Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

Few neighbor disputes become heated faster than a fence that is not exactly on the property line. In New York, a misplaced fence can raise concerns about adverse possession—the legal doctrine that, in limited circumstances, allows someone to acquire title to land they do not technically own. Under New York law, adverse possession generally requires possession that is actual, open and notorious, exclusive, continuous, adverse, and under a claim of right for the statutory period. New York’s statute defines “claim of right” as a reasonable basis for believing the property belongs to the possessor. Fences matter because they can be evidence that someone is treating land as their own. New York’s RPAPL § 522 provides that land may be considered possessed where there are acts sufficiently open to put a reasonably diligent owner on notice, or where the land has been protected by a “substantial enclosure.” In plain English, a real fence enclosing a disputed strip may be more legally significant than casual use. But not every fence creates an adverse possession claim. Since New York’s 2008 amendments, RPAPL § 543 states that de minimis, non-structural encroachments, including fences, hedges, plantings, sheds, and non-structural walls, are deemed permissive and non-adverse. The same statute says lawn mowing or similar maintenance across a boundary line is also permissive and non-adverse. That means a small fence mistake, routine yard maintenance, or minor landscaping over the line will not automatically give a neighbor ownership rights. The facts still matter: the size and permanence of the encroachment, whether the disputed area was truly enclosed, how long the condition existed, whether use was exclusive, and whether the possessor had a reasonable basis for believing the land was theirs. For homeowners, the lesson is simple: do not rely on assumptions. Before installing or replacing a fence, get a current survey. If an existing fence appears off-line, address it promptly and in writing. Boundary problems are usually easier to solve early—before years of use, investment, and neighbor expectations turn a small fence issue into a title dispute. This post is for general information only and is not legal advice. For details about your particular situation, feel free to call Chiariello & Chiariello - 516-801-8100

As Independence Day approaches, we find ourselves reflecting with gratitude on the remarkable inheritance we share as Americans. The liberty we enjoy today was not inevitable. It was secured by the courage of those who pledged their lives, fortunes, and sacred honor to the idea that people are endowed with unalienable rights - and it has been preserved across generations by countless men and women who believed those freedoms were worth defending. The framework of law and ordered liberty they built is the same foundation that allows our work, our community, and our families to flourish. We are deeply thankful for that legacy, and for the privilege of practicing law within a system devoted to justice and the rule of law. We are grateful, too, for the trust you place in our firm to help safeguard your own corner of it. This Independence Day, we hope you'll take a moment to honor those who came before us and to celebrate the freedom they passed into our keeping, perhaps even take a moment to read the Declaration (Declaration of Independence: A Transcription | National Archives). From our family to yours, we wish you a safe, joyful, and meaningful Fourth.

Adverse possession is one of the most misunderstood doctrines in New York real property law. In simple terms, it allows a person who is not the record owner of property to claim ownership if they have possessed the property in a legally sufficient way for a long enough period of time. But the doctrine is narrow, fact-specific, and often defensible. In New York, a party claiming adverse possession generally must prove that their possession was hostile and under a claim of right, actual, open and notorious, exclusive, and continuous for at least ten years. New York’s adverse possession statutes are found in RPAPL Article 5, including RPAPL § 501, which defines an adverse possessor as someone occupying another’s real property in a way that would give the owner a cause of action for ejectment. A strong defense often begins by attacking one or more of these required elements. For example, if the use was occasional, shared, hidden, permissive, or interrupted, the claim may fail. A neighbor who sometimes mows a strip of grass, parks on an area with permission, or uses land in common with others may not be able to establish the kind of exclusive and continuous possession required by law. Another key defense is permission. Adverse possession must be hostile in the legal sense, meaning the possession is inconsistent with the rights of the true owner. If the property owner gave permission — even informally — that can defeat the “hostile” element. This issue frequently arises in boundary disputes between neighbors, family members, or adjoining landowners who historically cooperated without formal agreements. New York law also distinguishes between adverse possession claims based on a written instrument and those not based on one. Where there is no deed, judgment, or written instrument supporting the claim, the claimant generally must show acts sufficiently open to put a reasonably diligent owner on notice, or that the disputed property was protected by a substantial enclosure. RPAPL § 522 addresses these requirements. The 2008 amendments to New York’s adverse possession law are also important. Those amendments clarified the requirement of a “claim of right” and were designed to limit claims based on stealthy or minor encroachments. However, courts have recognized that the amendments do not retroactively disturb rights that allegedly vested before the amendments took effect. For record owners, the best defense is often early action. A survey, written objection, license agreement, demand to remove an encroachment, fence repair, or timely ejectment action can help prevent a permissive or ambiguous use from ripening into a serious adverse possession claim. Once litigation begins, the defense usually turns on detailed proof: surveys, photographs, tax maps, deeds, prior correspondence, maintenance records, witness testimony, and evidence showing the claimant’s use was not exclusive, hostile, open, or continuous for the full ten-year period. In short, adverse possession is not automatic simply because someone used land for a long time. In New York, the claimant bears a heavy burden, and property owners often have substantial defenses when the facts are carefully developed. Because these disputes are highly fact-dependent, owners facing an adverse possession claim should promptly gather documents, preserve evidence, and consult counsel before taking or conceding any position. If you have an adverse possession claim or defense, feel free to call us to discuss your options. 516-801-8100

