Real Estate Lawyer New York
We represent buyers, sellers, landlords, tenants, developers, and property owners in residential and commercial real estate matters throughout New York. Whether you are purchasing your first home, closing a commercial deal, defending against foreclosure, or involved in a property dispute, we handle the legal side so you can focus on the transaction.
Call toll-free: (888) 275-2620. Available 24/7.
Residential Purchases and Sales
We represent buyers and sellers in residential real estate transactions across New York, including single-family homes, condominiums, co-ops, and multi-family properties. Our role includes reviewing and negotiating the contract of sale, coordinating with the title company and lender, reviewing title reports and resolving title defects, preparing transfer documents, attending the closing, and ensuring that the transaction is properly recorded. For buyers, we review mortgage terms, verify that all inspection and contingency deadlines are met, and protect against last-minute surprises. For sellers, we prepare the deed, handle payoff coordination, and address any open permits or violations that could delay closing.
Co-op and Condo Transactions
Co-op and condo purchases in New York involve legal requirements that go beyond a standard home purchase. A co-op buyer is purchasing shares in a corporation and entering into a proprietary lease — not acquiring real property directly. The transaction requires board approval, review of the offering plan and building financials, and compliance with the co-op’s house rules and transfer policies. Condo purchases involve review of the common charges, bylaws, and any pending assessments or litigation. We handle co-op board packages, review proprietary leases, advise on flip taxes and transfer fees, and represent both buyers and sellers through closing.
Commercial Real Estate
We represent businesses, investors, and developers in commercial real estate transactions including office leases, retail space acquisitions, mixed-use development, and investment property purchases. Our work includes contract negotiation, due diligence review, entity structuring for acquisition (LLC, corporation, or partnership), lease drafting and review, and closing representation. For landlords and property managers, we draft commercial leases, handle lease disputes, and advise on compliance with local building and zoning requirements.
Lease Review and Landlord-Tenant Matters
We draft and review residential and commercial leases for both landlords and tenants. For landlords, we prepare lease agreements, handle holdover and nonpayment proceedings, and advise on compliance with New York’s rent stabilization and tenant protection laws. For tenants, we review lease terms before signing, negotiate modifications, and defend against wrongful eviction. Learn more about eviction solutions for landlords.
Foreclosure Defense
If you are facing foreclosure in New York, we can help. We represent homeowners in foreclosure defense proceedings, challenging the lender’s standing, identifying procedural defects, negotiating loan modifications, and exploring alternatives to foreclosure including short sales and deed-in-lieu arrangements. New York is a judicial foreclosure state, which means the lender must file a lawsuit — and that gives you time and legal options. Learn more about foreclosure defense.
Real Property Litigation
When real estate disputes cannot be resolved through negotiation, we litigate. Our real property litigation practice covers breach of contract claims arising from purchase agreements and leases, boundary and easement disputes, title defects and quiet title actions, adverse possession claims, mechanic’s lien disputes, partition actions (forcing the sale or division of co-owned property), and fraud claims in real estate transactions. Learn more about real property litigation.
Partition Actions
When co-owners of real property cannot agree on what to do with the property — whether to sell, hold, or divide — a partition action may be necessary. We represent co-owners seeking to force a sale or division of jointly held property, as well as co-owners defending against a partition. This commonly arises in inherited property situations, divorcing couples, and failed business partnerships. Learn more about partition actions.
Quiet Title Actions
A quiet title action resolves disputes over property ownership. If there are competing claims, unresolved liens, missing heirs, or defects in the chain of title, a quiet title action can establish clear ownership. We handle these cases in New York Supreme Court. Learn more about quiet title actions.
Adverse Possession
Under New York law, a person who openly and continuously occupies another’s property for at least 10 years may acquire legal ownership through adverse possession. We represent both claimants asserting adverse possession rights and property owners defending against such claims. Learn more about adverse possession.
Title Issues and Resolution
Clear title is essential to any real estate transaction. We resolve title defects including outstanding liens, judgments, and mortgages that were not properly satisfied, breaks in the chain of title, errors in recorded documents, estate and probate issues affecting title, and tax liens. If a title issue is preventing your closing from moving forward, we can often resolve it quickly through corrective instruments, lien discharges, or court proceedings where necessary.
Construction Law
We represent property owners, contractors, and subcontractors in construction-related disputes including mechanic’s liens, construction defect claims, delay claims, payment disputes, and contract interpretation issues. Learn more about construction law.
Short Sales and Loan Modifications
When a property is worth less than the outstanding mortgage balance, a short sale may be the best option to avoid foreclosure. We negotiate with lenders to approve the short sale and work to minimize or eliminate any deficiency balance. We also represent homeowners in loan modification applications, helping prepare the financial documentation and advocating with the servicer for affordable terms. Learn more about loan modifications.
Real Estate and Tax Considerations
Real estate transactions in New York carry significant tax implications — transfer taxes, mansion tax, capital gains, 1031 exchanges, and SALT cap limitations. Attorney Cook holds an LL.M. in Taxation and advises clients on structuring transactions to minimize tax exposure. Learn more about the SALT tax cap and real estate.
Attorney Cook is the author of Mastering New York Real Estate Law: Transactions and Disputes, available on Amazon.
Contact Us
Call toll-free: (888) 275-2620. Available 24/7.
Suffolk County Office: 12 Bank Avenue, Smithtown, NY 11787
Nassau County Office: 1225 Franklin Avenue, Suite 325, Garden City, NY 11530
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