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New York Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for New York on
Q: who pay for agent mistakes?

i closed on a property in October 2020? one of the contract clause is that the seller will pay the DOB violation. The title company was supposed to pay for the DOB violation from the proceed as agreed. However, i discover the fund was returned to the seller as a "mistake". how i am... Read more »

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo answered on Apr 2, 2021

Greetings: You should advise the attorney who represented you at closing as to what transpired; have he/she correspond with the Title Company and have them review the "ESCROW AGREEMENT" you signed at closing with respect to this violation.

Best of luck.

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2 Answers | Asked in Real Estate Law for New York on
Q: No the house is not in foreclosure what can the notice of pendency turn it into a foreclosure
Elaine Shay
Elaine Shay answered on Mar 30, 2021

A Notice of Pendency of lis pendens does not have to be associated with a foreclosure. However, an action related to title must be commenced within 30 days.

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1 Answer | Asked in Real Estate Law for New York on
Q: Can my house go into foreclosure when I have a notice of pendency on my property but I have answered the summons
Michael David Siegel
Michael David Siegel answered on Mar 30, 2021

I do not understand the question. You are in foreclosure. Your answer asserts defenses. If they are not sufficient, you will lose the case, and ultimately the judgment in the case will be to sell your house at a foreclosure auction. If you win the case, the house will stay yours.

1 Answer | Asked in Real Estate Law for New York on
Q: If my father does not answer the notice of pendency,the perspective buyer can buy the house?
Michael David Siegel
Michael David Siegel answered on Mar 29, 2021

I am not sure what you are asking. A notice of pendency goes with a lawsuit. You need to answer the lawsuit. A notice of pendency functions like a lien, which preserves the property for the result of the lawsuit. Until the lawsuit is dismissed, it will impact the sale of the property and likely... Read more »

2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: I want to cancel my attorney and real estate deal prior to a contract signing.

Please cancel question.

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo answered on Mar 25, 2021

Greetings:

The short answers are:

1. You can always terminate an attorney client relationship; at anytime;

2. Pursuant to the Statute of Frauds, any binding arrangement regarding real property must be memorialized in writing to be legally enforceable.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: If 2 applicants apply for a rental apartment one section 8 and 1 is a working applicant.

If 2 applicants apply for a rental apartment one section 8 and 1 is a working applicant. Is it violation to Fair Housing if landlord accepted to working applicant over the section 8?

Elaine Shay
Elaine Shay answered on Mar 17, 2021

Housing discrimination based upon source of income is prohibited in most instances in NYC. You may find information on this issue at: https://ag.ny.gov/source-income-discrimination

1 Answer | Asked in Real Estate Law and Intellectual Property for New York on
Q: Should I answer a notice of pendency

The prospective buyer lawyer put a notice of pendency on my property based on the fact that the survey company was not allowed onto the property but then I complied and allow the survey on my property an extended extensions of closing dates and they still have not closed

Elaine Shay
Elaine Shay answered on Mar 17, 2021

Your question is best directed to the attorney handling your closing. If your closing attorney doesn't handle litigation, you should consider retaining real estate litigation counsel to assist.

As for a lis pendens you should be aware of the following legal requirement:

2010...
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1 Answer | Asked in Real Estate Law for New York on
Q: Can I sue a management company for wrongful charges after the sale of a coop apartment in NYC?

I have a brain injury, and live on a disability injury settlement. there was a person at the management company who tried to overcharge me every month, and would send me insults in their monthly statements (I saved all the emails). when I sold the apartment, they told me they can stop the sale if I... Read more »

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo answered on Mar 14, 2021

Greetings:

If indeed there was this impropriety as you describe, you would certainly have grounds to sue.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: Hi my grandmother is the only survivor of her siblings and parents. How can we find out how much land pertains to her?

Currently some family members have built houses on the land. We would like to find out how much land she would currently have? We like to built on the land as well. Not sure where to start? Or how much this would all cost. We have asked some family members but no one seems to know anything. Thank... Read more »

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo answered on Mar 13, 2021

Greetings:

You would need to ascertain who is the vested owner of the property by having a "last deed search" run. Once you are in receipt of the deed, this will reflect who is the "of record" owner of the property. If it is discovered that the land is currently owned by...
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1 Answer | Asked in Real Estate Law for New York on
Q: What happens in a seller stays past the date they were supposed to leave?

We are in the process of closing on a house. The seller would like to stay 7 days past the closing and pay for it. With Covid 19 what happens if she refuses to move out after the 7 days? Could we get stuck with her as a tenant and not be paid for her stay?

