New York Real Estate Law Questions & Answers

Q: Does the law of habitability apply to vacation rental? Rodent/mold/insect infestation resulting in respiratory distress?

1 Answer | Asked in Real Estate Law for New York on
Answered on Aug 29, 2016

Perhaps a formal legal demand letter from an attorney would convince the owner to respond, I'd be happy to help and give you a quote for my services, email me at bjanay@lobej.com.
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Q: I just got a summons of foreclosure on my house. Can I send another person besides myself to respond?

1 Answer | Asked in Real Estate Law for New York on
Answered on Aug 25, 2016

Only an attorney is qualified to represent an individual or corporate entity in court, so if the person who you send is a licensed attorney then yes.
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Q: Having huge issues with management company of a condo establishment. that we live in. What are my legal rights?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Aug 22, 2016

The condo association rules would govern. They likely have the right to impose fines, but not arbitrarily or selectively as I'm sure you believe to be the case. I can discuss in further detail, my email address is bjanay@lobej.com
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Q: Can a real estate agency copy information from another real estate agency and collect fees from the consumer?

1 Answer | Asked in Real Estate Law for New York on
Answered on Aug 12, 2016

Sounds like it could be a scam, worth looking into...
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Q: Bought a house and now the neighbor claims that some of our back yard is his.

1 Answer | Asked in Real Estate Law for New York on
Answered on Aug 12, 2016

Probably not. Most real estate transactions involve bargain and sale deeds and the property is bought "as is," it's incumbent on the purchaser to do their due diligence and learn everything they reasonably can about the property that is not hidden. In this case a survey should have disclosed any encumbrance or border issue. You, your lawyer, title company, bank all should've picked up on this if it's legit.
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Q: How does my grandma dying before finalizing the sale of her house effect my father who inherited her house?

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for New York on
Answered on Aug 10, 2016

Your father will have to get letters testamentary issued on your grandmother (and possibly grandfather's) estates in order to sell the property if he has not done so already.

- Barry
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Q: What is the best legal form for a real estate broker in NYS? Thanks.

1 Answer | Asked in Real Estate Law for New York on
Answered on Aug 8, 2016

You basically need two docs as a broker: 1) Listing Agreement and 2) Memorandum of Sale... There are others, but those are the two most highly utilized and often needed ones.
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Q: me and a friend won a bid at a tax auction in ny now he wants to back out i dont have the money to close

1 Answer | Asked in Real Estate Law for New York on
Answered on Aug 8, 2016

No, but email me privately to discuss some alternatives. My email is bjanay@lobej.com
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Q: THE SELLERS DIDNT CLOSE ON TIME CAN I GET MY HOME INSPECTION FEE THE APPRASIAL FEE AND LAWER FEE BACK

1 Answer | Asked in Real Estate Law for New York on
Answered on Aug 1, 2016

In all likelihood no, those fees you paid were part of your due diligence, usually the buyer bears the cost of their own due diligence and only if there is a contractual provision that states otherwise would you be able to get that money back. I wouldn't allow any client of mine who is selling property to sign a contract where a provision like that existed in favor of a prospective purchaser.
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Q: Do I need sprinkler system for 100 year building in Manhattan. The size of the building is 27x42 and has 4 stories.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Answered on Jul 29, 2016

Don't count on it. You need to talk to an architect. However understand just because you try to McGyver your way out of a regulation doesn't mean the regulating authority has to bite. Talk to the historic preservation groups--there may be funding to help you if you agree not to trash the facade etc.
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Q: My boyfriend of 20 years, myself and his mother purchased a home in NY. My boyfriend and myself have the mortgage.

1 Answer | Asked in Real Estate Law for New York on
Answered on Jul 22, 2016

You can buy his interest, he can buy your interest, or you can start a partition action, that will likely result in the sale of the property. In any event, the mortgage would have to be satisfied in order for this to work.
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Q: Are there any prohibitions or restriction on renting office space or commercial space by the hour, day, week, etc in NYC

1 Answer | Asked in Real Estate Law for New York on
Answered on Jul 22, 2016

Generally no, there are no restrictions on office space. There are however of course zoning restrictions, but most of NYC is "mixed use" commercial and residential. To most accurately answer your question we'd need to review the exact location.
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Q: transfer money from abroad for real estate purchase

1 Answer | Asked in Immigration Law, International Law and Real Estate Law for New York on
Answered on Jun 5, 2016

Talk to an experienced immigration attorney
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Q: Hi my mother died on this Jan 21 my twin sisters who are disabled always lived with her and mom left them the house

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for New York on
Answered on Feb 7, 2016

If the Deed is not in their names the Will must be probated through surrogates court. The cost and length of the probate process will depend on the complexity of the estate.
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Q: Can a new York State licensed home inspector inspect a home in New Jersey and have his findings hold up?

1 Answer | Asked in Real Estate Law for New York on
Answered on Nov 10, 2015

If he is not also licensed in New Jersey, and if New Jersey requires that inspections be done by a licensed inspector, no.
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Q: I bought a timeshare in FL and can no longer afford it. I also have only been able to use it once. I have been unable

1 Answer | Asked in Real Estate Law for New York on
Answered on Nov 3, 2015

Florida does judicial foreclosures. In a nutshell this means that the secured party (who you make the timeshare payments to, I imagine) would sue you to foreclose its mortgage. The property is sold, and if it brings less than what you are owed, a judgment would be entered against you for the difference (the "deficiency").

You might want to confer with a bankruptcy attorney in your state of residence (New York, apparently) about filing for bankruptcy protection. It might be possible...
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Q: Is the property mine or my neighbors?

1 Answer | Asked in Real Estate Law for New York on
Answered on Oct 29, 2015

Of course it isn't theirs just because they say that it is. Chances are that, even if there was some mistake with the survey, you own it by the doctrine of adverse possession (if nothing else).
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Q: A friend of mine is living in a house. The deed is in her mother and fathers name.

1 Answer | Asked in Real Estate Law for New York on
Answered on Oct 26, 2015

Probably. Your friend needs to go see a foreclosure attorney in PA about this.
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Q: A neighbor entered my property while I was out and sawed off a huge limb of my magnolia tree. What are my rights?

1 Answer | Asked in Real Estate Law for New York on
Answered on Oct 26, 2015

You can hire an attorney and sue or you can report the crime, he will be arrested and charged, and perhaps you could get an order entered that he has to pay you restitution.
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Q: WHO owns this property??

1 Answer | Asked in Real Estate Law for New York on
Answered on Oct 21, 2015

The father and his daughter are dead, and the daughter's husband is still alive? It would seem to belong to the father's son-in-law (widower of father's daughter).
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