answers
3 Answers | Asked in Real Estate Law for New York on
Q: Two borrowers (not married) on a Joint Mortgage - one moves out, other stays

Two borrowers on a Joint Mortgage (since 2016) - one borrower moves out over a year ago, other borrower stays in the house with their own kids. The borrower that moved out is now telling the borrower who still lives in the property, that they want to either get "paid their portion of the... View More

Carl Nelson
Carl Nelson
answered on Feb 6, 2024

You've only used the term"borrower," which is distinct from any ownership interest in property, but because you refer to being on a mortgage, I would assume you both have an ownership interest. In that respect, it is possible for one co-owner of a piece of property to seek to... View More

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1 Answer | Asked in Real Estate Law for New York on
Q: lien against my house will it expire after 10 years if the lien is renewed, will it carry the fee from the prior lien ?

The lien in in Nassau county NY

Peter J. Weinman
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answered on Feb 2, 2024

A lien against your house in New York is good for ten years and can be renewed for another 10 years. The amount of the lien remains the same once renewed but the statutory interest of 9% annually continues to accrue, and the lienholder will be entitled to interest through the date of payment.

1 Answer | Asked in Real Estate Law for New York on
Q: My daughter.was recently on the deed alone. Legally she is power of attorney. I'm still holding the mortgage alone. Ca

Can I transfer the mortgage to her

Carl Nelson
Carl Nelson
answered on Feb 2, 2024

It would be helpful to clarify your terminology. First, I’m not clear what you mean by your daughter is a power of attorney? Who does she hold this power for? If she holds the deed and you hold the mortgage, I’m not clear what the relevance of the POA is.

Second, when you say you...
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2 Answers | Asked in Real Estate Law for New York on
Q: My ex boyfriend and I are co-owners of a house. The new agreement says I have sole & exclusive residency of the property

Do I have to let him in the house when he shows up?

Peter J. Weinman
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answered on Feb 2, 2024

One owner cannot oust/evict another and so if he's on the deed - absent a written agreement to the contrary - he has a right to access. Your "new agreement" might be such an agreement, but we'd need more information in order to answer your question. Assuming the new agreement... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: My ex boyfriend and I are co-owners of a house. The new agreement says I have sole & exclusive residency of the property

Do I have to let him in the house when he shows up?

Peter Klose
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answered on Jan 31, 2024

There are many "layers" to your question. First, you say "new agreement" -- does the agreement handle this issue. More importantly, do you intend to separate the ownership by doing a "buyout" of his interest. Do you have any legal restraints upon his presence in... View More

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1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: I am a service contractor in NYC and work with many real estate property management companies.

The property manager signed a 1-yr weekly service contract with my firm. I was just informed they wish to terminate the agreement immediately, which is 9 months short of the 1yr term. How can I hold them to this contract if they will not permit my staff from entering the building?

T. Augustus Claus
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answered on Jan 10, 2024

To enforce the service contract with the property management company in NYC, you should carefully review the terms and conditions outlined in the agreement. If the contract specifies a one-year term, the property manager may be obligated to fulfill the entire duration unless there are valid reasons... View More

3 Answers | Asked in Real Estate Law for New York on
Q: Can a person be sued for not disclosing proposed actions to a neighborhood if that information is already public info.?

To keep it simple, "Can a person be sued for not disclosing information that has already been made public?"

Relates to real estate home sale.

Tim Akpinar
Tim Akpinar
answered on Jan 26, 2024

Addendum - A real estate attorney familiar with public records and notices could advise more definitively on this - some matters might be considered public records, but it could also depend on the burden of effort needed to locate them, and the timeliness in which they could show up, whether liens,... View More

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3 Answers | Asked in Real Estate Law for New York on
Q: Can a person be sued for not disclosing proposed actions to a neighborhood if that information is already public info.?

To keep it simple, "Can a person be sued for not disclosing information that has already been made public?"

Relates to real estate home sale.

T. Augustus Claus
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answered on Dec 28, 2023

In the context of real estate transactions in New York, a person may not typically be sued for failing to disclose information that is already public knowledge. If the information in question is readily available to the public and does not involve hidden defects or undisclosed issues, there might... View More

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1 Answer | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for New York on
Q: Can you live in a tent on private land in monroe county new york?
T. Augustus Claus
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answered on Nov 30, 2023

In general, residential areas in Monroe County are zoned for single-family homes. This means that you would need to have a permit to live in a tent on private land in a residential area. However, there are some exceptions to this rule. For example, you may be able to live in a tent on private land... View More

1 Answer | Asked in Real Estate Law and Estate Planning for New York on
Q: Hi, Can I sell my portion of a house in PR?

My mom has a house in PR that she is renting out. She is still alive and has said when she passes she wants me and my sister to have it.

Me and my sister don't agree on what to do with the house. I want to sell it, as I don't want to be a landlord to a house in PR while living in... View More

Carl Nelson
Carl Nelson
answered on Nov 30, 2023

It does not appear you have any interest to sell. Your mother indicating she wants to do something in the future, even if committed to a binding will, does not give you any legal or equitable right to the property.

There are certain things you could do during her lifetime, such as...
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2 Answers | Asked in Real Estate Law for New York on
Q: Me and my ex partner verbally agreed that I would refinance the house and buy her part, do I have to sell?

Now she changed her mind and wants to sell the house, Can I be force to sell the house or what are my options?

