The 4 Most Common Legal Issues in New York Real Estate


The real estate market in New York City has been incredibly hot over the past several years. As a result, homebuyers and sellers have many questions surrounding real estate laws. This blog covers the most common questions about the legal side of the New York real estate market.

There are different ways to buy a home, but the two most common are the short sales and foreclosures. There are a few reasons why short sales occur. Sometimes buyers just sell their home too quickly. They don’t want to wait around for a long period of time because they have made a significant financial commitment. It can be difficult to get a short sale approval.

You may have to pay for repairs and improvements which you didn’t think you would have to pay for. In some cases, sellers will offer a low price so they can get a quick sale. A short sale doesn’t have to mean that you won’t get your money back. Short sales are typically approved by the bank, but they might take some time to process.

Another reason why a short sale might happen is when the seller can’t afford to keep making payments. He or she may be facing some financial hardship. If the property has been foreclosed on, the bank may accept a lower bid. In this case, the seller can avoid foreclosure costs.

In order to determine if a short sale can be approved, the bank will need to see that the property has been inspected and appraised. While searching for homes to buy or sell, you may come across information on what is considered a fraudulent real estate transaction.

According to Article 15-A of the New York General Business Law, a person is guilty of offering or attempting to offer a false instrument for recording in the Office of the Clerk of the County in which he/she has his/her principal place of business, or for filing, registering, or recording with the county in which he/she resides. A false instrument includes a deed, a mortgage, or a deed of trust.

The penalties for fraudulent real estate transactions include fines and imprisonment of up to one year in jail. In addition to this, there are other laws that pertain to specific situations, including Title 11 of the Real Property Law, which deals with title issues, and Title 6 of the Real Property Law, which deals with liens and mortgages.

While this may seem intimidating, it is very possible for someone to encounter a problem like this, especially if they don’t know where to look for more information. However, the law in New York is very clear about what is and isn’t allowed, and it can be helpful to have information about these rules.

What are the most common legal issues when it comes to buying a Estate home?

A: First, make sure you don’t qualify for any seller credits that might make your mortgage more affordable. Next, know the seller’s rights and obligations when it comes to closing. And lastly, ensure your title is clear of all liens, judgments, and bankruptcies.

Q: Do you think there’s a common misconception among first-time buyers?

A: There’s a common misconception that buying a home is simple. You need to be diligent with your financing.

Q: What do you think is the number one issue for first-time buyers?

A: I believe the number one problem for first-time buyers is finding the right real estate agent. You should find someone who is experienced, knows the area, and can guide you through the process.

Q: How can I avoid legal issues when buying or selling a property in New York?

A: It’s extremely important that you have the help of an attorney. An experienced real estate lawyer can help ensure that there are no surprises when it comes time to close on the deal.

Q: How does an attorney differ from a real estate agent?

A: A real estate attorney will take on all of the legwork for you. He or she will work with you to ensure that your interests are protected.

Q: What should I look for in an attorney to buy or sell a property in New York?

A: Find someone who has years of experience selling real estate. Also, be sure that your attorney knows the laws pertaining to commercial and residential real estate transactions.

Q: What’s the difference between buying and owning a property?

A: When you buy property, you have a lease agreement with the seller.

Some Points:

– Know the law when buying or selling a home.

– Use an attorney to avoid surprises.

– Know how to deal with your agent.

– Avoid getting your home “frozen” by a bank.

– Keep the paperwork organized and follow up.

– Make sure everything is done right the first time.

 – The four most common legal issues that people come across are contract violations, tax deductions, liens, and zoning laws.

– If there is an issue in your contract or an issue with the property, you must inform your realtor and/or lender right away so they can resolve the issue.

– A contract violation will make the seller or buyer default on their end of the deal.

– If you own property, it’s important to keep good records.

– If you get a tax deduction from the IRS, you should keep documentation of all expenses you spent on the property.

Also Read This: The $3 Trillion Debt Bubble: An Introduction to Shadow Banking


1. The most common legal issues I see in New York are problems with leases. Lease agreements often have terms that can surprise and complicate problems for the seller or the buyer of commercial property. Many times, real estate investors don’t fully understand the legal issues around their lease agreements, so they wind up spending a lot of money dealing with problems that could have been avoided.

2. Another common problem is liens on the title. A lien is a claim that someone has a right to payment by taking ownership of certain property. When a buyer purchases property, the lender holds a first lien on the property as collateral for the loan.

3. You may have seen these warnings, but if they aren’t on your property, you may not know how to protect yourself.

4. If you live in NY, the four common legal issues that come up over and over are: construction liens, landlord/tenant laws, covenants, and mortgage fraud. This guide is a quick, easy to read overview of the four most common legal issues that can affect you when buying or selling real estate in NY.

5. It is true that buyers’ attorneys are more interested in proving fraud than in addressing the property’s deficiencies. In fact, an attorney’s first reaction to an offer is usually “How can I prove fraud?” But you can’t fix anything if you can’t prove it.

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