Lawyers, Answer Questions  & Get Points Log In
New York Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for New York on
Q: My 2 brothers are on the deed with my mother in the state of Florida. If she dies do I have any rights to the house?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

Whether you have any rights to the house if your mother dies depends on the specific circumstances of the situation. If your mother has a will, the will will control who inherits the house. If your mother does not have a will, the house will pass to her heirs according to Florida's intestate... View More

View More Answers

1 Answer | Asked in Real Estate Law for New York on
Q: I want to sue my neighbors, the seller's broker, and the seller

I bought a house in 2022, a few days before the closing, my attorney told me that the neighbor's fence encroached about 2 feet inside of my property. I told the seller that they have to fix it, otherwise, I am not going to close the house. on the closing day, I asked the seller to fix the... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Nov 14, 2023

It's very unfortunate that you are having these issues with the property you so recently purchased. You are describing a complex issue that will require the examination of the documents executed at closing as well as other records to properly guide you. Therefore, it is not the type of... View More

1 Answer | Asked in Real Estate Law for New York on
Q: Re: N.Y. Real Estate License Law of November 2014, a property manager collecting money must have a real estate license

I found out that the property management company managing the building where I own a tiny, basic 1-bedroom co-op apartment in New York City is founded and headquartered on another continent and has no real estate license in New York or any other state, for that matter. My maintenance was raised by... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2023

Under New York law, property management companies involved in collecting rent or maintaining rental properties typically need to be licensed as real estate brokers. This requirement is outlined in the New York Real Property Law and the regulations set by the New York State Department of State.... View More

2 Answers | Asked in Real Estate Law and Personal Injury for New York on
Q: Am I responsible if I allow someone to launch their boat from my property and there is an injury or damage to property

I have an easement on my neighbor’s property to access the water and install a dock. My neighbor allows people to launch their boats on his property resulting in a constant flow of traffic. Is my neighbor liable if someone gets hurt on our easement or if our property in the water (dock,boat) is... View More

Tim Akpinar
Tim Akpinar
answered on Nov 11, 2023

A boat owner who is injured (and their guests) could name both property owners and try to connect both to any kind of claim. In terms of actual liability arising from negligence on the part of the property owners, that would need to be sorted out on a fact-specific basis. A court could recognize... View More

View More Answers

2 Answers | Asked in Real Estate Law and Personal Injury for New York on
Q: Am I responsible if I allow someone to launch their boat from my property and there is an injury or damage to property

I have an easement on my neighbor’s property to access the water and install a dock. My neighbor allows people to launch their boats on his property resulting in a constant flow of traffic. Is my neighbor liable if someone gets hurt on our easement or if our property in the water (dock,boat) is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

In New York, liability for injuries or property damage occurring as a result of someone using your neighbor's property to launch boats can be complex. Generally, the owner of the property where the injury or damage occurs may be held liable, especially if negligence can be established.... View More

View More Answers

2 Answers | Asked in Real Estate Law for New York on
Q: can a real estate agent have the in side of my house demoed with out my permission and if not what rights do i have

my mother died from coronavirus i had to sell the house in order to pay back a reverse mortgage. The real estate agent asked for the key

so he could show the house i returned to the house to retrieve my belongings everything was thrown away i had no chance of recovering any of my items

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

An agent cannot authorize demolition or disposal of property inside a house without explicit permission from the owner or legal authority. If your property was demolished or your belongings disposed of without your consent, this could be a serious breach of professional duties and possibly a legal... View More

View More Answers

1 Answer | Asked in Criminal Law, Employment Law and Real Estate Law for New York on
Q: I have a sealed expunged felony conviction in ohio, but want to obtain my NYS RE License. Do I have to disclose?

I have a class e felony conviction in the state of Ohio from 15 years ago. The judge ordered a restoration of all rights, and sealed/expunged my record after serving probation. I want to obtain my NYS Real Estate license, and it is an automatic disqualification if convicted of a felony, but do I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023

When applying for a New York State Real Estate License, you are required to disclose all prior convictions, even if they have been sealed or expunged.