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo answered on Mar 11, 2021

Greetings:

What you are referring to is called "post posession". This does NOT create a landlord/tenant relationship..whereby if the Seller stays beyond the 7 days...(their attorney should be holding money in escrow as an incentive for you to allow the post possession)..you will...
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1 Answer | Asked in Real Estate Law for New York on
Q: How to remove former owner from property sold by investor to me. Investor purchased from the bank foreclosure. Ejectment

Do you need to start 713(5)notice or 90 days eviction notice or ejectment

Elaine Shay
Elaine Shay answered on Mar 1, 2021

Generally, after purchasing in foreclosure you may remove a former owner through a Housing Court proceeding. It may be tempting to consider serving your own predicate notices. However, even a small error in such notice can result in dismissal of your entire case after months of litigation. In... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Is a houseshare agreement the same as a lease in New York state?

I had a houseshare agreement, not a standard lease. However, the new law from 2019 states that security deposit must be returned within 14 days. It is now well past 14 days, but my original lease from February 2019 states she has 30 days to return my security deposit. Since we signed a new lease... Read more »

Elaine Shay
Elaine Shay answered on Feb 28, 2021

You shouldn't count on any time periods for notice being enforced during the Covid crisis.

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: My father owns an apartment in PR. His girlfriend lives there 5 days a week and my father got her a membership.

If my father passed away and the apartment is in a trust under my name and my sister could the girlfriend claim squatters rights or say we can’t kick her out?

Elaine Shay
Elaine Shay answered on Feb 23, 2021

Since the laws for property rights vary from State to State (or Territory), a New York attorney cannot answer that question for you. Consider posting your question in the board for that area.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: My fiance and my dtr bought a house and the title is only on her name, can his older kids claim this house in future?

Loan as well as the title. After closing the title will be ONLY ON MY DAUGHTERS NAME

Will my fiance kids (all married) claim the house when hes not around anymore?

Tim Akpinar
Tim Akpinar answered on Feb 20, 2021

You could repost and add Real Estate, Probate, and Estate Planning as categories - those areas of law are closer to the issues you raise than the Family Law category is. Not every question is picked up, but you could have better chances there. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for New York on
Q: I had a promissory note signed and notarized. He borrowed money to buy a house. Can I put a mechanics lien on the house
Elaine Shay
Elaine Shay answered on Feb 18, 2021

Generally, in New Yorkdirect contractors, subcontractors, material suppliers, equipment lessors, laborers, design professionals, and landscape gardeners who performs labor or furnishes materials for the improvement of real property may place mechanic's lien on property due to nonpayment. When... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: My boyfriend who is not on the lease but comes over, sleeps over I gave him keys and he got into an argument with anoth

another tenant because she was startled and didn't know who he was, she is claiming now she feels unsafe to open her door, landlord doesn't know i have a boyfriend, can I get in trouble

Elaine Shay
Elaine Shay answered on Feb 18, 2021

It's unfortunate that your neighbor had an argument with your boyfriend but hopefully you can smooth that over. It sounds as if you are nervous about the landlord finding out you have a boyfriend stay over but that is not something you would usually need to be concerned about as the landlord... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: what happens- if 1/4 family on NYC deed cannot be @ sale/closing- if cannot sign in future & don't want share of equity?
Elaine Shay
Elaine Shay answered on Feb 14, 2021

If one of the owners of a property cannot appear at the closing, the nonappearing owner can give his/her Power of Attorney to someone who will be attending the closing. The person appointed by the Power of Attorney would than be able to sign on behalf of the nonappearing owner.

1 Answer | Asked in Real Estate Law for New York on
Q: Home I just purchased came with two sheds, contract and RPR include them. Paperwork found for rent-to-own shed.

I just purchased a home with clear inclusion of two sheds on the RPR and the Contract. Upon moving in, paperwork was found in a cabinet in a pile left by the owner disclosing that one of the sheds is a rent to own with around 20 payments left. I have already loaded the shed with my personal... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 13, 2021

This is something that an experienced real estate attorney should advise on, but your post remains open for three weeks. If you did not already have an attorney representing you in the matter, you could consider reaching out to one and ask them to review the contract and/or provisions for handling... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Can a co-op board elect themselves at the annual election meeting because no new candidates announced their candidacy?

Our by-laws dictate that the board must have an annual election meeting to elect board members. Because no new candidates announced their candidacy, the board decided not to hold the elections at the meeting and the current Board will remain until the next year.

The by-laws do have strict... Read more »

Elaine Shay
Elaine Shay answered on Feb 9, 2021

In order to give an accurate answer, the By-Laws would have to be reviewed. Some By-Laws will allow the current board to remain in place until a meeting with the proper quorum is present to hold elections or other variations that could make your Board's actions go either way.

1 Answer | Asked in Real Estate Law for New York on
Q: How to obtain a copy of HOI and PIF invoice when buying a home? We are using a VA loan

Our appraisal came in good, and the mortgage bank is requiring us to provide a copy of the HOI and PIF invoice. Can someone elaborate further on what this is and where to obtain these documents?

Derek John Soltis
Derek John Soltis answered on Feb 4, 2021

HOI is Home Owners Insurance. PIF could be paid in full. It sounds like they are asking for you to provide an invoice showing that your homeowner's insurance is paid in full. The simplest way to verify is to ask the bank to explain the acronyms to be sure.

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