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New York Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New York on
Q: Do both sides of buying a house have the right of seeing the closing documents before a house closing?

Mr 1 and Mr 2 went to court over a house Mr 1 won 75% Mr 2 25% so Mr 2 needs to sell his part to Mr 1. Which will be like a house closing. With tittle and everything. But Mr 1 lawyers refuse to show the closing documents for Mr 2 lawyer before the closing.

Elaine Shay
Elaine Shay answered on Oct 18, 2019

Mr. 2 needs to stop relying on Mr. 1's lawyer and get his own representation.

1 Answer | Asked in Real Estate Law and Probate for New York on
Q: My sister who is POA and executer of my mother's will has told me she has the deed...

Mother passed 3 months after "given deed" or "transferred" but now she wants to go to probate but why if my mom had no money ?? Will states I get half of everything and real estate ??

Michael David Siegel
Michael David Siegel answered on Oct 17, 2019

Your question is unclear. But, if you were supposed to get half the house and the deed gave it to your sister, she would have problems if you probated the will.

1 Answer | Asked in Real Estate Law for New York on
Q: I have a question regarding breaking a lease agreement less than 24 hours after i signed it

The owner said he would refund my months rent and deposit once its rented but hes no longer showing the apartment and not returning my calls

Elaine Shay
Elaine Shay answered on Oct 15, 2019

The recently enacted Tenant Protection Act of 2019 is good news for you. The Tenant protection Act makes clear that residential landlords have a duty to mitigate damages by attempting to re-lease an apartment when a tenant has broken a lease. Therefore, your "landlord" may be hurting him/herself... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Can fire stairs be legally used for day-to-day going between floors? Landlord says fire code only allows the elevator.

My company rents six floors of a commercial building. So we often go between floors, and currently can only do so by elevators -- which is annoying, time-consuming and a disincentive to healthy stair-climbing.

Could we get access to the fire stairs, to use them for going between floors?... Read more »

Elaine Shay
Elaine Shay answered on Oct 8, 2019

Tenancies are contractual relationships that are governed by the terms of their lease. Reviewing your lease is the best place to start in determining your rights.

1 Answer | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New York on
Q: Adverse Possession ? 1/11/2006 foreclosed 6/2006, knew not a thing about it and they sold it 3/2015. Does this meet it

Said they served my daughter 1/11/06, Forecosed on 6/2006. Knew nothing until 3//2015. 3/2015 Friend told me my home was being sold. 1/2005 home next door was 100% destoyed by water damage. The bank knew for a fact where I was living.

My daughter stated in court papers she was never... Read more »

Elaine Shay
Elaine Shay answered on Oct 8, 2019

I'm sure you are anxious for an answer but a real answer to your situation would best be sought by having an attorney review all the documents and facts related to your situation.

1 Answer | Asked in Real Estate Law for New York on
Q: If my husband acquires a condo in Puerto Rico, must he put my name on the deed?

The condo is currently in his daughter's name, though he paid for it. She's considering transferring it to him.

Elaine Shay
Elaine Shay answered on Oct 8, 2019

There is no obligation for married people to include the name of their spouse on title to property that they may acquire.

1 Answer | Asked in Consumer Law and Real Estate Law for New York on
Q: Our Super charges a months rent to renters, he thinks no one knows. How can we stop this and there be justice

No one will talk except among themselves

Elaine Shay
Elaine Shay answered on Oct 3, 2019

If you are the landlord and employ the super, you may consider terminating the super's employment. If you are already a tenant, you can refuse to pay an unauthorized charge or bring the issue to the landlord's attention.

1 Answer | Asked in Real Estate Law for New York on
Q: are coops in Westchester subject to warranty of habitability law? Is mgmt responsible to force shareholder to repair?

If a shareholder is negligent in doing self renovations that is causing water/mold damage to shareholder below does management company and/or board have a responsibility to force the shareholder to make repairs? Can management tell affected shareholder "it is your problem to deal with the... Read more »

Elaine Shay
Elaine Shay answered on Oct 3, 2019

Generally, as the tenant pursuant to a proprietary lease, a coop owner is afforded rights under the warranty of habitability. Therefore, with the proper approach the Coop Board should not be able to brush off your problems.

1 Answer | Asked in Real Estate Law for New York on
Q: I need to file an action for quiet title using adverse possession but I'm not sure where to file it.
Michael David Siegel
Michael David Siegel answered on Oct 1, 2019

You cannot do this pro se, and based on what you posted you are going to lose. Check with a lawyer.