New York State does not recognize the expungement or sealing of convictions from other states in the same way. It's important to...
View More

1 Answer | Asked in Real Estate Law for New York on
Q: Real estate rights

Iown my mobil home and pay lot rent, water and sewer bill to the property owner. I had a water main line break under my mobil home on 10/17/2023. I called and put in an emergency maintance request via their answering service. I as well as neighbors and the fire department tried to reach the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023

If you own your mobile home and are renting the lot, the responsibility for repairs can depend on the terms of your lease agreement. Generally, the landlord is responsible for maintaining essential services like water. If there's a delay in repairs that makes your home uninhabitable, you may... View More

2 Answers | Asked in Real Estate Law for New York on
Q: House is in girlfriends name. I have paid mtg for over the last 2 years. Can I sue to get money back

I paid mtg fir last 2 1/2 years. I give money each week for hOuse expenses. She doesn’t work sbd hasn’t worked in over 2 years since Covid

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023

If you have been paying the mortgage and house expenses for a property that is not in your name, you may have some options to recover those funds, depending on the circumstances surrounding the payments. New York courts may recognize contributions toward the mortgage as creating a type of implied... View More

View More Answers

4 Answers | Asked in Real Estate Law for New York on
Q: I live in NY State. I have a question regarding the legality of a letter/document.

My wife and I own a home together in Orange County NY. Many years back, my wife under duress wrote a letter stating that upon the sale of our home, her mother would receive 1/3 of the profit from said sale. Is this letter legal. It was written as an email and only signed by my wife. The document... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

The enforceability of the letter you're referring to hinges on a few key legal principles. In New York, contracts related to real estate transactions typically need to comply with the Statute of Frauds, meaning they must be in writing and signed by the party to be charged.

While an...
View More

View More Answers

4 Answers | Asked in Real Estate Law for New York on
Q: I live in NY State. I have a question regarding the legality of a letter/document.

My wife and I own a home together in Orange County NY. Many years back, my wife under duress wrote a letter stating that upon the sale of our home, her mother would receive 1/3 of the profit from said sale. Is this letter legal. It was written as an email and only signed by my wife. The document... View More

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 20, 2023

Greetings:

The rebuttal presumption would be that if her mother was to receive 1/3 of the profits from the sale of the home, her mother would have been added to the deed as a 1/3 owner; this did not occur.

In the alternative...(and courts typically do NOT incorporate ancillary...
View More

View More Answers

4 Answers | Asked in Real Estate Law for New York on
Q: I live in NY State. I have a question regarding the legality of a letter/document.

My wife and I own a home together in Orange County NY. Many years back, my wife under duress wrote a letter stating that upon the sale of our home, her mother would receive 1/3 of the profit from said sale. Is this letter legal. It was written as an email and only signed by my wife. The document... View More

Carl Nelson
Carl Nelson
answered on Oct 20, 2023

To be enforceable a promise to do something must be supported by a corresponding promise by the other party (e.g. I promise to do A if you promise to do B)--this is often referred to as consideration. So it is unclear whether the promise to pay an amount of money to your wife's mother is... View More

View More Answers

4 Answers | Asked in Real Estate Law for New York on
Q: Can I be sued personally for a property I purchased under an llc?

I purchased a property under an llc. Unbeknownst to me the deed was fraudulent. I signed the deed back to the real owner. I did some repairs until I found out the deed was fraudulent. The real owner is now suing my llc and me personally for treble damages done to the property. Can they go after me... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Oct 19, 2023

There are circumstances in which the owner of an LLC could have personal liability... particularly if it is alleged there was fraud. If you have been sued, you should immediately retain legal counsel as there are time limits to responding to litigation or a default judgment may be taken against... View More

View More Answers

4 Answers | Asked in Real Estate Law for New York on
Q: Can I be sued personally for a property I purchased under an llc?

