Adam Elliot Karhu’s Answers

Adam Elliot Karhu

Melville Real Estate Attorney.

Contributor Level 5
  1. When a person creates a fake rental

    Answered over 1 year ago.

    1. Adam Elliot Karhu
    2. Steven Warren Smollens
    3. Michael T Millar
    4. Eric Edward Rothstein
    5. Anthony A. Ferrante
    5 lawyer answers

    It's called mortgage fraud and it is punishable by up to 30 years in federal prison, $1,000,000.00 fine or both.

    6 lawyers agreed with this answer

  2. Real estate possession after closing.

    Answered over 1 year ago.

    1. Adam Elliot Karhu
    2. Yefim Rubinov
    3. Noah D. Cohen
    4. Vincent J. Gallo
    4 lawyer answers

    First of all, you should not be representing yourself in a real estate transaction. My advice is always to do everything possible to obtain vacant possession at closing- it can prevent a lot of headaches going forward. Having said that, if there are no other options, the contract should require a large escrow amount held back in the event that the seller stays longer than he or she is supposed to ( and/or for damages). In addition, a strict per day amount should be specified for liquidated...

    4 lawyers agreed with this answer

  3. What are my legal rights concerning landlord negligence during Hurricane Sandy?

    Answered over 1 year ago.

    1. Adam Elliot Karhu
    1 lawyer answer

    You will not be liable for the time that the apartment was uninhabitable. Your lease might speak to this sort of "act of god" circumstance and should be reviewed by a qualified attorney to see what your rights and obligations are. This is not negligence though. It might be considered a constructive eviction or a breach of the implied warranty of habitability. Depending on your lease, you may have to go back to the space when it is habitable and start paying rent again but in the time being, you...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Time is of the essence notice for real estate purchase.

    Answered over 1 year ago.

    1. Adam Elliot Karhu
    2. Vincent J. Gallo
    3. Noah D. Cohen
    4. Michael David Siegel
    4 lawyer answers

    On or about means anywhere from 30 days before that date to 30 days after. You cannot send a time is of the essence until 30 days after the original 60 days and you must give them reasonable time to close after that (2 weeks). Bear in mind that if you try to default them and keep their down payment they will most likely argue against a default and perhaps file a lis pendens against the property to prevent you from selling until the down payment issue is resolved. Many other facts are...

    3 lawyers agreed with this answer

  5. Selling a home without a C of O

    Answered over 1 year ago.

    1. Adam Elliot Karhu
    2. Matthew Scott Kam Tannenbaum
    3. Noah D. Cohen
    4. Vincent J. Gallo
    5. Joseph Allen Bollhofer
    6. ···
    6 lawyer answers

    Legally speaking, you can contract to sell your house in whatever condition a willing buyer will take it. However, many banks will require all the CO's in place prior to closing (with some exceptions). Speak with a qualified attorney who will draft your contract and ensure that you will not have to expend more money or energy than you'd like in obtaining or having the buyer obtain the necessary CO/CO's.

    3 lawyers agreed with this answer

  6. Is there a legal time frame for seller bank to make decision on Short sale in Bellmore NY

    Answered over 1 year ago.

    1. Adam Elliot Karhu
    2. Noah D. Cohen
    3. Steven Zalewski
    3 lawyer answers

    Generally a short sale contract should specify a time period for obtaining short sale approval (90-120 days). If the approval is not received within that time frame, the buyer and/or seller have the option to cancel the deal and the downpayment gets refunded to the buyer without any further rights or obligations by either party. Do you have an attorney? If so, he/she should be able to determine that timeline. If not, you should hire an attorney (as is the case with any real estate...

    3 lawyers agreed with this answer

  7. Can a landlord charge me to recarpet the whole apartment for a stain in one room?

    Answered over 1 year ago.

    1. Adam Elliot Karhu
    1 lawyer answer

    Because of different language in every lease, you probably want to speak with a qualified landlord-tenant attorney who can review your lease to determine your exact rights and responsibilities but depending on the size of your security deposit the landlord can only deduct damage above reasonable wear and tear (which a stain is). He is likely entitled to a portion of the security deposit to replace the carpeting in that area but it sounds unreasonable to re-carpet the entire place due to a small...

    2 lawyers agreed with this answer

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  8. Can a Homeowner's bank increase a sale price 4 months into a signed contract

    Answered over 1 year ago.

    1. Richard J. Chertock
    2. Adam Elliot Karhu
    3. Noah D. Cohen
    4. Mark Michael Campanella
    4 lawyer answers

    Unfortunately, that is the way it sometimes works with short sales. Although the seller was willing to sell to you at a lower price, the bank needs to make sure that they are getting proper value for their collateral, which is now underwater. These counteroffers are impossible to obtain earlier since the contract you signed with the seller is part of the offer to the bank. Hopefully you are getting a good enough deal that it is still preferable to move forward than to cancel the deal (which...

    2 lawyers agreed with this answer

  9. Broken Lease - need help

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Adam Elliot Karhu
    3. Glen P. Malia
    3 lawyer answers

    What is the term of the lease? Is it Annual (from when to when) or Month to Month? This can have a significant effect on the effective timelines of your exit. However, as Mr. Smollens stated, the general requirement to pay rent may have extinguished completely when the Landlord began to occupy the space as his own. Speak to an attorney and go over the lease and the specific facts to get a more thorough understanding of your rights and responsibilities.

    2 lawyers agreed with this answer

  10. No commitment date entered by lawyer on house P&S contract, what are my rights as a seller?

    Answered over 1 year ago.

    1. Adam Elliot Karhu
    2. Steven Warren Smollens
    3. Richard J. Chertock
    3 lawyer answers

    You need to find a lawyer who will properly represent your rights and make sure that your timeline is of utmost importance. Without seeing the contract, I cannot be certain on what your rights are but generally a commitment is intended as a buyer protection and without a commitment you are likely involved in a firm deal (probably all cash). Once the closing date comes and goes you need to send a TIE letter to force the buyer to close or risk his downpayment (and perhaps more depending on the...

    2 lawyers agreed with this answer