New York Real Estate Law Questions & Answers

Q: What rights does a homebuyer have when an offer/binder is accepted based on promises that the seller stated he would do?

1 Answer | Asked in Real Estate Law for New York on
Answered on Oct 17, 2017

New York does not recognize binders. There is no contract, so there is no deal. Any side can walk away.
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Q: Life estate deed holder living in nursing home, can tenants in common sell house?

1 Answer | Asked in Elder Law, Estate Planning and Real Estate Law for New York on
Answered on Oct 17, 2017

Yes, as the life estate is only on his share, not yours.
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Q: If you win the lottery in New York state, are you able to claim it through a Trust or LLC.?

1 Answer | Asked in Contracts, Estate Planning, Gov & Administrative Law and Real Estate Law for New York on
Answered on Oct 17, 2017

Depends, most likely yes you can assign it to an entity such as a trust or limited liability company.
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Q: IN WHICH BRONX COUNTY COURT AREA CAN I OBTAIN INJUCTION TO STOP STREET CONSTRUCTION THAT DRILL INTO MY HOUSE WHAT FORMS?

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for New York on
Answered on Oct 17, 2017

You most likely would have to file a notice of claim with the NYC Comptroller First and then file a suit in the NY Supreme Court, Bronx County.
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Q: (NYC) Is Joint tenancy between 3 people severed now common tenancy for residential house? 2/3 and 1/3 shares?

1 Answer | Asked in Real Estate Law for New York on
Answered on Oct 17, 2017

Yes, that is how it works.
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Q: New neighbor installed tennis court and two story HID lighting in Staten Island residential area, legal?

1 Answer | Asked in Real Estate Law for New York on
Answered on Oct 15, 2017

Call 311 and have the NYC DOB come out and check.
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Q: Can a joint tenant (mother) sell share of 3 family house to another joint tenant (son) for $0.00 in 2014 legal?

2 Answers | Asked in Real Estate Law for New York on
Answered on Oct 14, 2017

I see nothing wrong here. A joint tenant can transfer their share to anyone unless some document prevents it. You are not a party to the deal so what is it to you?
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Q: If a house is sold during a lease does the new owner have to honor the lease?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Oct 13, 2017

No. Unless the lease is recorded. However, there are anti-eviction rules that prevent the new owner from evicting the tenant even if the lease is technically not in effect. It is complicated.
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Q: I just reviewed my rental lease agreement and at the top it states 13 months but below it the ending date is wrong.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Oct 13, 2017

Errors in drafting are subject to court construction, unless you have a writing amending or confirming this point. Try to get that.
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Q: I have a lease throught my boss whom has a lease on a horse farm with a house. I rent the house from my boss.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Oct 13, 2017

You are a subtenant. Your lease is subject to the lease of the main tenant. Thus, whether you can stay is governed by both documents. If there is an inconsistency, i.e. you get 90 days notice and your boss only gets 30, then you may have a claim against your boss, as sublandlord, but you do not have a right in the land.
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Q: If I put a deposit on a condo in nyc and then decide not to buy, can I get the deposit back?

2 Answers | Asked in Contracts and Real Estate Law for New York on
Answered on Oct 10, 2017

The contract governs. If you have the standard contract the answer is no.
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Q: Former landlord took parent's dog, changed the front lock, yet left them acess to rear after taking dog. Is this legal?

1 Answer | Asked in Criminal Law, Real Estate Law, Animal / Dog Law and Landlord - Tenant for New York on
Answered on Oct 10, 2017

It depends on the situation. There aren't enough facts here to make a determination. Reach out to an attorney who gives a free consultation to discuss it in more detail.
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Q: NYC Landmarks Preservation Commission, Title 63, April 24,1990,

1 Answer | Asked in Real Estate Law for New York on
Answered on Oct 9, 2017

A historic district and a landmarked building are not the same thing. A building can be landmarked without being in a historic district.
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Q: Hello. I started renting s home in New Jersey When 1st moved in signed a year to year lease but the last 8 years

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Oct 6, 2017

It sounds to me like the original lease lapsed and became a month-to-month tenancy subject to the same terms (except for the length) as the original lease. I would need to see the lease and know more to give a better analysis.
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Q: After signing a lease, discovered apt was misrepresented (size, health and safety issues). Is this basis to break lease?

2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for New York on
Answered on Oct 5, 2017

Negotiate the best deal you can. You have little legal ground to stand on. You can only be liable for the time the apartment is unrented.
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Q: Can I bring my ex-wife to court for not aiding me in a loan mod after she abandoned our marital residence?

1 Answer | Asked in Contracts, Divorce, Foreclosure and Real Estate Law for New York on
Answered on Oct 5, 2017

You need to make a motion in the matrimonial court to amend the decree. However, I would just let it go.
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Q: I just signed a lease and it's been 3 days since I moved in is there a way to brake it and get some of the money back

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Oct 4, 2017

Notify the landlord, best to do it sooner than later. He may want to keep some of the money he incurred such as a brokerage fee, that's reasonable, otherwise he should be able to find a new renter without too much hassle and therefore his damages would be minimal so he should refund you some. Feel free to reach out to me privately if you wish to discuss further.
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Q: Breaking a lease

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Oct 2, 2017

Say you are leaving and offer to let the landlord show the apartment.
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Q: Greetings: In New York which is a Superior lien-a mortgage lien or municipal tax lien (tax lien)? Please advise

2 Answers | Asked in Real Estate Law for New York on
Answered on Sep 28, 2017
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Q: My elderly aunt is on Medicaid and is living in a co-op that protected by an irrevocable trust. How can I sell it?

2 Answers | Asked in Real Estate Law for New York on
Answered on Sep 28, 2017

The trustee can sell it if the trust so provides. I am unsure of your relationship to anything.
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