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Richard J. Chertock
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Richard Chertock’s Answers

3,876 total


  • Online site is intentionally misleading consumers and caused losses and lot of troubles for me and my business

    A major online site is making massive mistakes and has caused me many dollar losses and a very large amount of stress trouble and real horrible experiences. They have intentionally setup a system to make sellers accept returns for any reason a...

    Richard’s Answer

    There really is not enough information here to formulate an opinion. Do you have a written agreement with them? If not, do they post their policies anywhere for you to review before you do business with them? Depending on the circumstances the company can be liable to you for misrepresentations that lead to losses to you. Intentionally misleading consumers can give rise to an action for fraud but that action would most likely be available only to the consumer, not to you as a vendor. It can rise to the level of a criminal act but this is fact specific. You can sue for any monetary loss you can quantify, however, I suggest you consult with a business litigation attorney in a confidential setting so that you can present all the facts in detail before you take any action.

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  • What sec form would i need to offer securities to the general public on my companies peer to peer startup site?

    My companies startup is peer to peer lending site we want to offer loan notes to the public without them needing to be accredited investors? Assets etc all well under 5 million. Which form would we need if any ?

    Richard’s Answer

    This is a far too complicated issue to discuss on a free site such as this. You will need to retain an SEC compliance attorney to put together an offering plan/prospectus and to steer you through the SEC registration process or how to avoid same.

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  • How can an LLC be sued in small claims court?

    I wish to sue an LLC that formerly owned an apartment building which was sold 9 months ago. Now the LLC has no assets and is only paper company. Can I recover legal fees, and is it possible to get any money from the individual that owned the LLC....

    Richard’s Answer

    You can sue and in small claims court the process is very easy. As you already suspect, however, collecting is another matter entirely. It is possible to get a judgment for legal fees but that is not likely. If you do get a judgment and the LLC has no assets it will be near impossible to recover. In order to get money from the individual you would have to pierce the corporate veil, meaning you would need to prove that the individual did something that was either outside the scope of her position with the LLC or something illegal that would negate the protections afforded by incorporating or forming an LLC.

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  • Can I obtain power of attorney over my elderly mother from my sister who had a stroke?

    My elderly mother who suffers from Alzheimers and is in a home gave my sister power of attorney some years back. My sister recently had a stroke and is no longer mobile. She can speak but it very slurred and choppy. My sister is refusing to relinq...

    Richard’s Answer

    You can not obtain a power of attorney for your mother from your sister. If your mother is competent she can revoke the power given to your sister and execute a new power of attorney appointing you as her agent. If she is not competent you will need a court order.

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  • Will I be required to repay rent on a basement apartment?

    My landlord,who is also my aunt, has filed a petition of non payment proceeding against me. The 2 bedroom "apartment" is in the basement or cellar ( it is completely underground) with no windows or ventilation in any rooms, and directly next to t...

    Richard’s Answer

    The basement apartment is illegal. You will not have to pay any further rent as a landlord is not entitled to collect rent on an illegal apartment. You will not be entitled to any refund or moving expenses. Since the apartment is illegal and you are behind in rent you will have to move out. I suggest you start looking for a new place to live.

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  • How can I get a conventional (eg, Fannie Mae) mortgage in NY state while holding the property in an LLC for liability purposes?

    I'm looking for an attorney who specializes in setting up business structures for real estate investors who own rental properties. Specifically, I need someone with deep knowledge of trusts, Series LLCs, quitclaim deeds, etc for liability protecti...

    Richard’s Answer

    There is no way to ensure that the due on sale clause will not be triggered if you transfer the title to any property, even if you transfer it to what amounts to an alter ego. ANY DEED CHANGE constitutes a sale under the due on sale clause contained in the mortgage. The lenders don't typically look if the loan payments are being made, however, when your hazard insurance on the property comes up for renewal the lenders can find out as the insurance will no longer be in the same name and the lender has to be named on the policy as loss payee mortgagee. In short, there is no foolproof way around it.

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  • Can you ignore this because the terms are so subjective?

    I got a notice due to probably lawn issues. I got this notice from the town based on a complaint probably from one of the neighbors and it asked that we deal with it right now. The bushes and hedges are actually not that large but the there are...

    Richard’s Answer

    If you ignore the notice you will be issued a violation which will require remediation and payment of a penalty. You would be better served to address the issue before it escalates.

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  • How serious is it if we miss the Cure Date on an eviction Petition from our landlord?

    Our landlord files frivolous lawsuits against us, including one this year. The landlord demanded past rent amounts, two of which were unfounded. We thought all of the demands were unfounded, but realized that three months' rent (which had been sen...

    Richard’s Answer

    Missing the cure date merely gives the landlord grounds to continue on and commence an action for eviction. Assuming you are talking about past due rent you will still get your date in court and will have an opportunity to cure before the case goes to trial.

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  • Do new homeowners inherit unpaid debt on utilities from the previous homeowner?

    My fiancee and I completed the purchase of a duplex in January. The two water bills we've received and paid were about $500, which we knew were high but just attributed the increase to owning a duplex for the first time as opposed to a single. Whe...

    Richard’s Answer

    This is something that should have been addressed at the closing and should have been paid by the seller. Go back to the attorney who represented you in the purchase.

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  • Is a document that removes a name from NYC residential property deed valid if notarized w/o signer present?

    Jan.2014 - while married, my then-husband and I purchased a NYC Manhattan condo - my name on the deed, not on the mortgage. Nov. 2015 - at home in Manhattan, on a Saturday, under duress, I signed a document removing my name from the deed. He had...

    Richard’s Answer

    It is valid until it is set aside by an order of court. You have grounds for attacking it trying to set is aside in that the notary was not properly done. You will need to prove that you signed it under duress in that you admit to having signed it.

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