1. What Should Buyers Check before Signing a Contract?
A building may look ready for a new tenant, yet its approved use or title restrictions can tell another story. Review what the seller has promised, what the public record shows, and what must happen before closing. The written agreement should address problems uncovered during that review.
Check Contract Terms and Closing Conditions
General Obligations Law § 5-703 generally requires a written sale contract signed by the party to be charged. Check:
- The property description, price, deposit, and closing date.
- Financing, inspection, and title-related conditions.
- Remedies if a party cannot perform or deliver agreed title.
For covered residential sales, Real Property Law §§ 462-463 require a seller disclosure before the buyer signs, subject to exemptions. Do not rely on oral assurances. A real estate law review can help identify language requiring clarification before signature.
Investigate Liens and Other Title Exceptions
A recorded deed identifies a transfer but does not guarantee clear title. Request:
- A title search and the proposed title insurance exceptions.
- Recorded mortgages, judgments, easements, or restrictions.
- Evidence that liens scheduled for payoff will be discharged.
Set a deadline for resolving title objections. Unreleased liens or access restrictions may affect financing and closing.
2. How Do You Verify Ownership and Building Records?
Public databases answer different questions. The City Register maintains recorded documents, while building and zoning records address different use questions. Compare records using the property's correct borough, block, and lot information.
Read ACRIS Records Alongside a Title Search
NYC's ACRIS provides recorded documents for Queens properties, including deeds and mortgages. Look for:
- The current deed and earlier ownership transfers.
- Mortgages, satisfactions, and recorded agreements.
- Inconsistent names, legal descriptions, or recording dates.
ACRIS does not replace a full title search, which may reveal matters outside those records. Investigate discrepancies before closing.
Compare Approved Occupancy with Actual Use
A shop, apartment, or converted workspace may not be approved for its present use. Review:
- Certificate of Occupancy, if required, or other proof of lawful use.
- DOB permit history, open violations, and outstanding work.
- Any proposed conversion or construction plans.
Use DOB BIS or DOB NOW as appropriate. Certain pre-1938 buildings may lack a Certificate of Occupancy; DOB may issue a Letter of No Objection when its requirements are met.
3. Which Restrictions Affect the Property'S Future Use?
Zoning and private restrictions may limit a buyer's plans even when the building is already occupied. Rules differ by lot and building history. Confirm the intended use before budgeting for renovations or a new tenancy.
Check Zoning and Recorded Restrictions
Compare the parcel's zoning designation with the planned activity. Relevant checks include:
- Permitted residential, commercial, or manufacturing uses.
- Applicable special district rules or use limitations.
- Easements or private covenants affecting construction or access.
Check City Planning maps against recorded restrictions; zoning permission alone does not establish that a conversion has DOB approval.
Review Tenants and Building Obligations
A buyer acquiring an occupied property should examine:
- Signed leases, amendments, deposits, and rent ledgers.
- Occupancy rights and any applicable rent regulation.
- Existing repair obligations and unresolved complaints.
Buying a building generally does not extinguish tenant rights. Check whether leases or rent regulation restrict planned changes; review tenant protections separately from title and purchase-price questions.
4. Where Can Owners Resolve Records or Contract Disputes?
The issue determines the next step. Agencies maintain records and review permits; they do not ordinarily decide private contract breaches. Some title and contract disputes require court action.
Match Each Issue to the Right Office
Use the source that controls the record at issue:
| Issue | Starting Point |
|---|---|
| Recorded deed or mortgage | City Register and ACRIS |
| Zoning designation | NYC Department of City Planning |
| Occupancy or permit problem | NYC Department of Buildings |
| Title or contract lawsuit | Appropriate court, based on the claim |
Recorded deed or mortgage
- Starting PointCity Register and ACRIS
Zoning designation
- Starting PointNYC Department of City Planning
Occupancy or permit problem
- Starting PointNYC Department of Buildings
Title or contract lawsuit
- Starting PointAppropriate court, based on the claim
Preserve the record and any agency response. Administrative corrections and private legal remedies may require separate action.
Prepare the Claim before Seeking Court Relief
Queens County Supreme Court can hear qualifying title and contract disputes. Before filing:
- Identify the parties, property interest, and requested relief.
- Collect signed contracts, recorded documents, and notices.
- Review filing deadlines and jurisdictional requirements.
A claim to determine ownership differs from a tenant-possession case. Federal fair-housing law addresses discrimination, not ordinary title or zoning approval. Civil litigation options depend on the facts and remedy.
5. Frequently Asked Questions
Can a buyer cancel after signing a purchase agreement?
Not simply because a better property appears. Cancellation depends on the contract, applicable contingencies, and any legal grounds.
Should a buyer review flood-risk information before closing?
Yes. Flood maps, insurance requirements, and any applicable seller disclosures may affect financing and ownership costs.
Can a condominium or co-op have extra purchase restrictions?
Yes. Governing documents, board procedures, and the ownership structure may create requirements beyond ordinary property searches.
Can a buyer proceed if an open building violation appears?
Possibly, but the contract, lender, title insurer, and nature of the violation may affect closing and responsibility for correction.
6. Discuss Property Due Diligence with SJKP
A buyer might discover that the deed, title report, and occupancy record tell different stories. SJKP's attorneys can review these documents and explain which issues call for negotiation, an agency inquiry, or legal action.
Contact SJKP with the property address, agreement, and available records to discuss a practical next step.
23 Oct, 2026
