Klose & Associates offers various legal services to individuals and businesses, including business entity formation, contract preparation and negotiation, litigation, buying and selling personal and business assets, and wills and estate matters. Our clients have sought representation for business, environmental, insurance, intellectual property trademark and copyright), personal injury, professional malpractice (accountant, legal, medical), real estate and probate or estate matters.
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- New York Real Estate Lawyer Blog
- Privacy and Social Media: How Your “Private” Content is Still Discoverable in a Lawsuit.
5 March 2018
- Airbnb and the sharing economy: is it legal to rent out my home?
16 February 2018
- Real Estate Broker “Dual Agency”: What it is, and what it means for you in a real estate transaction.
5 January 2018
- The hidden costs behind title insurance: How title companies used to pay “inducements” (kickbacks) to encourage lawyers and realtors to use them and the 2018 New York State regulations designed to stop them.
3 January 2018
- What is a Mortgage Contingency in a New York State Real Estate Contract- Ask Steve Miller!
1 March 2017
- Think before you as “siri” or “alexa”– Ramifications of the New Smart Home.
14 February 2017
- Tenants by the Entirety as a form of Ownership– More Nuanced Than Simply being Married.
8 February 2017
- Temporary Residences, SRO, or a Hotel- Local Governments Cracking Down on Non-traditional Tenants.
25 January 2017
- Protect Yourself from Internet Trolls Looking For an Easy Payday.
4 January 2017
- Q. Can I force refinance of mortgage, without divorce decree?
- A: I don't do matrimonial law, but I don't understand how you could be "divorced" without a Judgment of Divorce and Decree that adjudicates the sale of the house. You should be enforcing your rights through the divorce decree. Go to the attorneys and start an action to enforce the agreement.
- Q. closing was cancelled due to condition of house
- A: I am sorry your deal did not occur. Although it is difficult to tell from your post, it sounds as though you were the "buyer" of real property in New York. As your attorney likely told you, New York is a caveat emptor (buyer beware) state. That means, between you, your inspectors, your title company, your attorney, and your other "advisers" you MUST find out whether the house is marketable, safe, comes in the condition you expected, and has the correct municipal approvals. If it does not, and you are permitted to cancel the deal (either before contract, or after), then you must pay your advisers, inspectors, title companies, radon testers, etc. You hired them to do a job, you have an obligation (contractually) to pay for the expenses you incurred trying to find out about the condition of the house. Indeed, short of fraud by the Seller, you can't even sue the seller for your costs to inspect and purchase the house.
- Q. I’m sued for leaving a bad review on Better Business Bureau for bad customer service
- A: You should hire a lawyer to defend you from any such litigation (you say you are "sued"). You should not default in any litigation.
- Q. What happens if you buy or sell a property and the bathroom count is different than what is listed?
- A: In my view, the issue is not what the bank thinks, but whether there is a Certificate of Occupancy or other governmental approval for the bathroom "improvement." You should check with the building department of the local municipality to be sure that there are sufficient C/Os for the improvements made to this 1/2 bath. Good luck!
- Q. My sister bought me out of my share of our parents house with a personal mortgage to me before she passed away.
- A: Assuming that the mortgage was properly executed, you can foreclose on the Mortgage and you can also likely make a claim to the Estate for the Purchase Money Note that was likely signed at the the time.
- Q. What are the laws regarding webcams and "reasonable expectation of privacy". A neighbor wants my nature cam moved.
- A: There are two layers to this question, the legal and the practical. From a legal perspective, I am unaware of any rule, regulation, or other law that prohibits your camera's view. From a practical point of view, do you really want to pick this fight with your neighbors? We all have to live in society, and it can get really nasty to have disgruntled neighbors. You clearly know how they feel . . . .
- Q. Does owning and renting out a home in New York State constitute doing business in New York State?
- A: I would check with the Town Justice Court, but my guess is that if you list the address of the house (owner) and the address in NJ, you will get the case started, and the Landlord will appear
- Q. If an licensed inspector inspects a home finds nothing wrong can the buyers still submit bill for repairs after closing?
- A: Don't understand the question. If the house "closed" it closed, and the buyers would be fixing it themselves. If the contract called for certain repairs, then the Seller would be paying.
- Q. Where can I find bar discipline records?
- A: Pretty much only in reported cases from the Appellate Division.