When co-owners of real estate can't agree on what to do with it, a real estate partition may be the solution. A Glen Cove, NY lawyer can help you and your family if you're dealing with a partition action. How the Real Estate Partition Process Works Filing Your Complaint The first step is to file a verified complaint in the county where the property sits. The complaint lists every owner, describes the property, and states each person's share in the property. All co-owners must be named as defendants so the court can bind everyone with its decision. Moving Through the Court After the parties answer, the court decides whether partition in kind is possible. This refers to simply dividing the property so that owners who don't wish to sell can keep their portions. However, most residential properties fail that test because you cannot split a single-family home down the middle without destroying its value. The judge then appoints a referee to oversee the sale. The referee handles marketing, accepts bids, and confirms the sale with the court. Proper Accounting Before the money is distributed, the court will require a full accounting and clear proof of what each owner contributed to the purchase price, mortgage payments, property taxes, insurance, repairs, or improvements on the property. If one of the co-owners lived in the property rent-free, for example, and the other/s did not, that owner might owe any other owners for their share of the fair rental value. Special Rules for Inherited Property If the property passed down through the family without a will or probate action that clearly divided it, it may qualify as the heirs' property. The Uniform Partition of Heirs Property Act applies in this case and adds in some extra steps before any sale can occur. The court must first determine if the property meets the definition, so it will make sure: The title came from a relative There's no written partition agreement The property is used for residential or agricultural purposes If the property qualifies, then the court will order a mandatory settlement conference. Anyone who wants to buy out the others at fair market value is permitted to do so, and an independent appraiser sets that value. If no buyout happens and physical division wouldn't work, the court can order a sale, but it must try an open-market listing with a broker first instead of jumping straight to auction. These protections are meant to give family members some extra time and some better options to keep the property in the family if they want it. Talk to a Glen Cove, NY Lawyer About Real Estate Parition Wherever you are in the process, contact us at Chiariello & Associates in Glen Cove for help. Our family-owned firm has been helping Long Island families resolve their property disputes for over fifty years. Call today to schedule a free consultation and take the next step with someone who treats your case like it's their own family matter.

If you were hurt on someone else’s property in Glen Cove, NY, the property owner may be legally responsible. Under New York premises liability law, owners and others who control a property must keep it reasonably safe. When they fail to do so and someone gets hurt, the injured person may be entitled to compensation. These cases can get complicated quickly, so it’s smart to speak with a personal injury lawyer early to understand your rights and options. Common Types of Premises Liability Accidents Premises liability covers a wide range of accidents on homes, stores, restaurants, apartment buildings, parking lots, and other properties. Common examples include: Slip and falls on wet floors, spills, snow, or ice Trip and falls caused by broken sidewalks, potholes, or uneven flooring Falls on poorly lit or defective staircases and missing handrails Injuries from falling merchandise or objects Elevator and escalator accidents Swimming pool accidents and drownings Assaults caused by inadequate security Injuries from fires, exposed wiring, or other building code violations Who Can Be Held Liable for an Injury on Someone’s Property? To hold someone responsible in a premises liability claim, the injured person must prove the four elements of negligence: Duty of care Breach of duty Causation Damages 1. Duty of Care You must show that the defendant had a duty to keep the property reasonably safe. The duty itself is usually clear. The harder question is often who had it. Depending on the situation, the responsible party could be the property owner, a landlord, a tenant, a store or business operator, a property management company, a maintenance or snow removal contractor, or several of these at once. Identifying every responsible party can increase the compensation available to you. 2. Breach of Duty Next, you must show that the responsible party failed to meet that duty. Generally, this means proving they created the dangerous condition, knew about it, or should have known about it through reasonable inspections or reports, and still failed to fix it or warn you. A hazard that existed long enough to be discovered and repaired can be strong evidence of a breach. 3. Causation It’s not enough that an accident happened on the property. You must show that the breach of duty caused your injury, meaning that without the owner’s failure, the accident would not have happened or your injuries would not have been as serious. 