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New York Real Estate Law Questions & Answers
2 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

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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.

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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.

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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.

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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 »

2 Answers | Asked in Real Estate Law for New York on
Q: I have a weird question. Can closing/real estate lawyer steal broker commission?
Michael David Siegel
Michael David Siegel answered on Nov 12, 2020

Not legally, but logistically it is possible for it to happen, as many brokers do not come to a closing to get their check.

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1 Answer | Asked in Real Estate Law for New York on
Q: If I’m moving can I remove a floor that I paid for and put down
Tim Akpinar
Tim Akpinar answered on Nov 8, 2020

You could add Landlord-Tenant as a category here, as this is an issue L-T attorneys are confronted with. A landlord-tenant attorney would probably ask you what physical actions would be involved in removing your floor - and whether the process would be destructive and leave a surface that looks the... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: If I put down a floor then I move can I remove it
Toshinori Isoai
Toshinori Isoai answered on Nov 7, 2020

More specifics will need to be disclosed to better answer the question. Assuming that your situation concerns New York, usually, it depends what the lease says. Sometimes you have the obligation to return the premises in the same condition as existed when leased. Sometimes, the lease says you can... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: My Mom was sick and I was sole heir to her estate upon her death I switched the will to my sons name with an agreement

I needed to have no assets at time because of health ins issues My wife had cancer and I lost my job So being power of attorney for her I switched the will to him with a verbal agreement that it would be split up later Also two other sons. Since then he put his girlfriend on the deed to secure a... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 3, 2020

You may want to repost this with Probate and Estate Planning added as categories - you are mentioning a will, being an heir, and an estate. There's no guarantee that every post is picked up, but you might have better chances of a response in those sections. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for New York on
Q: Hello my mother was co-owner of land in Puerto Rico with her boyfriend who passed away. Who owns the land now?

The boyfriend had estranged children but no will.

My mother wants to now pass the deed to my daughter but doesn’t know where to begin.

Tim Akpinar
Tim Akpinar answered on Oct 30, 2020

Your post remains open for two weeks. There's no guarantee all questions are answered, but you try reposting under Puerto Rico (click the link - "Show More States") and adding Probate and Estate Planning as categories. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for New York on
Q: My grandfather left land to my dad in PR and my dad never. My father has since passed. Will that land come to us?

The land has to be divided amongst my dad and his siblings but we have no paperwork from the land and is located in Yabucoa PR

Elaine Shay
Elaine Shay answered on Oct 26, 2020

Although your post doesn't provide enough information to give a definitive answer, it is possible that you and your father's siblings have a claim to the property. Since the property is in Puerto Rico, you should check with a lawyer there.

1 Answer | Asked in Civil Rights, Real Estate Law and Land Use & Zoning for New York on
Q: Can I be imprisoned and fined $1000 for putting a dumpster in my driveway for 10 days! Im being discriminated

No one else in town has to be fined it even says so in an article the town put in the post journal! It is my first offense and they stated that no fines for first time offender I have a dumpster so I can dispose of things because I’moving and a trailer that I put unwanted things in to take to the... Read more »

Toshinori Isoai
Toshinori Isoai answered on Oct 26, 2020

I don't know where you reside, but dumpsters are often regulated at a local/township level. Some cities have ordinances that require you to obtain a "dumpster permit" even if it will be placed on your private property. You may want to contact your local/city/municipal township for... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Does a retainer fee have to be paid all at once And can the rest be paid at closing Real Estate Law
Toshinori Isoai
Toshinori Isoai answered on Oct 23, 2020

It can be paid at once or payment in installment should be ok. How it's paid is up to you and your attorney. As long as both you and your counsel agree to the payment method, it will be lawful. You may want to make sure how it's paid is set forth in the retainer agreement.

2 Answers | Asked in Real Estate Law for New York on
Q: what are the pros and cons of land lease buildings

i have to move. i saw a coop in my budget but dont want to get into some deal that comes back to bite me in a few years

Michael David Siegel
Michael David Siegel answered on Oct 22, 2020

You have to distinguish between a private land lease and a public. The public ones, like Hudson Yards are fine. The private ones should be avoided. There are no pros.

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1 Answer | Asked in Real Estate Law, Elder Law, Estate Planning and Probate for New York on
Q: Daughter has POA for mom, brother has letter of administration for same property. How do we sell home in NYC?

If we do find a buyer, are 2 different checks cut...one in my decease dad’s name and one in my living mother’s name? Please reply only if you are familiar with NY state laws. My POA is for my mom who is still living. The letter of administration is for my deceased father.

Vincent Gallo
Vincent Gallo answered on Oct 17, 2020

A power of attorney ceases to have any effect upon the death of the person granting the power of attorney.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Landlord attempted to enter my apartment forcibly.

Landlord claimed to smell illegal drugs, he attempts to push me out the way to enter the appartment, I informed him that's illegal, if he think I'm doing something illegal, call the cops, he did so, they found nothing because I don't any type of drugs. What made me mad is the fact he... Read more »

Elaine Shay
Elaine Shay answered on Oct 14, 2020

You can file a police complaint. You could also file a civil case against the landlord to prevent future attempts to push past you; however, most would not want to invest the funds necessary to litigate the matter and instead simply take precautions such as setting up video recording equiptment in... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: Is an estate responsible for fixing a leaking roof that was pre-existing prior to the beneficiary signing the deed?

A home that is part of an estate has a leaking roof, as well as missing shingles, and a leaking chimney. The executor of the estate knew many weeks ago that the roof, and chimney had a leak when the home was appraised approximately 3 months prior. The executor did not share this information with... Read more »

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

If this was a specific bequest, the estate is not responsible. You get what you get, as is. If it was a sale by the executor, the contract governs.

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