n White v. Farrell,1 the New York Court of Appeals ruled that the measure of damages for a buyer’s breach of a contract to sell real property, where the contract does not contain a liquidated damages clause as the seller’s exclusive remedy,2 is the difference between the contract price and the fair market value of the property on Full Article…
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Some Buyers Regret Not Asking: Anyone Die Here? The New York Times
By Stephanie Rosenbloom …Just as in New York, sellers in New Jersey are not required to tell buyers about a death on a property, or a rumor of a haunted house. “If it doesn’t harm the property, under no circumstances do you have to report it,” said Adam Leitman Bailey, who practices real estate law Full Article…
Q & A: Rent-Controlled Tenant in a Condo Conversion The New York Times
By JAY ROMANO Published: September 14, 2012 Q. What are the rights of a rent-controlled tenant who will not be buying in a building being converted to condominium ownership? Will owning a weekend home have an impact? A. Leonard H. Ritz, a Manhattan co-op and condominium lawyer, said that if this is a noneviction condominium conversion (as Full Article…
Hot Real Estate Deals: The Best and Worst of 2013
by Kate Rogers | Published February 11, 2013 | FOXBusiness We may only be two months into the year, but 2013 is shaping up be a solid year for the real estate market. With record-low interest rates and other investments still on shaky ground, some experts are pointing to real estate as a prime investment Full Article…
What a Revolting Development
By S. Jhoanna Robledo Published In 2004, Meggan Berley and her husband, empty-nesters in Dobbs Ferry, ditched their longtime rental and bought a new condominium on Spencer Street in Brooklyn. Then the headaches began. On movein day, the floors weren’t finished and the kitchen cabinets had no doors. The Berleys lived amid construction for weeks. Then Full Article…
The Downside for Condos in a Downturn
By TERI KARUSH ROGERS DURING the recent boom, buyers who coveted condos for their sex appeal could also make the case that condos were a smarter choice than co-ops. In theory, you didn’t have to prostrate yourself, financially and otherwise, before a board for approval, and you could sell or rent pretty much to whomever you Full Article…
Realty Law Digest–New York Law Journal
Realty Law Digest Scott E. Mollen New York Law Journal | March 16, 2011 Co-Ops — Sellers Rented Apartment Before Board Approved the Pending Sale of Their Co-Op and Board Rejected the Sale — Sellers Sued — Individual Board Members Had No Personal Liability— NYS Human Rights Law — Federal Fair Housing Act— Breach of Fiduciary Duty — Full Article…
Default Clauses: Better Drafting Can Forestall Problems
By Adam Leitman Bailey and Dov Treiman Attorneys are making too much money litigating disputes between commercial landlords and tenants. Even the most frequently used “standard form” leases permit tenants to stall and strangle property owners.1 And these same leases leave tenants without proper recourse when property owners fail to follow written commitments.2 Instead of Full Article…
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