Real Estate Law in Syracuse, NY

What Is Real Estate Law?

Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home? Whether or not you are a property owner or tenant, you have rights under Syracuse, New York real estate law. Developers, property managers, and investors can also face property issues. Common reasons for this include property rights, access, liabilities, and more. These matters are complicated, so the best first step is to seek the counsel of a qualified Syracuse real estate attorney.

Types of Real Estate Law Disputes

Disputes involving real estate are very common and some of them are quite complex. They often require the intervention of the courts. The courts are seen as the most biased party to weigh in fairly. Learn more about the different types of real estate disputes below.

Escrow Deposit 

If you decide to purchase any Syracuse property, there are certain steps all involved parties must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.

Easement Real Estate Dispute

Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Syracuse, NY  property deeds. Regardless of the reason for the dispute, the resolution often involves hiring an experienced real estate law attorney. Still, one step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.

Fraud/Omissions

Some unscrupulous sellers try to take advantage of buyers by withholding information. Ultimately, they may do this to impact the outcome of the transactions and future ownership. Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with an experienced Syracuse real estate lawyer to straighten things out.

Any type of misinformation or misrepresentation about a real property in Syracuse constitutes real estate fraud. Real estate agents in Syracuse are not allowed to misrepresent a property, misrepresent themselves and their qualifications, or fail to disclose known damage. The Attorney General of New York has also launched a program to stop deed theft, which has become a more prevalent type of real estate fraud in New York.

Contract Breaches

No Syracuse, New York real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in Syracuse without a valid mutually beneficial contract.

Landlord/Tenant

Disputes often arise when New York landlords and tenants cannot agree on repairs, rent arrears, and more. Syracuse, NY tenant and landlord laws are very complex and failure to adhere to them can cause either party to violate the rights of the other. Not only is a valid rental agreement crucial, so is having good legal counsel.

The Syracuse Tenant Handbook establishes legal boundaries between landlords and tenants. Tenants in Syracuse are entitled to a safe and habitable living space. The rights of privacy are not to be violated, and a landlord must give proper notice before entering the premises. Landlords are entitled to have tenants treat them, and each other, with respect. Landlords can also enforce the terms laid out in the rental agreement regarding rental payments. They can also charge late penalties if the rent is not paid on time.

Boundary Lines

Property line disagreements usually occur when adjoining Syracuse, NY property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors. Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some New York property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.

Ownership

Ownership issues are common when an owner verbally transfers ownership without documentation. These disputes often happen when someone bequeaths their real estate to another without going through the proper process. Or, there can be other parties with ownership rights, such as certain lien holders. 

Determining the rightful owner of a property in Syracuse is not always easy. Many factors and issues can arise when disagreements over real estate exist.

Liens

Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must clear before securing a mortgage or financing.

Syracuse creditors seeking to file for a lien on the real property of a debtor are required to file with the Onondaga County Court. If granted by the court, this lien will entitle the creditor to collect a portion of the sale of the property to satisfy the debt. If you have a lien place on your property you may want to engage the services of an experienced attorney in Syracuse to help you.

What Should You Do If You Become Involved in a Real Estate Dispute In Syracuse, New York?

If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, you may want to speak with a qualified Syracuse real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.

Learn About Real Estate Law

Syracuse real estate law is quite complex. It is important for you to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.

Work With an Experienced Real Estate Attorney In Syracuse, New York

Real estate disputes make up the majority of litigation cases. Not all issues require you to go to trial. You should work with an experienced Syracuse lawyer who has the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.

Get the legal help you need now. We help New York landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across New York state lines. 

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!