I purchased a property under an llc. Unbeknownst to me the deed was fraudulent. I signed the deed back to the real owner. I did some repairs until I found out the deed was fraudulent. The real owner is now suing my llc and me personally for treble damages done to the property. Can they go after me... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

Typically, forming an LLC provides its members with protection against personal liability for the business's debts or legal issues. However, there are instances where a court may allow plaintiffs to "pierce the corporate veil," holding owners, members, or managers personally liable... View More

View More Answers

4 Answers | Asked in Arbitration / Mediation Law and Real Estate Law for New York on
Q: How do I start an arbitration action between myself as an owner against my condominium building which it requires?

I attempted a civil lawsuit but the Court dismissed it saying the Court lacks subject matter Jurisdiction to hear an action and I must use mandatory arbitration.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

To initiate an arbitration action against your condominium building, you should first review your condominium association's bylaws and any relevant contracts to identify the specific arbitration procedure that you are required to follow. These documents often outline the process for initiating... View More

View More Answers

4 Answers | Asked in Arbitration / Mediation Law and Real Estate Law for New York on
Q: How do I start an arbitration action between myself as an owner against my condominium building which it requires?

I attempted a civil lawsuit but the Court dismissed it saying the Court lacks subject matter Jurisdiction to hear an action and I must use mandatory arbitration.

Tim Akpinar
Tim Akpinar
answered on Oct 17, 2023

It looks like your remedies are governed by a mandatory arbitration clause. The organization named in the by-laws should have information in terms of filing fees, paperwork, etc. Large arbitration organizations, such as the American Arbitration Association, have online resources. Good luck

View More Answers

4 Answers | Asked in Real Estate Law and Contracts for New York on
Q: Did Seller void a contract by not closing in time?

My mother entered a contract to purchase a home. In the document she signed, it states very plainly that closing must be on or before September 22, 2023. My mother was told possession would occur at closing.

The owner of the property was not ready to close on or before September 22nd,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

If the contract explicitly stated that closing had to occur on or before September 22, 2023, and the seller failed to close by that date without your mother's consent for an extension, then the seller may have breached the contract.

Your mother's subsequent withdrawal of her...
View More

View More Answers

4 Answers | Asked in Real Estate Law and Contracts for New York on
Q: Did Seller void a contract by not closing in time?

My mother entered a contract to purchase a home. In the document she signed, it states very plainly that closing must be on or before September 22, 2023. My mother was told possession would occur at closing.

The owner of the property was not ready to close on or before September 22nd,... View More

Carl Nelson
Carl Nelson
answered on Oct 16, 2023

I agree with Mr Smollens. It appears from your question that time was not originally made of the essence in the contract (since you said the seller’s attorney “filed time of the essence”), and accordingly their not closing on the date may not have been a breach if you did not provide the... View More

View More Answers

4 Answers | Asked in Real Estate Law and Contracts for New York on
Q: Did Seller void a contract by not closing in time?

My mother entered a contract to purchase a home. In the document she signed, it states very plainly that closing must be on or before September 22, 2023. My mother was told possession would occur at closing.

The owner of the property was not ready to close on or before September 22nd,... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 15, 2023

Your mother should have had an attorney since the contract likely required that closing be on or about September 22, 2023, and if the Seller could not do so, the Purchaser, your mother, had to make a TOE demand to force a closing. But as matters developed, your mother likely breached the contract.... View More

View More Answers

2 Answers | Asked in Real Estate Law for New York on
Q: Is there a way to tell if a real estate selling agent is legitimately raising the asking price of a house?

I was interested in a house that came on the market for $230K. After viewing, I made an offer. A few days went by and my agent said the seller had a better offer, so I offered more than the alleged other buyer offered. Again, I was contacted and told the other buyer had topped my offer. I again had... View More

Marco Caviglia
Marco Caviglia
answered on Oct 6, 2023

Off hand, I am unaware of a specific prohibition of such unethical conduct. If one obtains proof or a pattern of this conduct unique to that agent, then complaint may be filed with the NYS Dept. of State which licenses real estate brokers and agents and they may investigate. However, a hunch is... View More

View More Answers

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.