2 Answers | Asked in Real Estate Law for New York on
Q: my dad left house to me and mom but i get the house if she dies and her name was put on deed do I get it when shes dead

If my dad left the house to me and my mom in his will but my getting the house was contingent on her death. her name was put on the deed of the house after his death. do I still get the house after her death? The will isn’t probated.

Michael David Siegel
Michael David Siegel answered on Sep 20, 2019

No.

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2 Answers | Asked in Real Estate Law for New York on
Q: What is the procedure to put a lien on a buyer’s home after a purchase offer is signed off by both parties

Two deals by out of town purchasers who submitted purchase offers on a home my husband and I own. After securing a loan and passing inspection the first buyer reneged on completing the deal. He is located in Connecticut .Is it possible to put a lien on his home in CT.? Second buyer(as I have been... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 17, 2019

You cannot lien someone's home because they will not buy yours. It does not seem that you even have a contract. A purchase offer is not enforceable.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: Is an administrator’s deed needed?

A family member passed away without a will leaving his wife and adult children. His name was on the deed for their home. His wife applied for and received letters of administration. Does she need to use an administrator’s deed to transfer the property to herself? If she does, would she only... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 15, 2019

Yes. An Administrator’s Deed is the correct instrument for the transfer. Transfer taxes may not be required If there is no consideration for the transfer. However, if the property has a mortgage, relief of the mortgage obligation is consideration.

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1 Answer | Asked in Real Estate Law for New York on
Q: non payment of rent

hello, i have 2 month of back rent. i am not a US citizen, and i am planing on moving back to Europe. if i leave without paying rent, would i have any issues traveling out of the country and would i have issues coming back to visit the US?

Michael David Siegel
Michael David Siegel answered on Sep 12, 2019

No. You can stiff them.

1 Answer | Asked in Real Estate Law for New York on
Q: My grandma just passed away. She had a deed for her house for her 4 children. 2 died about 10 years ago. She made a last

Will and testament 8 years ago putting the 2 children that were alive to get ownership of the house. Now the 2 grandchildren of the 2 deceased want to get a share of the house. What happens does the deed to house stay in effect or does the last will and testament?

Michael David Siegel
Michael David Siegel answered on Sep 9, 2019

The will governs unless the title was actually recorded with the deed 10 years ago.

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: The father of my son and ex-husband, bought a house i Garland, Texas, and he was paying a mortgage. He was living with h

His mom, new wife, His sister and nephew. His mom passed away in March, and he passed away a month ago, leaving no will. My son was His only child. Does my son has More rights over that property than His father's widow? Also my son's father was registered as the only owner of tittle of the... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 8, 2019

Texas law governs this issue.

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2 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for New York on
Q: My elderly father owns a property with my brother as joint tenants but he would like to leave my sister and I his share.

Could he sever the joint tenancy without my brother’s permission and change it to tenants in common? Also would he need a living trust to avoid probate and to designate my sister and I as his beneficiaries? Would that avoid due on sale clause since its a living trust? He and my brother are on... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 5, 2019

I do not speak Cantonese but the answers to your other questions are yes, these things can be done. However, they are not do it yourself projects. You are well advised to hire an attorney to assist you with this

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1 Answer | Asked in Real Estate Law for New York on
Q: We are both on the deed. The agreement was that he was to live there and buy me out. Instead he moved out and is renting

The home without my consent. Am I at least entitled to have the rent he is collecting?

Michael David Siegel
Michael David Siegel answered on Sep 4, 2019

Yes, but how to proceed is governed by the agreement. If oral, it will be unenforceable. Then, you need to bring a partition case, and maybe a motion for a receiver.

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: My husband and sister-in-law inherited a property in Jefferson New York. Need to foreclose, who would be a good lawyer?

Sold property in 2005 on 30 year contract to family member and his wife. Received payments until 2008, and then had several payment in default. Between 2005 and 2008 Mortgagees took out home equity loan with bank. Paper was signed to allow this to happen. Later on they apparently needed more money,... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 4, 2019

You may have statute of limitations problems. Depends on the payments and documents in these deals. Search this site for a foreclosure lawyer in the area.

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Civil Rights for New York on
Q: Is it law for tenant to receive both certified mail and regular mail letters notices twice a month from landlord/agent?

Two letters about notice to tenant of failure to receive rent payment and late rent notice.

Gary Kollin
Gary Kollin answered on Aug 31, 2019

There is nothing that prevents ut

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