New York Real Estate Law Questions & Answers

Q: I have lived in my rental apartment for 10 years. During that time, I have frequently babysat two different friends' dog

1 Answer | Asked in Real Estate Law, Animal / Dog Law and Landlord - Tenant for New York on
Answered on Feb 20, 2017

What does your lease say about pets? If the lease is silent about that, your landlord may be able to institute such a policy for people who don't own pets already, which sounds like you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,...
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Q: if a neighboor erects a barb wire fence in a property dispute how far from posts ( his ) which I dispute can fence be ?

1 Answer | Asked in Real Estate Law for New York on
Answered on Feb 20, 2017

It depends on the law in your city re: fences. It sounds like you're in a rural area, so more aggressive fencing may be permitted especially to house bulls. If there is trespass, you may sue in court for that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: We were scheduled to close on property in NYS and on the day of the closing one of the sellers unexpectedly died.

1 Answer | Asked in Real Estate Law for New York on
Answered on Feb 19, 2017

You should have a lawyer on this already. A next of kin can make an emergency application to the Surrogate to get an order to close. It is called Preliminary Letters. The authority to rent, etc. is no different than the authority to sell. Also, if next of kin agree, or the beneficiary of the will if there is one agrees, they can sign the deed. Your lawyer and the buyer's title company should be able to work this out.
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Q: Is it legal in NYS for a lawyer representing a landlord who is filing a defamation lawsuit against a tenant org. to

1 Answer | Asked in Landlord - Tenant, Libel & Slander and Real Estate Law for New York on
Answered on Feb 17, 2017

It is legal as long as the tenants do not have their own counsel.
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Q: I own the building which my son and his GF rent an apartment from. They had a fight, my son asked me over to calm her

2 Answers | Asked in Contracts, Family Law, Real Estate Law and Landlord - Tenant for New York on
Answered on Feb 15, 2017

As you were not there as a landlord, but your son is a tenant, I see no issues, as long as you did not threaten or assault her in a way that could lead to a criminal complaint.
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Q: My business partner cut me out of a valuable real estate purchase we were to purchase together. What are my options?

2 Answers | Asked in Civil Litigation, Real Estate Law and Business Law for New York on
Answered on Feb 15, 2017

Without an agreement in writing to cut you in, you have no case.
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Q: Can my Condo HOA change the by-laws to require a yearly fee ($250) on rental units?

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Feb 15, 2017
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Q: Lawyer who did the closing on my house said he'd hold the deed for safekeeping. Shouldn't I hold the deed myself?

1 Answer | Asked in Real Estate Law for New York on
Answered on Feb 12, 2017

As long as the deed was recorded, you do not need the original. Really does not matter.
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Q: Binding Real Estate Contract Down Payment Not Deposited

1 Answer | Asked in Real Estate Law for New York on
Answered on Feb 12, 2017

It depends on the terms of the contract. Many times refusing the deposit is a way out. If not, the contract is binding.
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Q: the town of cicero ny wants an easement across my property. I said no as their doesn't appear to be any necessity for it

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Answered on Feb 12, 2017

It depends on whether the easement request is indeed necessary and whether the action affecting your tenants is valid and reasonable. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: How would the trustees of a property list sign a listing agrrement for the property ? Specific verbiage?

1 Answer | Asked in Real Estate Law for New York on
Answered on Feb 11, 2017

It does not matter. The deed language a closing will be governed by the title company. For the listing and the contract, the names are fine, with the designation, "as trustee".
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Q: I have a hospital and ambulance bill in my husbands name can they put a lean on my house that's in both of our names

1 Answer | Asked in Collections and Real Estate Law for New York on
Answered on Feb 4, 2017

If your husband owes a debt, the creditor can attach his assets through legal filings. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any...

Q: Is this all legal?

1 Answer | Asked in Real Estate Law for New York on
Answered on Feb 4, 2017

Review the related contracts with a lawyer. That will guide the analysis. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions,...

Q: I have been proposition by the heir of a home to refinance a mortgage and they would transfer the rights to me. The loan

1 Answer | Asked in Real Estate Law for New York on
Answered on Feb 4, 2017

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Q: I live in the town of Jefferson NY and a religious or bought up a large property which took in approx 170000 dollars in

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Answered on Feb 4, 2017

Your question lacks sufficient details. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create...

Q: 2 NYC rental brokers showed me the same apartment, now both want me to pay fee.

1 Answer | Asked in Contracts and Real Estate Law for New York on
Answered on Feb 4, 2017

Read the agreements you made with each, if applicable. That should determine your duties. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any...

Q: Should my elderly father of 85 title his house to me his son to protect that asset if he should need health care service

1 Answer | Asked in Elder Law and Real Estate Law for New York on
Answered on Feb 4, 2017

A will or trust may be appropriate. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any...
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Q: can I sell my house if I am waiting for a settlement conference?

1 Answer | Asked in Real Estate Law for New York on
Answered on Feb 4, 2017

It depends on the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any...
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Q: hi, we have a private lender balloon mortgage with a interest rate of 13% and my son got diagnosed with stage 4 lung

1 Answer | Asked in Real Estate Law and Consumer Law for New York on
Answered on Feb 4, 2017

Have a lawyer review your case to determine if a modification or payment plan is possible. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make...
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Q: if my mom passed and left my brother and I a house can I sell my half to an investor

1 Answer | Asked in Probate and Real Estate Law for New York on
Answered on Feb 4, 2017

See my answer to your identical question. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or...
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