attorney who is working on buying apartments

What does a lawyer specialize in real estate?

Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. These often include: Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights issues.

Should you hire a lawyer when buying a home?

Dec 10, 2021 · A real estate attorney prepares or reviews all of the documents that are signed at the closing of a real estate purchase. The attorney is …

Where can I find a real estate lawyer in my area?

One option is to hire a lawyer to sue the landlord in court. Another option is to file a fair housing complaint with the Department of Housing and Urban Development (HUD), or a state or local agency in HUD's Fair Housing Assistance Program (FHAP). HUD and state and local agencies in FHAP receive over 10,000 discrimination complaints a year.

When do you need an attorney for an apartment problem?

“We negotiate the repairs, monitor the financing and review the title when representing the buyer,” says Michelle Chase, a real estate attorney in Naperville, Illinois. “At closing, we explain all...

Your Landlord Is Evicting You

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a lawye...

Your Landlord Is Evicting You Without Proper Court Procedures

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hand...

Your Landlord Discriminates Against You

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any...

Your Landlord Won't Make Necessary Repairs

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the land...

Your Landlord Isn't Fulfilling His Promises

Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighbor...

You've been Injured Or Made Ill

Accidents can happen, even at a well-run rental property. However, if an accident is the result of the landlord's carelessness, you may have a lega...

Your Property Has been Damaged

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring re...

How to Get A Lawyer's Help

If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article "How to Find a...

What does a real estate attorney do?

A real estate attorney prepares or reviews all of the documents that are signed at the closing of a real estate purchase. The attorney is then present at the closing to represent the buyer's (or the seller's) interests. Real estate law is a matter for state and local jurisdictions.

How long does it take to become a real estate lawyer?

Qualifications. Like any lawyer, a real estate lawyer has earned a law degree, which typically takes three years of study for a full-time student. They have also passed the state bar exam administered by the state in which they practice. Training for real estate law may begin with elective courses and internships during law school, ...

What is the biggest investment you have ever made?

Buying a home is probably the biggest investment you'll ever make. In addition to hiring a real estate agent to help negotiate the transaction, you might consider a real estate lawyer to guide you through the legal process. Real estate attorneys specialize in matters related to property, from transactions to handling disputes between parties.

What is real estate law?

Real estate law encompasses the purchase and sale of real property, meaning land and any structures on it. It also covers legal issues related to anything attached to the property or structures, such as appliances and fixtures.

Do you need a real estate attorney at closing?

Many states require a real estate attorney be present at closing. Even if your state does not require one, you might want a real estate attorney to be there for you. A real estate attorney will represent your interests at closing. They will review all paperwork in advance and advise on any problems or omissions with the documentation. 1.

What to do if landlord serves termination notice?

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

Is it expensive to hire a lawyer?

Lawyers are expensive, but there are times when hiring one might be necessary to protect your rights as a renter. By Janet Portman, Attorney. Many issues tenants face are minor and can be easily resolved by common sense and checking reputable resources on landlord-tenant law, such as a local tenants' rights group.

What to do if landlord evicts you?

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer.

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What happens if you don't have renters insurance?

If you have renter's insurance, your insurance company will cover the loss and its lawyers will then seek reimbursement from your landlord. If you don't have insurance or have inadequate coverage and the damage to your property is substantial, consider hiring a lawyer to help you obtain reimbursement from your landlord.

What is tenant rights?

The more you know the law and your legal rights, the better. The Tenant Rights section of the U.S. Department of Housing and Urban Development (HUD) website provides a wide variety of state and local resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state ;

What happens if your landlord doesn't fulfill your lease?

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs.

What is a real estate lawyer?

A real estate lawyer is licensed to practice law and specializes in real estate transactions. A real estate lawyer is familiar with all aspects of the home purchase process and can represent buyers, sellers or lenders. In states where a lawyer is required to be present at closing, it’s possible that the lawyer is there solely to represent ...

What is closing on a home?

Closing. The moment you’ve been waiting for— closing on a home sale or purchase —often involves dozens of pages of legal documents to review. A lawyer can help both the seller and buyer navigate the review, which can be especially intimidating and confusing to a first-time homebuyer.

Can a lawyer draft a real estate contract?

Although real estate agents usually play a central role in preparing purchase contracts, a lawyer could provide a review of the purchase contract terms. What’s more, real estate agents are generally limited to filling out contract templates, rather than drafting them from scratch. For that reason, more complex contracts may need to be drafted by an attorney.

Can a buyer withdraw from a contract without penalty?

In some cases the buyer—if the contract allows it —could withdraw from the contract without penalty. Title. A title search is routine before a purchase, and might turn up a lien on the property you’re selling or buying, which a lawyer can help investigate. A lawyer also could help ensure the title insurance on your new home adequately protects you ...

Do you need a lawyer for real estate?

Some states require real estate lawyers to be part of the process, while attorneys are not used much, if at all, in other states. Here is a look at why hiring a lawyer might be a good idea—or not—from a buyer’s and seller’s perspectives.

What are the physical aspects of a condominium?

The Physical Aspects. When purchasing a unit in a cooperative or condominium, most consumers focus on location, size, amenities, and the price. Equally important is an analysis of the physical aspects of the property. This is true for newly constructed buildings, as well as existing buildings that are being converted to a cooperative or condominium.

