Marcin P. Zola’s Answers

Marcin P. Zola

New York Real Estate Attorney.

Contributor Level 7
  1. How can I find the commercial value of a property that is currently used as residential?

    Answered over 1 year ago.

    1. Marcin P. Zola
    2. Richard J. Chertock
    3. Noah D. Cohen
    4. Jayson Lutzky
    5. Peter J Weinman
    6. ···
    7 lawyer answers

    The easiest way to determine the value of your property is to commission a commercial real estate appraiser. They go through a detailed process that determines the value of the property. Note that a large number of the appraisers derive value by estimating the rents that the property would collect if it was currently used for commercial purposes. Appraisers are bound by a strict code of ethics that requires him/her to provide an unbiased opinion. However if you are seriously contemplating...

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  2. What is the least expensive way to buy out a deed from the bank

    Answered over 1 year ago.

    1. Marcin P. Zola
    2. Adam Lefkowitz
    3. Jayson Lutzky
    3 lawyer answers

    I agree with my colleague. Banks will enforce the loan especially when the estimated value is less than the value of the property. There is no obligation for the bank to negotiate. However you might get lucky, but don't hold your breath. Furthermore, if you claim default and stop making payments the bank will foreclose on the property and your credit will be adversely effected. Additionally, once they sell the property you will still be responsible for the difference. Refinancing and "early buy...

    6 lawyers agreed with this answer

  3. My signature was forged on the lease agreement by a dealership. What can I do?

    Answered over 1 year ago.

    1. Marcin P. Zola
    2. Richard J. Chertock
    3. Edwin Drantivy
    3 lawyer answers

    It sounds like you have a very good fraud and breach of contract claim. Contact a lawyer as soon as possible. It will be to your benefit to get in front of this sooner rather than later. Do not negotiate with the lessor without a lawyer. Good luck.

    4 lawyers agreed with this answer

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  4. Permits and licenses to start an online business or a business from a post office box.

    Answered over 1 year ago.

    1. Matthew Adam Pek
    2. Marcin P. Zola
    3. Edwin Drantivy
    3 lawyer answers

    In NY, permits and licenses can be broken down into State and Municipal categories. State licenses usually are related to either professional fields like: medicine, gambling, law, accounting etc. Additionally special state filings need to be made to create businesses like Partnerships, Limited Liability Companies, Limited Liability Partnerships, C-type Corporations or S-type Corporations. Each of these business has unique requirements for formation, need special registration with the IRS, and...

    4 lawyers agreed with this answer

  5. If im incorporated (c corp), working as a salesman getting refferals for a home care agency ,can i get paid with a w2?

    Answered over 1 year ago.

    1. Marcin P. Zola
    2. John P Corrigan
    2 lawyer answers

    An officer/shareholder can generally work for the corporation and collect a salary. If you collect a salary, a W-2 is the appropriate form. A C corp then can deduct any reimbursed expenses or losses but the Corporation will deduct its own business expenses when it files taxes. If this is a small corporation you should consider an S corp election. With an S corp you do not get double taxed on income and dividends, but only income. If you need more info, you should contact an accountant or tax...

    3 lawyers agreed with this answer

  6. NYC Deed Transfer on my house.

    Answered over 1 year ago.

    1. Matthew Scott Kam Tannenbaum
    2. Vincent J. Gallo
    3. Marcin P. Zola
    4. Yefim Rubinov
    4 lawyer answers

    To work off of what my esteemed colleagues said, having an attorney involved would save you a lot of potential trouble. However if you are really, without a doubt, trying to do this in the cheapest way possible, you can file use a device known as a quitclaim deed. It just transfers ownership interest without the guarantees associated with a regular "warranty deed." You can find NY quitclaim deeds all over the internet. Please note that I would not trust an "paper-mill" website and I would...

    3 lawyers agreed with this answer

  7. In a C-Corporation, can a partner stop another partner from selling out of the company if there is no buy sell agreement?

    Answered over 1 year ago.

    1. Marcin P. Zola
    2. Frank A. Natoli
    3. Robert John Murillo
    3 lawyer answers

    Generally, unless conspicuously noted on the share certificate, restrictions on transfers are not enforceable against a shareholder who has no way of knowing about them. New York considers shares as personal property and forbids unreasonable restrictions on their sale. Additionally, where a selling shareholder is required to obtain consent of other shareholders, New York courts have found such a restriction to be not enforceable. However there are exceptions in tenant-shareholder cooperatives...

    3 lawyers agreed with this answer

  8. Is there anyway to get the amount of money reduced on a promissory note?

    Answered over 1 year ago.

    1. Marcin P. Zola
    2. Eric Edward Rothstein
    3. Alan James Brinkmeier
    3 lawyer answers

    First, stop posting online that you admitted to stealing. Even though the employer agreed to not pursue civil charges you can still get charged criminally. Second, to get the facts straight: you got caught stealing, ended up admitting it, signed an affidavit to that effect, agreed to pay back a certain amount in exchange for not reporting it to the police, and now you regret agreeing to the amount. So what are your options? You have no leverage to renegotiate. (Unless you know of third...

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  9. Can a landlord tell you to leave and find another place to live if you are three weeks late with your rent?

    Answered over 1 year ago.

    1. Alan James Brinkmeier
    2. Marcin P. Zola
    3. Peter J Weinman
    4. Richard J. Chertock
    5. Michael C. Wild
    5 lawyer answers

    I agree with my colleague. Your rent is month to month with the same terms as the lease. You are not late with the rent until after the usual time when the rent is due. Additionally, you have a right to enjoy the property without being harassed. Please refer to the link below: http://www.housingnyc.com/html/resources/attygenguide.html#27 If this behavior from the landlord persists, you can take the landlord to housing court. While you don't need an attorney for this, an attorney can...

    2 lawyers agreed with this answer

  10. If i want to finance a car for my daughter as a gift but have her name and her insurance is that possible

    Answered over 1 year ago.

    1. Marcin P. Zola
    2. Richard J. Chertock
    3. Gary P. Bartosiewicz
    3 lawyer answers

    Lenders do not have to lend you money. Dealership usually have a lender that they work with exclusively. Ford Dealerships have the Ford Motor Finance Company, Nissan has Nissan Motor Acceptance Corporation, etc. but you get the point. Each one of these lenders has different rules and regulations. I believe that auto loan lenders want to have the owner of the car as the lender so if the loan is defaulted on they can repo it without a legal battle from a third party owner. It is all about...

    2 lawyers agreed with this answer