New York Real Estate Law Questions & Answers

Q: My children inherited a house in extremely bad condition from their father. We're not sure the sensible steps to take.

2 Answers | Asked in Real Estate Law, Tax Law and Probate for New York on
Answered on May 27, 2017

Call a local realtor and see what the property is worth. It may have a negative value if you have to pay to tear down the house.
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Q: The state of New York decides its previous 30-year acknowledgement of a class of economic partnership was a mistake.

3 Answers | Asked in Divorce, Family Law, Real Estate Law and Constitutional Law for New York on
Answered on May 26, 2017

An NY Supreme Court (plenary, county court) justice can determine a law to be unconstitutional and not apply the law, he or she would have to have grounds for doing so based on principles constitutional jurisprudence, scrutiny, and review.
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Q: the proceeding is my right to recover real property under my rent to own lease, her counter claim is that my lease is

3 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for New York on
Answered on May 25, 2017

If she copied and pasted your signature without your consent that does sound alot like fraud to me, but the facts you lay out sounds like she is claiming you committed fraud. Obviously there is a lot more going on here than you have written and a supreme court action concerning real estate almost always gets complicated. Written agreements always prevail in Real Estate, proving fraud is difficult, but not impossible. Best of luck.
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Q: What are the rights of an apartment co signer in upstate New York

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on May 25, 2017

A lease co-signer likely stands in the same position as the other signatory. A detailed review of the lease would confirm that. This means that the co-tenants have equal rights and responsibility when it comes to all aspects of the lease.
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Q: I need to produce inspection of a original lease document. I would like to object, I don't trust the other party,

2 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for New York on
Answered on May 25, 2017

It depends on the type of proceeding and the form of the demand. If you are in a court case, you are going to have to do it.
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Q: A person in MS acting as real estate agent l, for buyer, has no license. What is the penalty?

1 Answer | Asked in Real Estate Law for New York on
Answered on May 25, 2017

They cannot legally gain a commission.
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Q: People moved into my Long Island house in Jan.2017. I live in BK. I want them out. How can I do it?

3 Answers | Asked in Real Estate Law for New York on
Answered on May 25, 2017

You need to file an eviction case in the town where the house is located.
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Q: I live in a house in brooklyn i rent 1/3 of the house ground floor when the house is sold how long before i must leave

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on May 23, 2017

Assuming that the house is "legal", if you have a lease you are entitled to stay until the end of the term of your lease. Whether or not the house is sold, you must be served a 30 days' notice to terminate the tenancy if you do not have a written lease. If you stay beyond the termination of the lease then the owner must serve a Notice of Petition and Petition which will state a court date. Before you may be evicted the owner must obtain a judgment of possession and warrant of eviction. Once...
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Q: New York: Does a foreclosure attach to a property or previous owner?

2 Answers | Asked in Real Estate Law for New York on
Answered on May 23, 2017

As taxes are a senior lien, the tax sale will foreclose out the mortgage, meaning the bidder at the sale gets clean title. However, a careful review of the tax foreclosure must be made to be sure that the mortgage holder was named as a defendant in the suit.
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Q: Is my landlord allowed to charge me for time I am no longer in possession of my apartment?

3 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Answered on May 22, 2017

The answer would be yes unless your lease says different. Someone would have to review your lease.
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Q: The house we rent is being sold. Can we use the rent deposit for a month's rent before the property is sold?

3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on May 19, 2017

Generally no, but you need to look​at your lease and also you can also reach out to your landlord and ask.
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Q: Contract closing day about June 10th. Sellers Staying until July. Loan commitment wil be expired. Obligated to re-apply?

3 Answers | Asked in Real Estate Law for New York on
Answered on May 18, 2017

They have the right to stay to July and make you reapply. I am sure they do not want to re-list the property. Ask if they will pay the rate lock extension.
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Q: what possible to do with neighbor when a bad cats smell all the time comes from her house to ours?

2 Answers | Asked in Animal / Dog Law, Personal Injury and Real Estate Law for New York on
Answered on May 15, 2017

You can sue for nuisance and trespass. Do you own or rent? If you rent, your landlord should handle this. 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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: Ex left and took most of her things.When can I change locks?How long does she have to be gone to lose squatter rights?

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

If you were not married and she voluntarily left, then you can change the locks.
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Q: Is the price of an inherited buyout to be updated to increased property value if a year passes?

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

I have done many of these cases. A buyout is a settlement, and therefore you can do whatever you agree to do. What you are legally entitled to is a deed saying you are 50/50 owners. Any other resolution is between you. That being said, most settlements reflect current market value, as that is what you would get at a partition sale, which is your legal remedy to force a sale of jointly owned property.
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Q: Does my next-door neighbor have an obligation to prevent Japanese knotweed on his property encroaching on mine

3 Answers | Asked in Real Estate Law and Agricultural Law for New York on
Answered on May 15, 2017

Build a wall and make him pay for it! J/K In all seriousness, its a complicated question of private nuisance and damages. You should notify him of the issue and try to reach a reasonable solution.
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Q: Can a non-resident execute a ny POA outside of nys ?

3 Answers | Asked in Real Estate Law and Estate Planning for New York on
Answered on May 13, 2017

Yes, but it must be notarized where signed.
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Q: These neighbors living next door have a see through binoculars and they use them to stare through my houses walls at me?

1 Answer | Asked in Civil Rights, Real Estate Law and Criminal Law for New York on
Answered on May 8, 2017
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Q: I am selling my house. Before i signed contract i told my agent that the existing tenants have been wanting to buy it.

1 Answer | Asked in Real Estate Law for New York on
Answered on May 7, 2017

If you signed an exclusive right to sell agreement with the agent, then even a sale to the tenant creates a commission. You should have specifically excluded this party from the commission agreement, but it is too late. If the tenant is paying full price, you likely owe the commission. The agreement will govern.
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Q: I have a fee dispute with a financial firm/lender based in NJ regarding a note and mortgage for a property that is in NY

2 Answers | Asked in Real Estate Law and Business Law for New York on
Answered on May 5, 2017

You can do either one, but if you are in New York, New York is probably better.
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