Ask a Lawyer: 3 Tips for Resolving a Breach of Contract Dispute in New York

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. more 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.

Purchasing a home is a significant step. However, in Glen Cove, NY, and throughout the state, disputes over home purchase contracts are not uncommon. Whether the issue relates to missed deadlines, failure to disclose property defects, financing problems, or breaches of contract terms, residential real estate litigation may prove the path to a satisfactory resolution. more How Can a Lawyer Help Resolve a Dispute Over a Home Purchase Contract? Reviewing the Contract and Identifying Issues Home purchase contracts are usually lengthy and detailed, covering everything from contingencies to closing procedures. As lawyers, we begin by reviewing the contract carefully to identify the rights and obligations of both buyer and seller. We can then assess whether the other party has violated any provisions and determine what remedies may be available. For example, if a seller refuses to complete agreed-upon repairs or a buyer fails to secure financing in time, we can determine whether these failures constitute a breach and what legal consequences might follow. A Dispute Example: The Glen Cove, NY Townhouse Imagine a buyer has contracted to purchase a townhouse. The agreement requires the seller to disclose all known material defects and maintain the property's condition until closing. During the final walk-through, the buyer discovers significant basement water damage from a leaky foundation, an issue that the seller never disclosed. The buyer wants to either negotiate a repair credit or back out without losing the deposit, while the seller insists the purchase must proceed. The buyer calls us in to advise on the situation. We would first review the seller's disclosure obligations under New York law. If the seller knowingly concealed the defect, this could allow us to argue breach of contract or even fraud. The buyer has various options: negotiating a credit, rescinding the contract and recovering the deposit, or suing for damages. We might first negotiate directly with the seller's attorney, presenting evidence and pushing for a fair settlement. If talks fail, we can move to litigation, using discovery to uncover whether the seller knew about the defect. Remedies Provided by Residential Real Estate Litigation New York contract law provides various remedies when one party breaches a real estate agreement. Many disputes can be resolved without going to court, through negotiating extensions, credits, or revised terms to keep deals alive. If settlement proves difficult, mediation offers a structured way to reach a resolution. However, if these methods prove ineffective and there is no option but to litigate, we will both handle the procedural requirements of New York real estate litigation and advocate for you effectively in court. We will discuss your options with you ahead of time and together evaluate which remedy will best align with your goals. Depending on the situation, this may mean arguing to secure the property, walking away cleanly, or recovering financial losses. Whatever issues you may be facing in your home purchase, we can help. To book a consultation with an experienced attorney, contact us at Chiariello & Chiariello in Glen Cove, NY.

When purchasing a home, buyers may experience moments of doubt or encounter unexpected issues that lead them to reconsider the decision. If you’re a homebuyer, you might wonder: Can you back out of a home sale without facing legal consequences? Understanding your rights and the legal implications of canceling a home purchase is essential to avoid unnecessary complications. more At Chiariello & Chiariello, a trusted law firm based in Glen Cove, NY, we understand that real estate transactions can be complex. In this article, we’ll walk you through the potential legal ramifications of backing out of a home sale, and how working with an experienced real estate lawyer can help safeguard your interests. What is a Real Estate Contract and Can You Legally Cancel It? A real estate contract is a binding agreement between a buyer and a seller. Once both parties have signed, the agreement is legally enforceable. As such, backing out of a home sale without legal justification could lead to legal consequences, including loss of deposits or even lawsuits for breach of contract. However, in some cases, buyers do have the option to cancel the contract without facing such penalties. Buyer's Contingencies in Real Estate Contracts One of the main ways a buyer can legally back out of a home sale is through contingencies. A contingency clause allows the buyer to cancel the sale under certain conditions, such as: Home Inspection Contingency: If a home inspection uncovers significant issues, such as structural damage or plumbing problems, a buyer may back out of the deal without facing legal penalties. Appraisal Contingency: If the property doesn’t appraise for the purchase price, a buyer may have the right to cancel the contract and walk away without consequences. Financing Contingency: If the buyer is unable to secure financing, they may back out of the sale without legal repercussions. Title Issues Contingency: Problems with the title of the property, such as liens or ownership disputes, can also provide a valid reason to cancel the sale. When is It Difficult to Back Out of a Home Sale? While contingencies offer some protection, there are situations where backing out of a home sale is more difficult, especially if no contingency applies. Buyers should be aware of the following potential legal issues: No Contingencies in the Contract If a real estate contract doesn’t include contingencies, a buyer may have limited options to cancel the agreement. Without these clauses, the buyer could be held liable for breach of contract, which may result in legal action from the seller, including keeping the earnest money deposit. Other Contractual Terms Some other clauses used in real estate contracts, such as "time is of the essence" clauses, put pressure on the buyer to close by a specific date. Failing to meet this requirement without valid grounds could result in financial and legal penalties.  These clauses are not often used in New York, but when they are you need a competent attorney to help you navigate the pitfalls. Seller’s Claims If the buyer attempts to back out of the sale, the seller could potentially file a lawsuit for damages, potentially beyond the downpayment amount, particularly if they are unable to sell the property to another buyer at the same price or within the same timeframe. What Are the Legal Consequences of Backing Out of a Home Sale? If a buyer backs out of a home sale without legal justification, they could face a variety of consequences. Here are some of the most common legal repercussions: Loss of Earnest Money Deposit: When a buyer makes an offer on a home, they often put down an earnest money deposit to show their commitment. If the buyer backs out without valid grounds, they could lose this deposit, which typically ranges from 5% to 10% of the sale price.  This is the primary element of damages when a buyer backs out of a deal without good cause. Breach of Contract: If no contingency clauses allow the buyer to cancel the sale, they could be considered in breach of the contract. The seller may sue for damages resulting from the buyer’s inability to complete the purchase. How to Protect Yourself as a Buyer in a Real Estate Transaction Understanding your rights as a buyer is essential to protecting yourself in a home purchase. Here are some tips for navigating the process smoothly: Work with an Experienced Real Estate Lawyer: A real estate lawyer can help you review the contract, ensure that contingencies are included, and provide guidance on how to legally back out of a sale if necessary. At Chiariello & Chiariello in Glen Cove, NY, we specialize in real estate law and can help you protect your interests in a home purchase. Negotiate Contingencies: If you're in the process of negotiating a home purchase, be sure to include contingencies that allow you to back out if specific issues arise. Your attorney can help draft and review these provisions to ensure they’re legally sound. Thoroughly Review the Contract: Before signing a real estate contract, take time to review the document carefully and understand all the clauses involved. Be aware of any "time is of the essence" clauses, and ensure you know the consequences of failing to meet deadlines. Be Prepared to Act Quickly: In some cases, situations may arise that necessitate canceling a home purchase. If you find yourself needing to back out, it's essential to act quickly and consult a lawyer to ensure you're within your legal rights. Contact Chiariello & Chiariello for Legal Guidance If you’re considering backing out of a home sale or are currently involved in a real estate transaction, having an experienced lawyer by your side can help ensure your rights are protected. At Chiariello & Chiariello, we offer comprehensive legal services to buyers and sellers in Glen Cove, NY, and throughout Long Island. Contact us today at 516-475-4428 or visit our contact page to schedule a consultation and ensure that your real estate transaction goes smoothly. Conclusion Backing out of a home sale is not always a simple process, and it can come with significant legal consequences if not handled correctly. Whether you’re facing issues with the property, financing, or other contingencies, it’s important to understand your options. By working with an experienced real estate lawyer, you can navigate the complexities of the process and protect yourself from legal pitfalls. Contact Chiariello & Chiariello today for professional legal assistance in all matters related to real estate law.