Marc Andrew Landis’s Answers

Marc Andrew Landis

New York Real Estate Attorney.

Contributor Level 6
  1. Management company is asking me to come back to sign a new lease.

    Answered over 5 years ago.

    1. Marc Andrew Landis
    1 lawyer answer

    Based on the information presented, assuming that the management company will not sign a lease for the "original" apartment, and there is no "meeting of the minds" with respect to the "new" apartment, there is no contract, and you would be entitled to a refund of your deposit and first month's rent. You may or may not be able to recover other fees (such as credit checks).

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. Real estate title transfer

    Answered over 5 years ago.

    1. Marc Andrew Landis
    1 lawyer answer

    In order to transfer ownership of the cooperative shares of stock and the proprietary lease, you will need to have a "closing" involving the co-op corporation and the lender. The lender should be holding the existing shares and lease as security for its loan. These documents will have to be delivered to the corporation's transfer agent, so that replacement documents can be issued showing your daughter as the sole owner. You might be able to arrange this while keeping the current loan in...

    1 person marked this answer as helpful

  3. What are the disclosure requirements when selling a co-op in new york state

    Answered over 5 years ago.

    1. Marc Andrew Landis
    1 lawyer answer

    Generally, cooperative apartments in the state of New York are not subject to the "Property Condition Disclosure Act" or "PCDA" that applies to most residential property sales. The PCDA only applies to the sale of 1-4 family homes, and disclosure is not mandatory -- a seller can provide a $500 credit in lieu of completing the disclosure questionnaire. However, a customary contract for the sale of a cooperative apartment will still require the seller to disclose and represent certain...

    1 person marked this answer as helpful

  4. Tenants Rights ?

    Answered over 4 years ago.

    1. Marc Andrew Landis
    1 lawyer answer

    The answer to your question depends on a variety of factors, most of which are not addressed in your question. Do you have a written lease agreement? If so, does the lease agreement specify that the landlord will make the repairs? If so, you could go to court to enforce the terms of the lease. Even if there is no written lease agreement, you could still seek to enforce a verbal agreement, but it is a more difficult task to provide what the landlord said to you. If the "unsafe...

  5. Do I need to hire a lawyer for settlement of minor real estate dispute?

    Answered over 5 years ago.

    1. Marc Andrew Landis
    1 lawyer answer

    In the absence of any written agreement between you and your former girlfriend, a court might construe her contributions to the construction and operation of the property (including the purchase of appliances) to mean that she is entitled to reimbursement for the value of her contribution. Depending on all of the facts and circumstances, this contribution might be a reimbursement for the exact expenses that she incurred, or a court might view her as a "partner" entitled to a proportionate...