4. Damages Finally, you must prove the losses you suffered because of the accident. Medical records and bills, pay stubs, expert opinions, and witness testimony are commonly used to establish damages, which may include: Past and future medical expenses Lost wages and lost earning capacity Pain and suffering Emotional distress and loss of enjoyment of life Does It Matter Why You Were on the Property? In many states, the duty a property owner owes depends on whether the injured person was an invited guest, a social visitor, or a trespasser. New York is different. Since the Court of Appeals’ decision in Basso v. Miller (1976), New York has used a single standard: property owners must act with reasonable care under the circumstances toward everyone on their property. Your reason for being there still matters, though. Courts look at how foreseeable it was that someone would be on the property, which makes it harder for a trespasser to recover than a customer or guest. Special Protection for Children Children don’t always recognize danger. New York courts have held property owners responsible when a hazard is likely to attract children who don’t understand the risk. This idea is often called the “attractive nuisance” or “child trespasser” doctrine. Unfenced swimming pools are the most common example, along with construction sites, abandoned equipment, and similar hazards. Owners are expected to take reasonable steps, such as fencing or locks, to protect children from these dangers. What If You Were Partly at Fault? New York follows a pure comparative negligence rule. Even if you were partly responsible for your accident, for example by looking at your phone while walking, you can still recover compensation. Your award is reduced by your share of the fault. How Long Do You Have to File a Premises Liability Claim in New York? In most cases, you have three years from the date of the injury to file a premises liability lawsuit in New York. If your injury happened on property owned by a city, town, county, or other government entity, the deadlines are much shorter: a notice of claim is generally due within 90 days. Waiting too long can cost you your right to compensation, so act quickly. What to Do After an Injury on Someone’s Property Get medical care right away, even if your injuries seem minor, and keep every record. If the care you receive is negligent, you may also have a medical malpractice claim Report the accident to the owner, manager, or landlord and ask for a copy of the report Photograph the hazard, the area, and your injuries Get the names and contact information of any witnesses Keep the shoes and clothing you were wearing Avoid giving recorded statements to an insurance company before speaking with a lawyer Talk to a Glen Cove Premises Liability Lawyer If you’ve been injured on someone else’s property, call a lawyer as soon as possible to understand your options and protect your rights. Evidence such as surveillance footage and maintenance records can disappear quickly. Talk to Chiariello & Chiariello, Attorneys at Law, in Glen Cove for a free consultation on your case. We serve clients throughout Long Island, Queens, and the surrounding areas of New York. Contact us today or call (516) 360-2869.

In Glen Cove, NY, landlord laws and tenant laws primarily follow New York State law, though there are some local city codes in play. Glen Cove does not fall under New York City's specific Housing Maintenance Code, but state-level requirements apply. Local enforcement is done through the city's Code Enforcement department. Landlord Laws and Tenant Laws in Glen Cove, NY New York Real Property Law § 235-b requires landlords to comply with what's known as an "implied warranty of habitability." This can be summed up by saying that landlords have to keep their properties safe, clean, and livable. In detail, landlords have to: Keep the premises in good repair Maintain electrical, plumbing, sanitary, heating, and ventilating systems Ensure any landlord-provided appliances are in good working condition Keep the property free of vermin, pests, and garbage Provide essential services like heat, hot and cold water, and structural integrity Address repairs within a reasonable time What Landlords Aren't Responsible For Landlords are not responsible for repairs or damage that are caused by a tenant except for normal wear and tear. In other words, if a tenant has an accident and breaks the faucet in a shower, the landlord is not responsible to fix it. But if the faucet begins leaking under normal use, the landlord is responsible. Glen Cove-Specific Requirements The regulations here in Glen Cove mirror the state requirements for the most part. Residential premises have to be kept in a clean, safe, and sanitary condition and all common areas need to be clean and in good repair. For multiple dwellings or apartments, owners are required to repaint or cover the interior surfaces whenever inspectors deem it necessary, or at least every three years. For one- or two-family rental properties, where the owner does not live on the property, the property needs to be registered with the city Building Department and is subject to bi-annual city inspection. What Happens If the Landlord Isn't Following the Rules? If your landlord is failing to follow city or state regulations, your first step should be to notify your landlord in writing. Always keep records of all your communications about any request for a repair or maintenance. If the landlord violates a local enforcement code, you would contact Code Enforcement. For state violations, you would report the issue to either the New York State Attorney General's office or the Division of Homes and Community Renewal (HCR), depending on the situation. Your lawyer can help you with the details and make sure everything is done right, so you get resolution as quickly as possible. As a tenant, you do have some options under the law. In certain situations, you are permitted to withhold rent or to deduct the cost of repairs from your rent. You may also be able to bring a claim against your landlord in the courts. Always talk to a lawyer before taking these actions, however. If your landlord is violating the law, or you suspect they are, call us today at Chiariello & Chiariello in Glen Cove, NY ​for a consultation. We also serve clients in Queens and Long Island.

