Category Archives: Rochester NY Real Estate Legal Issues

What Is A Lead Disclosure Form? Do I Have To Do One Of Those In New York?

There are many dangers of being exposed to lead, especially for children. Most exposure to lead by children comes from lead paint. Lead was used frequently in house paint before 1978. When it peels, children sometimes are poisoned by putting the lead paint chips in their mouths. Also, lead paint can be dangerous when it […]

What Can I Do If My Property Is Being Taken By Eminent Domain in New York?

In New York, a governmental entity can take your real property from you through a process called eminent domain. However, in order to be able to do that, the reason for the taking has to be either for a public purpose or a public necessity. A public purpose is a project that serves a public […]

What Should Be Contained In My Contract To Purchase A Home In New York?

If you are considering purchasing a home, you will certainly be asked to sign a contract. Many buyers and sellers don’t review this document in detail, assuming that most of the language is standard boilerplate contract language. However, this document is one of the most important steps to take in purchasing a home. The contract […]

What Is The Difference Between a Short Sale and a Foreclosure in New York?

Although the economy has been on the rebound in recent years, times are still tough for many New Yorkers. In many cases, when a person has experienced a job loss, a divorce, unexpected medical expenses or another financial hit, that individual has no choice but to stop paying his or her mortgage. Failing to pay […]

NY Foreclosure Judge Cuts Mortgage In Half

A New York State Supreme Court judge has cut a homeowner’s mortgage principal nearly in half. The court, finding that the bank had deliberately acted in bad faith while prosecuting the foreclosure over 34 months, ordered it to pay $200,000 in damages to the homeowner. The award will be applied to the $493,219 principal owed […]

Owner of WNY Gas Station Can't Use Bankruptcy to Evade Cleanup

Eight days after receiving an environmental violation notice related to bulk storage of petroleum on property that he owns in Chautauqua County, the former owner of a gas station and convenience store filed a Chapter 13 bankruptcy petition. The petition made no mention of the violation notice. The New York State Department of Environmental Conservation  […]

NY Court Declares House to be Haunted

The home buyer,” to his horror, discovered that the house he had recently contracted to purchase was widely reputed to be possessed by poltergeists, reportedly seen by the seller and members of her family on numerous occasions over the last nine years.”  He promptly sued  the seller and the broker  to rescind the contract of […]

NY Constructive Trust Claim Rejected

The son sued to impress a constructive trust on his father’s home. When the son was married, he accepted his father’s offer to convert the upstairs floor of his one-family house into an apartment where the son and hiswife would live and in 15 years it would be the son’s. The son paid his father […]

NY Husband's Failure to Apply for Mortgage Breaches Contract

The contract for the sale of New York real property was contingent on the husband and wife buyersobtaining a $280,000 mortgage. After their mortgage application was denied, they sought the return of their $35,000 deposit. The seller sued the buyers for breach of contract. The buyers counterclaimed for return of their deposit. The Nassau County, […]

Denial of Muslims Permit Reversed

A Nassau County, New York Supreme Court judge overturned a town zoning board’s denial of an application to convert a one-family dwelling in a residential area into a Muslim house of worship. The applicants sought a special exception to convert the premises with an upper apartment, off-street parking and parking in the front yard. The […]