Purchasing or selling residential property in New York involves more than just signing a contract and handing over the keys. Every transaction has potential issues that need to be addressed to protect your rights and financial interests. A dependable residential real estate lawyer in Long Island, can help you understand the legal issues that commonly arise in residential real estate transactions. With the right guidance, you can approach your deal with clarity and confidence.
From a Residential Real Estate Lawyer in Long Island: Common Issues in Residential Real Estate Transactions
Title Defects and Ownership Disputes
A clear title is one of the most important components of a valid real estate transaction. If there are defects in the title, such as outstanding liens, unresolved ownership claims, or recorded easements, you may face serious legal and financial risks. Title insurance can help mitigate some of these risks, but it does not resolve ownership disputes themselves.
We assist you by conducting thorough title searches to uncover any problems before closing. If issues appear, we help you resolve them through negotiation, legal filings, or litigation when necessary. This ensures that you take ownership of a property free from hidden legal entanglements.
Issues With Property Disclosures
Under New York law, sellers must provide buyers with accurate and complete disclosures regarding the condition of the property. Common issues involve unpermitted renovations, lead paint, mold, structural problems, or drainage issues.
If you purchase a home and later discover material defects that the seller failed to disclose, you may have legal options available to you. We help you determine whether a seller misrepresented or failed to disclose important facts and advise you on possible courses of action under New York law.
Contractual Disputes and Contingencies
Residential real estate contracts in New York typically include contingencies for inspections, financing, and appraisals. Disputes often arise if either party attempts to back out of the deal or fails to meet contractual deadlines. Disagreements can also occur if inspection reports reveal defects or if the appraisal comes in lower than the purchase price.
We review your contract in detail and advise you on your obligations and rights under its terms. If a dispute develops, we advocate for your interests and work to resolve the matter through negotiation or litigation if necessary.
Problems With Property Boundaries
Boundary disputes in Long Island, can surface during residential transactions, particularly in older neighborhoods where property lines may not have been well defined. A discrepancy between the survey and the deed or the discovery of encroachments can cause delays or even derail the sale.
We coordinate with surveyors and title companies to clarify boundary lines and address encroachments before they become legal problems. If a dispute escalates, we represent you in asserting or defending your property rights.
Legal issues in New York residential real estate transactions can cause serious delays, unexpected costs, and future legal complexities. By understanding the risks and working with experienced counsel, you can protect your investment and ensure a smooth transaction. Schedule a consultation with us today at Chiariello & Chiariello to receive the legal advice you need to move forward with confidence.
Buying a Home in New York – The Process
Buying a home in New York is a complex process that involves several legal, financial, and logistical steps. Whether you’re purchasing a co-op, condo, or a single-family house, understanding the complete process can help you avoid costly mistakes and make informed decisions. Below is a step-by-step guide to the home-buying process in New York, covering the essential stages from preparation to closing.
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In New York, driveway easement issues are a frequent concern for homeowners. These legal matters often arise when one property owner uses part of a neighbor’s land for driveway access. This is common in suburban areas like Long Island or more densely populated regions such as Queens, where property boundaries can be tight and shared access is sometimes necessary.
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Purchasing a property is a big step and a significant financial decision that requires attention to detail and an awareness of local law. State law is designed to safeguard your interests, hold sellers accountable for disclosures, and ensures transparency during the transaction process. With the necessary legal support from a real estate lawyer in Long Island, NY, you can confidently understand these various safeguards and the effect they may have on your real estate transaction.
Read the rest of this entry »What Happens if the Seller Backs Out Before Closing?
You’ve entered into a real estate contract and are working through the many details needed to close, when suddenly the seller backs out. What happens? A real estate lawyer in Long Island, explains what factors affect how things unfold and what recourse there is for the buyer.
What Happens if the Seller Backs Out Before Closing?
First, Consider the Contract Terms
In New York State, most real estate contracts have contingencies, for example, inspection, sale of the buyer’s home, or financing. If the seller backs out for a reason that is not based on the contract terms, they may be considered in breach of contract. The contract will generally identify the means for dealing with a breach of contract.
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Property line disputes can be a significant source of stress for homeowners in Queens. Whether it’s a disagreement over a fence, a driveway encroachment, or a misunderstanding about boundary lines, these conflicts can quickly escalate. Resolving these issues efficiently requires the expertise of a real estate attorney in Queens who understands local property laws and can protect your rights.
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A well-drafted contract provides security for all parties in an agreement. If you suspect that the other party has breached the agreement, it’s advisable to hire a breach of contract lawyer as soon as possible. Different states have distinct rules about the available remedies for a proven breach of contract, so if you’re in Long Island, you should consult an attorney with experience with New York law.
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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.
Read the rest of this entry »Medical malpractice occurs when a medical professional or healthcare facility fails to provide the standard of care you could reasonably expect. If you’ve suffered as a result, a medical malpractice attorney could help you claim compensation. In this guide, we examine what constitutes medical malpractice in Glen Cove, NY, and what limitations apply.
Defining Medical Malpractice
Not every medical procedure or treatment goes as planned, and it’s not always due to negligence. There is an inherent risk in medical treatment, and sometimes complications occur without any individual or facility being liable. This is what makes medical malpractice claims so complex. In New York, to file a medical malpractice claim, the following criteria must all be met:
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It’s natural to worry sometimes about our loved ones when they have grown old and had to move into a nursing home. Are they happy? Are they safe? Are they being well looked-after? What if you suspect that they are not? A bruise from a fall may be as simple as that, or it may be the sign that your relative is being abused. At Chiariello & Chiariello in Glen Cove, NY, we know the importance of family. If your family needs to be protected, our nursing home negligence attorneys can make sure that everything possible is done to help.
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