James L. Arrasmith
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answered on Nov 30, 2023

In your situation, the enforceability of the verbal agreement to refinance and buy out your ex-partner's share in the house depends on the specifics of your case and local laws. Generally, verbal agreements can be challenging to enforce, particularly in real estate transactions, as they often... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: My 2 brothers are on the deed with my mother in the state of Florida. If she dies do I have any rights to the house?
T. Augustus Claus
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answered on Nov 29, 2023

Whether you have any rights to the house if your mother dies depends on the specific circumstances of the situation. If your mother has a will, the will will control who inherits the house. If your mother does not have a will, the house will pass to her heirs according to Florida's intestate... View More

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1 Answer | Asked in Real Estate Law for New York on
Q: I want to sue my neighbors, the seller's broker, and the seller

I bought a house in 2022, a few days before the closing, my attorney told me that the neighbor's fence encroached about 2 feet inside of my property. I told the seller that they have to fix it, otherwise, I am not going to close the house. on the closing day, I asked the seller to fix the... View More

Elaine Shay
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Elaine Shay
answered on Nov 14, 2023

It's very unfortunate that you are having these issues with the property you so recently purchased. You are describing a complex issue that will require the examination of the documents executed at closing as well as other records to properly guide you. Therefore, it is not the type of... View More

1 Answer | Asked in Real Estate Law for New York on
Q: Re: N.Y. Real Estate License Law of November 2014, a property manager collecting money must have a real estate license

I found out that the property management company managing the building where I own a tiny, basic 1-bedroom co-op apartment in New York City is founded and headquartered on another continent and has no real estate license in New York or any other state, for that matter. My maintenance was raised by... View More

James L. Arrasmith
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answered on Nov 13, 2023

Under New York law, property management companies involved in collecting rent or maintaining rental properties typically need to be licensed as real estate brokers. This requirement is outlined in the New York Real Property Law and the regulations set by the New York State Department of State.... View More

2 Answers | Asked in Real Estate Law and Personal Injury for New York on
Q: Am I responsible if I allow someone to launch their boat from my property and there is an injury or damage to property

I have an easement on my neighbor’s property to access the water and install a dock. My neighbor allows people to launch their boats on his property resulting in a constant flow of traffic. Is my neighbor liable if someone gets hurt on our easement or if our property in the water (dock,boat) is... View More

James L. Arrasmith
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answered on Nov 12, 2023

In New York, liability for injuries or property damage occurring as a result of someone using your neighbor's property to launch boats can be complex. Generally, the owner of the property where the injury or damage occurs may be held liable, especially if negligence can be established.... View More

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2 Answers | Asked in Real Estate Law and Personal Injury for New York on
Q: Am I responsible if I allow someone to launch their boat from my property and there is an injury or damage to property

I have an easement on my neighbor’s property to access the water and install a dock. My neighbor allows people to launch their boats on his property resulting in a constant flow of traffic. Is my neighbor liable if someone gets hurt on our easement or if our property in the water (dock,boat) is... View More

Tim Akpinar
Tim Akpinar
answered on Nov 11, 2023

A boat owner who is injured (and their guests) could name both property owners and try to connect both to any kind of claim. In terms of actual liability arising from negligence on the part of the property owners, that would need to be sorted out on a fact-specific basis. A court could recognize... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: can a real estate agent have the in side of my house demoed with out my permission and if not what rights do i have

my mother died from coronavirus i had to sell the house in order to pay back a reverse mortgage. The real estate agent asked for the key

so he could show the house i returned to the house to retrieve my belongings everything was thrown away i had no chance of recovering any of my items

James L. Arrasmith
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answered on Nov 12, 2023

An agent cannot authorize demolition or disposal of property inside a house without explicit permission from the owner or legal authority. If your property was demolished or your belongings disposed of without your consent, this could be a serious breach of professional duties and possibly a legal... View More

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1 Answer | Asked in Criminal Law, Employment Law and Real Estate Law for New York on
Q: I have a sealed expunged felony conviction in ohio, but want to obtain my NYS RE License. Do I have to disclose?

I have a class e felony conviction in the state of Ohio from 15 years ago. The judge ordered a restoration of all rights, and sealed/expunged my record after serving probation. I want to obtain my NYS Real Estate license, and it is an automatic disqualification if convicted of a felony, but do I... View More

James L. Arrasmith
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answered on Nov 4, 2023

When applying for a New York State Real Estate License, you are required to disclose all prior convictions, even if they have been sealed or expunged.

New York State does not recognize the expungement or sealing of convictions from other states in the same way. It's important to...
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1 Answer | Asked in Real Estate Law for New York on
Q: Real estate rights

Iown my mobil home and pay lot rent, water and sewer bill to the property owner. I had a water main line break under my mobil home on 10/17/2023. I called and put in an emergency maintance request via their answering service. I as well as neighbors and the fire department tried to reach the... View More

James L. Arrasmith
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answered on Nov 4, 2023

If you own your mobile home and are renting the lot, the responsibility for repairs can depend on the terms of your lease agreement. Generally, the landlord is responsible for maintaining essential services like water. If there's a delay in repairs that makes your home uninhabitable, you may... View More

2 Answers | Asked in Real Estate Law for New York on
Q: House is in girlfriends name. I have paid mtg for over the last 2 years. Can I sue to get money back

I paid mtg fir last 2 1/2 years. I give money each week for hOuse expenses. She doesn’t work sbd hasn’t worked in over 2 years since Covid

James L. Arrasmith
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answered on Nov 4, 2023

If you have been paying the mortgage and house expenses for a property that is not in your name, you may have some options to recover those funds, depending on the circumstances surrounding the payments. New York courts may recognize contributions toward the mortgage as creating a type of implied... View More

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