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: He Hello I was wondering i am involved in a scam on craigslist because the thing is the persons offer me a Deal

Hello I was wondering if I am involved in a scam on craigslist because the thing is the persons offer me a Deal too good to believe and utilities included for $900 a month furnished. Including laundry free an gym. How can I detect if it’s real and not scam ? What should I do. It’s in Manhattan

Victor M. Feraru
Victor M. Feraru answered on Sep 2, 2020

I think trusting your gut is correct. Normally if something seems too good to be real, it is. There are a number of things you can do to make sure you don't get scammed: cross reference the address, google the apt's agent, never rent sight unseen, and vet the person who is offering... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: Options needed to purchase house from parent.

My father owns a house free and clear that he would like to sell to me. He does not live in the house but maintains it. He also has another house where he lives with his wife. I need to stay in my current home until kids graduate in 2024. My father is 87 and not in good health, he may not be around... Read more »

Elaine Shay
Elaine Shay answered on Aug 31, 2020

If your father is agreeable to delaying the receipt of the proceeds from a sale of the property, he could sell the property to you now and take back a baloon mortgage that becomes due at the time you intend to be ready to move. This way the purchase price and sale are confirmed and you become the... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for New York on
Q: Can sister in charge of the estate sell everything without my permission

I got a check and no details of what it was for. Now the younger sister taking poperty without permission of all 3 of us. Can she do this

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

Probably not but it depends on what the will says she can do. You can always ask the court for an accounting, and dispute it.

2 Answers | Asked in Real Estate Law for New York on
Q: How long should it take to transfer an inherited property from the trust of the deceased to that of the beneficiary?

I've inherited a rental property in NY through my deceased mother's (formerly) revocable living trust. I live in another state and have been trying to get this completed through a recommended real estate lawyer in NYC, but it's been over a year since I retained her and not much more... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 27, 2020

No. Something is amiss. It should take a week. I am not even sure why you are doing a title search, etc.

View More Answers

2 Answers | Asked in Real Estate Law for New York on
Q: My father signed me over a property quit claim, he has a heloc on it but won’t pay. Is there anything I can do?

He has Alzheimer’s and his wife took over all finances. I live on the property but I feel like she will let it forclose just to spite me. Is there anything that I can do?

Elaine Shay
Elaine Shay answered on Aug 26, 2020

You can make the payments yourself but quit claim deed wouldn't entitle you to force someone else to make the payments

View More Answers

1 Answer | Asked in Real Estate Law for New York on
Q: During the recent tropical storm my neighbors tree fell into my yard destroying my shed and content . Is he liable ?
Michael David Siegel
Michael David Siegel answered on Aug 24, 2020

Yes. But make a claim on your own insurance and they will claim on his. If it is below your deductible, you can sue your neighbor so he can claim on his insurance.

2 Answers | Asked in Real Estate Law for New York on
Q: three siblings own a property. One wants to sell other two can't afford to buy them out. Two want to keep property.

All three own the property one wants out. Other two want to keep property. Do the two need to sell because they can't afford to buy the one out?

Mitchell A. Nathanson
Mitchell A. Nathanson answered on Aug 20, 2020

Short answer. Yes.

View More Answers

1 Answer | Asked in Real Estate Law for New York on
Q: C/O never obtained from previous homeowner before selling the house to us. What can we do???

They said they were working on getting final sign off when covid 19 hit... Now it's been a year since we owned the house and still no C/O...what can we do????

Elaine Shay
Elaine Shay answered on Aug 18, 2020

If you are asking about what you can do with respect to previous owner that you purchased from that depends in large part in what happened at your closing. DId you agree to close on a handshake that this issue would be taken care of or was there an escrow agreement and funds deposited to secure... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for New York on
Q: My property in Queens has been empty 4 yrs. I'm paying my mortgage. But squatters moved in 12 days ago. What to do?

I'm having trouble finding honest property managers who are not looking for me to just give them card blanche to my property... take advantage of my situation. Is it time for a lawyer yet. I'm afraid to go to the house Myself because the squatters were a major part of the reason I left my... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 17, 2020

The squatter thing is a whole issue, since you cannot evict people now, and even squatters have rights as tenants. You need to call the police and report it as a break in. Waiting so long is an issue. There are honest property managers, but in a small building that generates little income, it is... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Own a cottage on a lake in upstate New York, he hasn't paid us any money since 2016 for taxes or any Bill's. Sent him 2

Certified letters. Someone told me if hasn't paid his half of taxes, we can claim the other half of cottage.

Michael David Siegel
Michael David Siegel answered on Aug 16, 2020

Co-owners who are in dispute about the property can be sued in a partition case, which in theory leads to a sale but usually settles on some deal. You cannot just claim the property.

1 Answer | Asked in Real Estate Law for New York on
Q: Selling my second property. Buyer signed contact and was due to close July 1st. It’s 6 weeks past estimated closing

There have been issues with their lender. Their lender has now said it will take several more weeks. After a time is of the essence letter, what can we do to make up for all this lost time and other potential offers?

