4 Situations to Hire a Real Estate Attorney in Long Island

In Long Island, you’ll need a real estate attorney when buying or selling a property, as legal representation is mandatory for sales and purchases. You may also need an attorney for other real estate transactions, whether due to legal requirements or to clarify complex issues. If in doubt, schedule an appointment with our Long Island real estate attorneys to discuss your options.

4 Situations to Hire a Real Estate Attorney in Long Island

Seller Financing

In New York, only licensed attorneys are permitted to draft deeds and mortgage documents. With seller financing, there is typically no traditional mortgage, only a finance agreement. This means the only document the attorney is legally required to draft is the deed.

Although it’s not mandatory to use an attorney for the finance agreement, it’s strongly advisable. Several potential pitfalls exist for both buyer and seller, and a properly drafted legal agreement can provide protection. An attorney can draft a promissory note that outlines the financing terms and consequences of default. A promissory note is legally binding, and an attorney can also assist with enforcement if required.

Tenant-Landlord Disputes

New York has strict eviction laws which can make it difficult for a landlord to remove a problematic tenant. Even with legal justification for eviction, an attorney is often advisable to handle the case in court. An attorney may also assist with tenants who refuse to vacate after a lease expires, or those who fail to pay rent.

Tenants may also require an attorney to deal with landlords who are acting unlawfully, such as unfair eviction or failure to maintain safe living conditions. An attorney can also assist with disputes over security deposit returns.

Probate or Inheritance

When a property owner dies, any real estate not held in a trust must go through probate. This can be a complex and lengthy process, especially if disputes arise among beneficiaries. An attorney can assist executors with the legal transfer of property, including resolving title issues. This may involve selling the property and distributing the proceeds accordingly.

If heirs have any concerns about real estate, an attorney can assist with ownership claims or contesting the will. This may include representing heirs in court, as well as managing all communication. For individuals who are recently bereaved, professional assistance is often invaluable.

Property Disputes

Disputes can occur after a sale that may require the services of a real estate lawyer. Examples of this could include disputes over property boundaries or easements. An attorney can review the property deeds and conduct title searches before negotiating to reach a final settlement. If necessary, an attorney can present the findings in court.

Changing land use can also be a contentious issue. In New York, property owners must request a permit to alter the approved use of land, such as changing from residential to commercial use. A lawyer can help with the application process and represent clients before a hearing panel.

As a family-owned law firm, we understand the importance of property, especially when it’s your home. Schedule a free consultation with us today at Chiariello & Chiariello in Long Island, NY to discover how we can help. 

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