If you’re facing a contract dispute in New York, you may not need to go to trial to resolve it. Mediation is often a faster, less expensive, and less stressful way to settle a breach of contract claim. A breach of contract attorney in Glen Cove, NY, can help you decide whether mediation fits your situation and protect your interests at the table. What Is Mediation in a Contract Dispute? Mediation is a form of alternative dispute resolution (ADR). A neutral third party, called a mediator, guides a structured conversation between the people or businesses in a dispute. The goal is to reach a solution both sides can accept without a judge or jury deciding the case. The mediator doesn’t take sides, decide who is right, or give legal advice. Each party should have their own lawyer for that. Instead, the mediator helps clear up misunderstandings, keeps the discussion productive, and helps both sides explore options. Mediation is non-binding: nothing is final unless both parties agree to a settlement and sign it. Is Mediation Required for Contract Disputes in New York? New York actively encourages mediation in civil cases, including contract and business disputes. Under the state court system’s “presumptive ADR” approach, many civil cases are referred to mediation or another form of ADR early in the lawsuit. That includes cases in Nassau County Supreme Court, which serves Glen Cove. There are three common ways a contract dispute ends up in mediation: Your contract requires it. Many business contracts include a dispute resolution clause that requires mediation before either side can file a lawsuit. The court refers or orders it. If a lawsuit has already been filed, the judge may send the case to mediation. You choose it voluntarily. Both parties can agree to mediate at any time, before or after a lawsuit is filed. How the Mediation Process Works Every mediation is a little different, but most follow a similar path: Preparation: Each side, usually with its attorney, gathers the contract, correspondence, invoices, and other key documents. Many mediators ask for a short written summary in advance. Opening session: The mediator explains the ground rules, and each party describes the dispute from its point of view. Private meetings: The mediator often meets with each side separately (called “caucuses”) to understand their priorities and test the strengths and weaknesses of each position. Negotiation: The mediator breaks the dispute into its key issues, sets aside distractions, and helps both sides brainstorm and evaluate settlement options. Agreement: If the parties reach a deal, it is put in writing and signed. A properly drafted settlement agreement is generally enforceable like any other contract. Benefits of Mediating a Breach of Contract Claim Speed: Contract lawsuits in New York can take months or years. Many mediations are completed in a single day or a few sessions. Lower cost: Less time in discovery, motions, and trial means lower legal fees for everyone. Confidentiality: Unlike a public court case, mediation discussions are typically private, which protects your business reputation and sensitive information. Flexibility: A court is limited to the remedies the law allows. In mediation, you can craft creative solutions, such as revised payment schedules, renegotiated terms, or future business arrangements. Preserved relationships: Mediation is less adversarial, so it can help business partners, vendors, and clients keep working together. Control: You decide whether to settle and on what terms, instead of leaving the outcome to a judge or jury. When Mediation May Not Be the Right Choice Mediation isn’t the right fit for every contract dispute. Going to court through civil litigation may be the better option if: The other party refuses to take part in good faith or is using mediation to stall There is a serious imbalance of power or information between the parties You need urgent court action, such as an injunction to stop the other side from causing immediate harm The dispute involves fraud or other serious misconduct You want a public ruling or need to set a legal precedent Keep deadlines in mind, too. In New York, most breach of contract lawsuits must be filed within six years. Taking part in mediation doesn’t automatically pause that clock, so talk to an attorney about protecting your claim while you negotiate. How a Breach of Contract Attorney Can Help in Mediation Having a lawyer by your side can make a significant difference in the outcome of a mediation. Your attorney can: Review your contract and explain your rights and potential remedies under New York law Evaluate the strength of your claim and the realistic value of a settlement Prepare you for the mediation sessions and help you set goals Identify weaknesses in the other side’s position and negotiate on your behalf Draft or review the settlement agreement so it is clear, enforceable, and in your best interests Take your case to court if mediation doesn’t produce a fair result Talk to a Glen Cove Breach of Contract Attorney Whether you’re trying to enforce a contract or defending against a breach of contract claim, the right legal strategy starts with knowing where you stand. Chiariello & Chiariello, Attorneys at Law, represents individuals and businesses in Glen Cove, Long Island, Queens, and throughout New York. Contact us today or call (516) 360-2869 for personalized advice on your contract dispute.

