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Peter Klose

Peter Klose’s Answers

24 total

  • Is the seller entitled to see a credit report from an all-cash buyer?

    trying to buy a co-op in Westchester county, ny. Real estate agent says we need to provide a credit report to the seller even though we are an all cash buyer. Is this required by law? I prefer not to do it because of the sensitive nature of the...

    Peter’s Answer

    I think that the realtor would prefer "proof of funds"-- you can have all of the credit in the world and no money.

    Print out a copy of your cash on account -- remove all bank information and account numbers and give that to them.

    Good luck and hire an attorney who knows real estate, being careful with Port Chester building code violations.

    Peter

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  • Unmarketable title and title insurance

    How can title insurance protect someone who wishes to sell their house and find out they have unmarketable, clouded title? (no liens, mortgages, or conveyances were done after the issuance of the title insurance policy). The insurance policy is ba...

    Peter’s Answer

    There are many issues to consider when reviewing a title policy, not the least of which is who is the "insured" under the policy. From your question, it is unclear whether you are the "insured." Assuming you are the insured, it would depend upon what the claim might be. Most encumbrances, like liens, mortgages, and prior conveyances of interests in the real property would only be covered by the Title Insurance company if they occurred BEFORE you purchased the house.

    This is a tricky area of the law, where Title Insurance Companies use every trick in the book to avoid payment, coverage and indemnification. BE CAREFUL--hire a lawyer.

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  • A painter did a job for me over 16 months ago, They sent a bill in Oct. of 2012. I contested it the next day.

    14 months later they sent me a certified letter threating to file a lien on my property for not paying. I never heard back form them after I questioned their bill in 2012. What rights do they have against my property

    Peter’s Answer

    Check the period of time for a "mechanic's lien" in TX-- doubt they can do it. They could not do it in New York

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  • Is making continuous false report considered harassment?

    someone we know has an agenda to attack me and my family. but they are doing it within legal terms. they have reported us to housing authorities, social services, child protective care etc. this has been going on for nearly two year with little ti...

    Peter’s Answer

    It seems to me that if you can prove that the allegations are false your local laws might provide you with a "civil" claim for intentional infliction of emotional distress, defamation, or similar intentional torts. The issue will be whether you have the financial capacity to hire a lawyer. These types of cases can be very expensive. I was lucky enough to win a judgment that survived bankruptcy against the neighbor of a day care center (my client) who made similar false allegations.

    On the "criminal" side, the police are charged with the obligation of investigating false claims, and then referring them to the District Attorney. Perhaps the agencies have a similar ability to investigate and charge false charges. You should report your suspicions.

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  • What are my options if I am being sued in a property damage case?

    My father is suing me for damage to the family home that I have stayed in for 11 years much of that being my childhood and adolescent years. He alleges I damaged a door, wants compensation for painting of my room, and some bent window screens in m...

    Peter’s Answer

    Reasonable wear and tear? Or, intentional damage? That will be the decision of a trier of the facts. Don't default. Answer and the judge or jury will decide. Good luck.

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  • I have a neighbor who put a fence up over seven years ago. They have encroached on us by a ft. What can we do?

    We approached them the night they put the fence up with concerns in regards to the close proximity to the property line. Both parties agreed to allow the fence to stay with the understanding it would be moved back off the property line when the fe...

    Peter’s Answer

    This set of facts will turn on IL law. Go hire an attorney!!

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  • What documents does a plaintiff ( me ) need to provide a defendant in small claims court in New York ? ( medical documents )

    I'm suing a veterinarian for out of pocket expenses for having to bring my dog to emergency services to repair her bladder for an operation he did that had complications . I was served papers demanding all documents from emergency services althoug...

    Peter’s Answer

    • Selected as best answer

    I disagree, it's substantial justice in small claims court. Discovery is limited-- send him the bills and show up and prove your case, let him complain, but medical record for dog are irrelevant.

    Your damages are limited to out of pocket anyway.

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  • Doctor falsely accused me of being a drug seeker.

    I was involved in a slip and fall accident back in Feburary 9th 2011. The doctor i was seeing before the accident moved. The only medications i was perscribed by her was for High Blood Pressure and some anxiety. Before she moved she recommended an...

    Peter’s Answer

    Sounds as if the standard of care (communication) might be lacking, and that you should attempt better communication. Doubt an attorney would take a defamation action, because the damages appear to be only a bruised ego. Advocate for yourself and get to the bottom of it-- you never know, there might be a health issue.

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  • What rights does m2m tenant have on short sale condo that owner is k in arrears of HOA fees ? Tenant paying rent to HOA Board .

    Condo rental in short sale . Owner is 8 months in arrears of HOA fees . Letter sent to tenant ( from lawyer ) to now pay rent to Board until fees are satisfied . Tenant obliged , but didn't pay full usual rent ( paid a little more than half...

    Peter’s Answer

    Rights are driven by agreement, or modificaiton of agreeement in writing. As a month to month tenant you are entitled to negotiate what you can. The landlord also has the right to evict you on a thirty (30) day notice, and probably a three (3) day notice depending. You should hire a real estate lawyer to negotiate with the Seller who will apparently need a short sale.

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  • What options do I have as a neighbor without my permission instructed a tree service which cut a large tree on my property.

    I have stopped the tree company from working further , although they had already taken down the entire top of the tree. The tree company did not have a local permit and had earlier cut down another tree in the landscape buffer zone . Both trees h...

    Peter’s Answer

    The only think I could add is that there is a NYS law that would triple the "damages" related to removing the tree. Environmental Conservation Law.

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