Michael David Siegel
Michael David Siegel answered on Aug 13, 2020

Practically, nothing. If you return the deposit you have to start over. If you keep the deposit they will sue and put a lis pendens on your property. That will preclude any deal. In COVID everything takes longer. Your contract governs your rights.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: My daughter & her boyfriend both are attending SUNY Cobleskill in Cobleskill NY, her boyfriend is renting an apartment

off campus, as he did the last 2 semesters. He was told by his landlord that he's adding to the lease that any company he has over cannot sleep in the living room (on the couch) only in the tenants bedroom. Is this something he can do? Tell a tenant where his company can & cannot sleep,... Read more »

Elaine Shay
Elaine Shay answered on Aug 13, 2020

The landlord is overplaying his/her hand. Refer to Real Property Law 235-f. Here is a summary:... Read more »

2 Answers | Asked in Bankruptcy, Immigration Law, Real Estate Law and Workers' Compensation for New York on
Q: What made you become a lawyer? What do you wish you knew at my age (15)? How do I become a lawyer? Any pros and Cons?

I am doing an interview for a summer program and would like true answers if possible.

Tim Akpinar
Tim Akpinar answered on Aug 13, 2020

You are very young now, but it is good that you set your goals so early. When you get to college, concentrate on keeping good grades and when you get to that point, you could look into an exam called the LSAT. For now, you can read about the profession and try to learn as much as you can. Learn... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for New York on
Q: My father passed away in NYC with no will in April he left a property in Pennsylvania which is really my aunts because

He Helped her with his credit we know the house is my aunts and we want to leave it in her name what do we need to do? We don’t have much money for lawyers fees and all that my aunt is 57 and lost her job due to the pandemic but she doesn’t want to lose her house what forms can she fill out and... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 11, 2020

Having not done proper planning in advance, there are no shortcuts here. If this is your father's only asset, you can likely hire a PA attorney to do a non-domicilliary administration proceeding. If there assets in NY, even small, then you need to do an administration here, and a ancillary... Read more »

3 Answers | Asked in Real Estate Law, Probate and Estate Planning for New York on
Q: Im being sued for my house that my parents gave to me in 2009 they had me take over the bills and signed a promissory

note stating they can't take care of the home expenses and was giving the house to me fast forward to 2018 my mom passed away in January and in February a deed transfer was made taking my mom off the deed and adding myself along with my dad to the deed in April another deed transfer was made... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 10, 2020

These cases turn on the facts. You must answer it and not default. The fact the deeds were done by a lawyer and notarized helps, as long as those people will testify for you. However, you are years away from that issue. For now, you just need to respond. The manner of the response depends on... Read more »

View More Answers

2 Answers | Asked in Real Estate Law for New York on
Q: Seller refusing to return the downpayment when we backed out before the sellers signed the contract

I signed the contract and wired the deposit however sellers weren't signing the contract for several days and I decided to withdraw as this wasn't the first red flag. Now they are not responding at all to requests to refund the deposit. Since they didn't sign the contract, I... Read more »

Elaine Shay
Elaine Shay answered on Aug 7, 2020

You will need to commence a lawsuit and the sooner the better. Strongly consider retaining counsel immediately.

View More Answers

2 Answers | Asked in Civil Litigation and Real Estate Law for New York on
Q: Being sued in a partition suit in a joint tenancy.
Elaine Shay
Elaine Shay answered on Aug 4, 2020

If you were served with a summons and complaint, you will need to submit responding papers within a specified time depending upon how you were served. Suggest retaining an attorney to do so on your behalf and to attempt to negotiate a resolution on your behalf.

View More Answers

1 Answer | Asked in Consumer Law and Real Estate Law for New York on
Q: I live in Waterford, NY and our lease is about up and don't auto renew. Can he make us leave?

The reason it don't auto-renew is that he emailed me stating that he was not renewing it about 2 months ago. It was a 90 day notice via email. Not in writing. He want's to move in our apartment on September 1st and we can't find a like place around here. My wife is on unemployment... Read more »

Elaine Shay
Elaine Shay answered on Aug 3, 2020

Unless you are protected by a lease or rent regulation, a landlord does not have to renew your lease. However, if you do not voluntarily surrender possession, the landlord must start a court case and obtain a judgment before you can be evicted. If you are current on your rent payments, the Court... Read more »

1 Answer | Asked in Mergers & Acquisitions and Real Estate Law for New York on
Q: Does an easement appurtenant ends when the servient estate obtains title to the Dominant estate?

Or in order for the merger doctrine to be applicable the dominant estate must obtain title to the servient estate?

John Robert Skrabanek
John Robert Skrabanek answered on Aug 2, 2020

Title is taken by an individual or entity, not the land. If the same owner takes title to both the dominant and servient estates, then the easement is extinguished through the "merger" of the estates. I hope this helps answer your question.

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: My mother-widow, 80- owns her house. My siblings want to be on deed to avoid probate. Need help with forms RP5217, TP584

My father died more than 10 years ago, and we wish to remove his name from the deed and avoid future probate by including our names on the deed. My mother will retain ownership of her house, but we'd like to get our names on the deed. How would we define the "condition of conveyence"... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 27, 2020

I charge $500 plus the recording fees to do a deed. It would take less time to do it than explain it.

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.