Do apartment buildings need repairs?

In existing apartment buildings, there is always a need for repairs and maintenance of the building. A buyer should not be deterred by a need for some repairs, but the buyer should be aware of potentially expensive building-wide repairs and should know how much such repairs are likely to cost.

What is the Martin Act?

The Real Estate Finance Bureau reviews offering plans to ensure compliance with Attorney General's regulations, as well as Article 23-A of the New York General Business Law (the "Martin Act") and other applicable laws. Every offering plan includes detailed information related to the physical aspects of the building or group ...

What are the requirements for landscaping?

Landscaping: The regulations require that the landscaping be disclosed in detail, including such things as the number and type of trees to be planted, the approximate number of bushes, whether the grass will be sod or seeded topsoil, whether there will be an underground watering system, etc.

What are facades made of?

Many larger buildings in urban areas have facades made of materials such as brick, cement or exterior insulation finishing system ("EIFS"). Purchasers may wish to consult with an architect or engineer to understand the differences between façade materials.

What is a limited warranty in New York?

In 1989, the State of New York passed a law to protect buyers of new homes. It is known as the Housing Merchant Limited Warranty Law (General Business Law ' 777 - 777b) and, briefly stated, it provides that the seller of a newly constructed home of five stories or less guarantees the home for one year against almost any defect, for two years against defects in the mechanical systems of the home (such as the heating or plumbing system) and for six years against structural defects. The law contains detailed provisions as to how the buyer must provide written notification of the defects to the builder; those provisions are spelled out in the offering plan and must be strictly followed or the repair of the defect is waived. Certain items which occur normally and are considered maintenance items are specifically excluded from the warranty. A typical example is a small amount of nail popping through sheetrock which is caused by normal settlement of the building. Homeowners should read these provisions carefully.

How long do you have to fix an eviction notice?

If your landlord serves you with an eviction notice, you're entitled to at least three days to fix the problem, such as by catching up on late rent. If it's a problem you can't fix, an attorney may be able to defend you against the eviction. If the landlord breaks the law -- throws you out with no advance notice, say -- or evicts you for reasons the law doesn't allow, an attorney can build a case against him.

Can you be evicted for not paying rent in California?

You also can pay for repairs yourself, then subtract the amount from the next rent check. If you try these solutions and don't follow California legal procedure exactly, though, your landlord can evict you for not paying the rent. An attorney can help you stay within the law. If you have to sue over the lack of repairs, a lawyer can help with that as well.

What happens if a seller is in financial distress?

If the seller is in financial distress there may be a lien against the apartment; the lien holder will have to be notified of the closing, which can cause major delays. The delay can cause the mortgage lock to expire, which can lead to, among other complications, the buyer being forced into a higher mortgage rate.

What happens if you don't have a broker?

If you don’t have a broker, you are faced with the big possibility that the seller’s broker, whose fiduciary responsibility is to do anything legally in their power to find angles in the deal that will be in favor of the seller, not you. Unfortunately, many buyers don’t seek broker representation, even when there is no cost for them. ...

What is a co-op in NYC?

Co-ops have a unique ownership structure – a single corporation owns the entire building. Instead of a deed, buyers get shares, or stock certificates, in the corporation, and a proprietary lease that allows buyers to occupy a specific unit. The process of purchasing a co-op in NYC is rather different than your traditional home or condo-buying ...

How long does it take to get a mortgage commitment letter?

You have about 30 days to obtain a mortgage commitment letter from the date the sales contract goes into effect – providing the institution that granted your mortgage pre-approval has the co-op on their approved lending list.

Do you need an attorney to buy a condominium?

In general, the purchase of a unit in a cooperative or condominium carries many significant legal and financial consequences, which is why the Attorney General highly recommends that a potential buyer consult with an attorney before signing a purchase agreement.

Nicholas Charles McGowan

The short answer to your question is an attorney who is experienced in landlord-tenant claims. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Some may even offer a free consultation. Good luck!

Jennifer Isaksen

Do you have pets? You will want to review your Lease Agreement to see who is responsible for providing pest control. It may be your Landlord's responsibility, but it may be yours. You would benefit from a consultation with an attorney to determine what your next steps are. Best of Luck! Jennifer

Marcel R Wurms

You need to contact a local landlord tenant attorney. I would also contact the local board of health. They may also be able to help you.

Mark Theodore Tischhauser

If you have a lease - you will need to retain a lawyer to send a proper repair demand/notice to the LL and be prepared to terminate the lease and move once the demand period expires. If you are month to month - you can terminate the tenancy with proper notice and move to a better place. Those are your primary remedies.

Gary Steven Gaffney

Well first things first you need to get your child to a safe place fast.

Alan Bryce Grossman

You will need to locate an attorney with experience in landlord-tenant matters. Best of luck. ABG.

Why does my renter get a buyout letter?

If a buyout letter comes in the mail, it’s probably because your unit is covered by the city’s rent-control ordinance (which covers most housing built before 1979), and the landlord can’t raise the rent more than the percentage allowed by the law. The unit is more valuable to them empty, because then they can raise the rent to market rates.

Is a buyout taxable income?

There are also tax implications to consider. Ronn Seely, a senior tax consultant at B.O.L. Global (who has been doing my taxes for years), said that buyouts are considered taxable income.