Easements are a common but often misunderstood part of New York real estate law. They frequently arise with shared driveways, access roads, utility lines, and drainage systems, and they can significantly affect how a property is used, sold, or developed. Whether you are buying property, selling land, or dealing with a neighbor dispute, understanding how easements work in New York is essential to protecting your rights. What Is an Easement? An easement is a legal right that allows one party to use a portion of another person’s property for a specific purpose. The property owner retains ownership of the land, but their use of it may be limited by the easement holder’s rights. Common examples include shared driveways, access paths, utility lines, and drainage channels. How Easements Are Created in New York New York law recognizes several ways an easement can be created. Each method has specific legal requirements and potential complications. Express Easement (Written Grant) An express easement is created through a written agreement between the property owner (the grantor) and the party receiving the easement (the grantee). To be enforceable, the agreement must be properly executed, clearly describe the easement and its purpose, and be recorded in the county where the property is located. Easement by Implication An easement may be implied when it is reasonably necessary for the use and enjoyment of a property, based on how the land was historically used and divided. Courts closely examine the circumstances surrounding the property transfer when determining whether an implied easement exists. Easement by Prescription A prescriptive easement may arise when someone uses another person’s property openly, continuously, and without permission for at least ten years in New York. This does not grant ownership of the land, only the right to continue the use. Easement by Necessity When a property is landlocked and has no reasonable access to a public road, a court may grant an easement by necessity. These easements are limited to what is required for access and generally last only as long as the necessity exists. Common Types of Easements in New York Easements serve many purposes depending on the nature of the property and its location. Right-of-Way Easements Right-of-way easements allow access across another property and are commonly used for shared driveways, private roads, and access paths. Disputes involving right-of-way easements are among the most frequent in New York. Utility Easements Utility companies often hold easements that allow them to install, maintain, and access electrical lines, water and sewer pipes, gas lines, and telecommunications infrastructure. These easements can limit where property owners build or make improvements. Conservation Easements A conservation easement restricts development in order to preserve environmental, scenic, or historic features of a property. These easements are often permanent and granted to government agencies or nonprofit organizations. Drainage Easements Drainage easements allow water to flow across one property for the benefit of another. They help manage stormwater and prevent flooding but can create disputes when maintenance responsibilities are unclear. Rights and Responsibilities of Property Owners and Easement Holders The rights and responsibilities of each party depend on how the easement was created and the language governing it. In general, the easement holder may use the property only for the stated purpose, while the property owner retains ownership and overall control of the land. Neither party may interfere with the other’s lawful rights. How Easements Can Be Terminated in New York Easements may end under certain circumstances. A written release may occur when the easement holder voluntarily relinquishes their rights in writing. Abandonment can occur when the easement holder stops using the easement and clearly demonstrates intent to abandon it, although nonuse alone is often not enough. An easement may also terminate through merger if one party acquires ownership of both the easement and the underlying property. Some easements expire automatically if they were created with a specific duration or condition. When to Contact a New York Easement Attorney Easement issues often lead to disputes involving property access, boundaries, development rights, and property value. Because easements can be complex and highly fact-specific, working with a New York real estate attorney can help you understand your rights, enforce or challenge easement claims, and resolve disputes before they escalate. Our easement attorneys in Long Island has handled numerous easement matters throughout New York and understands how these issues affect property owners in real-world situations. If you are facing an easement concern or potential dispute, we are happy to discuss your options. Call us at 516-475-4428 to schedule a consultation.

