Locate New York Real Estate Lawyers
In New York, real estate law is a very broad area of law governing anything that has to do with the ownership of land and buildings.
Real estate law can apply to many numerous facets of a personal and professional life. It can apply to anything from the purchase of a vacant lot, to renting prime downtown office space.
New York real estate law can be very intricate, because it's really a collection of a lot of different areas of law. These areas of law include property rights, contracts, land use, and many others.
Having a good general knowledge of New York real estate law can make a lot of transactions, such as purchasing a house or renting an apartment, much easier.
Common Real Estate Issues in New York
Financing: Most people in New York probably can't afford to buy a house or a piece of land up front. Consequently, most individuals and business use some form of financing to purchase real estate, typically a mortgage. A mortgage is a loan used to buy a piece of real estate, with the purchased real estate simultaneously securing the loan.
Disclosure: When a house or other structure is for sale, the seller has to tell prospective buyers about all physical defects of which the seller is aware, and which the buyer couldn't be reasonably expected to discover. However, if you are selling a house, you should probably just disclose every defect you're aware of. This will save you a great deal of potential liability. Even if your disclosure of a particular defect wasn't required (because the buyer could have easily discovered it), the buyer might still sue, and the cost of defending this lawsuit, even if you win, will be very high.
Warranty of Habitability: This applies in residential leases. Landlords are under a legal duty, whether it's specifically stated in the lease agreement or not, to ensure that the rented property is fit for human habitation. The requirements for habitability often include electricity, heating, running water, a working phone line, and protection from the elements. Of course, that list is not exhaustive.
Zoning Laws: Zoning laws state what can and cannot be built on a specific piece of property, usually based on the land's location within the town or city. Areas are typically zoned with the goal of ensuring that residential areas are not too close to industrial areas, among other things. If you have some kind of construction project planned on your property, you should make absolutely sure that it is in compliance with New York zoning laws BEFORE you begin.
Do I Need a New York Real Estate Lawyer?
These issues, and the others that can affect real estate transactions, can be pretty convoluted. Therefore, it's a good idea to contact a New York real estate lawyer to advise you on the laws affecting your real estate transaction, or any other projects you may be planning.
Interesting Facts About New York
New York is situated in the Northeastern region of the U.S. Nicknamed "The Empire State", New York was historically considered the "gateway" into the United States. New York life captures much of the classic American dream, as the state is often equated with opportunity and success. New York has the third highest population of all U.S. states.
New York's court system is officially named The New York State Unified Court Systems. For some people, navigating New York's court system can be challenging- New York uses different terminology in naming their courts as compared to other states. For example, New York's trial courts are called "Supreme Courts" instead of Superior Courts. Also, the highest court is the Court of Appeals, whereas in other states the highest court is usually named the Supreme Court of the State.
In addition, New York maintains a number of "problem-solving" courts. These offer additional measures for cases involving drugs, mental health issues, and repeat offenses. Such programs reflect New York's role as an innovator in the fields of jurisprudence and lawmaking. New York has produced a number of U.S. Supreme Court Justices, including Benjamin N. Cardozo, Sonia Sotomayor, Ruth Bader Ginsburg, Antonin Scalia, and Chief Justice John Roberts.
New York's body of laws is one of the most complex in the U.S. Thus, lawyers in New York state are required to pass one of the most difficult bar exams in the country. New York lawyers offer legal expertise in all kinds of legal topics.