Issues with the title of a property can cause big delays. Talk to a residential real estate lawyer with experience here in Long Island, N ​ Y right from the beginning, so you can have confidence that the title is clear. And if you're already in the midst of a mess, a lawyer can help you sort through it as quickly as possible. Here's what to expect. What Happens If a Property Title Issue Delays Closing in the Long Island, NY Area? Transaction Limbo When there's an issue with the title, everything enters a state of limbo and uncertainty. Ownership cannot transfer when the title is not clear because the owner now cannot legally pass on full rights to the property. And because lenders are very protective of their investments, they typically won't give a mortgage loan until this problem gets fixed. Things can be paused like this for days, weeks, and sometimes even for months. It all depends on how serious and complicated the issue is. Penalties and Negotiation Your real estate contract will include a closing date, which is usually expressed as "on or about" a certain day. In practical application, this usually means you have 30 days past that date to get things worked out. But if that delay continues for too long, there may be penalties outlined in your contract. If the seller can't get the title issue fixed pretty quickly, they will often enter into negotiations, because if both parties agree, that closing date can be pushed off a bit. End Result The end result depends on whether the title issue can be fixed. If it can, hopefully the sale goes through and in a timely fashion. If it can't, then the worst-case scenario is that the sale falls through. The best way to avoid the issue in the first place is to work with a real estate attorney who can investigate the title thoroughly right from the beginning. How Title Issues Get Fixed There are a variety of possible title issues, so the fix depends on what kind of issue you encounter. In some cases, you may have to pay an outstanding claim against the property, after which there will be a formal release recorded with the county clerk. In other cases, documentation is wrong and needs to be corrected. And in yet other cases, you may have to hire a surveyor to clarify where the boundaries of the property are. Sometimes the primary fix is just negotiation. If the issue on the title is minor, such as an easement intruding farther into the property than was originally advertised, then the buyer and seller may be able to negotiate for new terms that will allow the sale to just go through. Talk to a Long Island Residential Real Estate Lawyer Today Wherever you are in the process, it's always in your best interests to get sound legal advice. Contact Chiariello & Chiariello in Glen C ove, NY today to get advice on your situation and experienced representation to protect your interests.

In a New York real estate transaction, an appraisal can either move a deal forward or bring it to a sudden halt. Buyers and sellers often assume that once a contract is signed, the hardest part is over. In reality, appraisal problems are one of the most common reasons real estate deals in Long Island are delayed or fall apart before closing. Understanding how appraisal issues arise and how they are handled under New York real estate contracts can help buyers and sellers protect their interests before a problem escalates. What Is a Real Estate Appraisal? A real estate appraisal is an independent assessment of a property’s market value, typically ordered by the lender. Lenders rely on the appraisal to confirm that the property supports the loan amount being requested. If the appraisal supports the contract price, the transaction usually moves forward. If it does not, the deal can quickly become unstable and may require legal guidance from a real estate attorney in Long Island. Common Appraisal Issues in New York Real Estate Transactions Low Appraisal Value The most common appraisal issue occurs when the appraised value comes in below the agreed purchase price. When this happens, the lender may refuse to finance the full loan amount, leaving the buyer responsible for covering the difference or renegotiating the deal. Inconsistent Comparable Sales In Long Island real estate markets, property values can vary significantly from one neighborhood to the next. Appraisers may rely on comparable sales that do not accurately reflect the subject property, leading to valuation disputes. Unique or Older Properties Homes with unique features, extensive renovations, or older construction can be difficult to value. Appraisers may struggle to find appropriate comparisons, resulting in conservative or disputed valuations. Market Volatility Rapid changes in the real estate market can cause appraisals to lag behind current buyer demand. In competitive Long Island markets, buyers may agree to prices that appraisals cannot immediately support. How Appraisal Issues Delay Closings When an appraisal comes in low or is challenged, the closing process often slows down while the parties attempt to resolve the issue. Delays may involve ordering a second appraisal, requesting a reconsideration of value, renegotiating the purchase price, or adjusting loan terms. These delays can last weeks and may create additional legal complications if contract deadlines are approaching. At that stage, speaking with a Long Island real estate attorney can help clarify rights and options. When Appraisal Issues Kill a Deal Some appraisal problems cannot be resolved. Real estate deals may fall apart when the buyer cannot cover the appraisal gap, the seller refuses to adjust the price, financing contingencies are not satisfied, or market conditions shift during extended delays. If the contract allows cancellation based on financing or appraisal contingencies, the transaction may legally terminate. If not, disputes over deposits and breach of contract can arise, often requiring legal intervention. Buyer Risks When Appraisals Come in Low Buyers face difficult decisions when an appraisal does not support the purchase price. Covering the difference out of pocket can strain finances, while walking away may result in lost time or potential deposit disputes depending on contract terms. A real estate attorney in Long Island can review the contract and explain how appraisal issues affect a buyer’s rights before irreversible decisions are made. Seller Risks Related to Appraisal Problems Sellers often assume appraisal issues are solely the buyer’s problem. In practice, a low appraisal can force price reductions, delay the sale, or signal challenges with future buyers. Legal advice can help sellers understand how to respond strategically while protecting their contractual position. How Appraisal Disputes Are Resolved Resolution depends on the contract language and the willingness of both parties to negotiate. Common outcomes include price adjustments, buyer contributions toward appraisal gaps, contract amendments extending deadlines, or mutual termination of the agreement. When negotiations stall, guidance from a Long Island real estate lawyer can help determine the best path forward. Why Legal Guidance Matters in Appraisal Disputes Appraisal issues often intersect with financing contingencies, contract deadlines, and deposit disputes. An experienced real estate attorney can review appraisal-related contract provisions, advise on legal exposure, assist with negotiations, and help resolve disputes before they escalate into litigation. When Deadlines Matter Appraisal problems can quickly put a New York real estate transaction at risk. Buyers and sellers benefit from understanding their legal position early, especially when deadlines, financing, and deposits are involved. If an appraisal issue is delaying or threatening your real estate deal, speaking with a real estate attorney in Long Island can help protect your rights and avoid unnecessary loss. Chiariello & Chiariello represents buyers and sellers throughout Long Island in complex real estate disputes and transaction issues. To discuss your situation, contact the firm to schedule a consultation and get guidance tailored to your transaction.

In New York real estate transactions, deadlines matter—but not all deadlines carry the same legal weight. One phrase in particular can dramatically change the outcome of a delayed closing: “time is of the essence.” Buyers and sellers often see this language in contracts or pre-closing notices without fully understanding its consequences. In practice, a time is of the essence clause can determine whether a deal survives a missed deadline or collapses entirely. What Does “Time Is of the Essence” Mean in Real Estate? A time is of the essence clause makes a contractual deadline legally strict. When this language applies, failure to perform by the specified date is considered a material breach of the contract, not a minor delay. Without this clause, New York courts often treat closing dates as flexible, allowing reasonable delays if the parties are acting in good faith. Once time is of the essence is invoked, that flexibility disappears. Where Time Is of the Essence Appears in NY Transactions In New York, time is of the essence may appear in two main ways: In the original contract – Some contracts include this language from the outset, making deadlines strict from day one. By written notice before closing – More commonly, one party serves a formal notice making time of the essence after delays or concerns arise. A proper notice must clearly state: That time is now of the essence A specific closing date That failure to close on that date will result in default Courts closely scrutinize these notices, and mistakes in wording or timing can invalidate them. How It Impacts Buyers For buyers, a time is of the essence deadline can be risky if financing, inspections, or title issues are not fully resolved. If a buyer fails to close on a valid time of the essence date, they may: Lose their deposit Be declared in default Lose the right to enforce the contract This is especially important in competitive Long Island markets, where delays are common but tolerance can disappear quickly once this clause is invoked. How It Impacts Sellers For sellers, time is of the essence can be a powerful tool—but also a potential liability. If a seller invokes the clause improperly or is not ready, willing, and able to close on the stated date, the seller may: Be found in breach themselves Lose the right to cancel the contract Face legal claims from the buyer A seller cannot use time is of the essence to pressure a buyer while failing to meet their own obligations. Common Situations Where Disputes Arise Time is of the essence disputes often arise when: Financing approval is delayed Title defects surface late in the process One party is using delays strategically Market conditions change and one side wants out In these situations, whether the clause was properly invoked—and whether the parties complied—can determine who keeps or forfeits significant sums of money. Is Time Is of the Essence Automatic in NY? No. Time is not automatically of the essence in New York real estate contracts. Unless the contract explicitly states it, courts usually treat closing dates as target dates, not drop-dead deadlines. That distinction is critical. Many buyers and sellers mistakenly assume that missing a closing date automatically voids the deal. In reality, the legal consequences depend on whether time was formally made of the essence. Why Legal Guidance Matters Because time is of the essence clauses carry serious legal consequences, they should never be taken lightly. Whether you are considering invoking one—or responding to one—legal review is essential. An experienced real estate attorney can: Evaluate whether the clause or notice is legally valid Advise on risks before a closing deadline Protect deposits and contractual rights Help resolve disputes before they escalate into litigation Time is of the essence clauses can protect parties from endless delays, but they can also abruptly end a transaction if mishandled. In New York real estate closings, understanding when deadlines are flexible—and when they are absolute—can make the difference between closing successfully and facing costly legal consequences. Chiariello & Chiariello advises buyers and sellers throughout Long Island on complex real estate disputes and contract enforcement issues. If questions arise about deadlines, closing delays, or contract enforcement, contact us today!

Real estate contracts play a crucial role in property transactions, outlining the rights and responsibilities of each party involved. However, what happens when these contracts are breached? Understanding the consequences of a breach is essential for anyone involved in real estate dealings. Chiariello & Chiariello, a trusted legal firm in New York, specializes in guiding clients through such complexities. This blog post delves into the intricacies of real estate contract breaches in New York, offering insights and solutions with the expertise of Chiariello & Chiariello. What Constitutes a Breach of Contract? A breach of contract in real estate occurs when one party fails to fulfill their obligations as set forth in the agreement. This can manifest in various ways, disrupting the process and potentially leading to legal disputes. Common examples of breaches include: Failure to Close on Time: While New York generally adheres to “on or about” closing dates, if either party declares “time of the essence” and the other party fails to close, it can be considered a breach. Mortgage Contingencies: Generally, mortgage contingencies in New York contracts require the purchaser to advise the seller by a set deadline if they cannot obtain financing. If the buyer fails to provide this notice, they will be in breach if they cannot proceed with the sale. Title Defects: The seller must provide a clear title as well as proper certificates of occupancy for the structures upon the property; failing to do so can be considered a breach if there is no alternative remedy in the contract. Understanding these types of breaches helps parties recognize when a contract has been violated, prompting timely legal action. Remedies for the Non-Breaching Party When faced with a breach of contract, the non-breaching party has several remedies at their disposal. The choice of remedy depends on the circumstances and the severity of the breach. Key options include: Specific Performance: This legal remedy compels the breaching party to fulfill their contractual obligations by transferring the property to the buyer upon payment of the sale price. It's often used when a party fails to close on time after a “time of the essence” closing is declared. Monetary Damages: Often, if the seller is the non-breaching party, he can seek compensation for losses incurred due to the purchaser’s breach. This may include forfeiture of the buyer’s downpayment or other costs related to finding a new buyer. Rescission: This option allows the contract to be canceled, relieving both parties of their obligations and potentially leading to restitution.  It is far less common, but if there is a mutual misunderstanding regarding the transaction of if the parties agree, a contract may be rescinded. Choosing the right remedy involves careful consideration and often requires legal guidance to ensure the best outcome. Legal Considerations in New York New York's real estate laws impose specific requirements and clauses that can impact how breaches are addressed. As noted above, contracts may include a "time is of the essence" clause, which emphasizes the importance of meeting deadlines for closing. Failure to adhere to these deadlines can lead to significant legal consequences. Additionally, New York courts typically require clear evidence of a breach, underscoring the importance of thorough documentation and communication throughout the transaction. Case Studies or Examples Examining real-life cases of contract breaches provides valuable lessons. Many cases involve repeated failures to close title in a timely fashion. In one case we recently handled, the seller failed to appear for a “time of the essence” closing date and the Supreme Court required him to proceed with the sale, even allowing the local Sheriff to transfer the property if he refused. In other instances, a buyer has been compelled to forfeit his downpayment because he did not get a mortgage on time and never notified the seller’s attorney in accordance with the mortgage contingency clause. These examples underscore the importance of clear communication and adherence to contract terms to avoid costly legal battles.  While many attorneys handle property transactions, Chiariello & Chiariello also handles real estate litigation – giving you extra insight into what issues may arise leading to a breach. Preventing Breaches Preventing breaches begins with meticulous contract drafting, review and clear communication between the parties. Here are some tips to avoid breaches: Thoroughly Review Contracts: Ensure all parties understand their obligations and the consequences of failing to meet them.  Make sure the contract accurately reflects the particular transaction in question – every property is unique. Maintain Open Communication: Regular updates and discussions can preempt misunderstandings. Seek Legal Advice: Consulting with experienced attorneys, like those at Chiariello & Chiariello, can help identify potential issues and ensure contracts are drafted to avoid potential pitfalls. Proactive measures can save time and resources by preventing disputes before they arise. Chiariello & Chiariello’s Expertise Chiariello & Chiariello stands out with their extensive experience in handling real estate closings and disputes in New York. Their team provides personalized legal guidance, ensuring clients are well-informed and prepared to address any contractual challenges. Whether you're facing a breach or seeking to draft a solid contract, our attorneys are ready to assist. For more information and to schedule a consultation, visit our Contact Us page. Conclusion Real estate contract breaches can have significant implications, but understanding your rights and remedies allows you to navigate these challenges effectively. With the expertise of Chiariello & Chiariello, New York residents can confidently address breaches and secure their real estate investments. Legal guidance is invaluable in these situations, ensuring that your interests are protected and your transactions proceed smoothly.