1. Confirm the Contract'S Conditions before Closing
Start with the signed agreement, not the date on the lender's calendar. Identify what each party must do before closing.
Review Financing, Deposits, and Title Obligations
General Obligations Law § 5-703 generally requires a real-property sale agreement, or sufficient memorandum, signed by the party against whom enforcement is sought. Check financing contingencies, deposits, inspection deadlines, agreed repairs, and promised title. A loan denial does not automatically entitle the buyer to a refund. Contract terms and timely notices determine whether a party may extend, terminate, or demand performance.
Check Whether Seller Disclosure Is Required
Real Property Law §§ 461–463 generally require sellers of covered one- to four-family homes to provide a Property Condition Disclosure Statement before the buyer signs a binding contract. Condominium units and co-ops are excluded, and certain transfers are exempt. The statement reports the seller's actual knowledge, not a warranty. Review flood history, structural disclosures, and known defects alongside inspection findings and agreed repairs.
2. Examine Title and Recorded Claims
Confirm that the seller can deliver the title promised. A deed alone does not resolve liens, easements, or competing claims.
Compare the Title Report with ACRIS Records
The Department of Finance's ACRIS database includes recorded Queens deeds and mortgages dating back to 1966. Earlier records may require research at the City Register's Land Records Research Library in Jamaica. ACRIS does not replace a title search. Examine the ownership chain, judgments, easements, and property liens identified in the title report. Determine which objections the seller must clear and which exceptions the buyer will accept.
Confirm Releases, Legal Descriptions, and Recording
Match the deed to the contract, survey, and property identifiers. Arrange delivery or authorized handling of mortgage satisfactions and lien releases. Under Real Property Law § 291, an unrecorded conveyance can lose priority to a qualifying later good-faith purchaser who records first. The City Register handles deed recording for Queens. Recording alone does not cure defective title.
3. Verify Occupancy and Building Records
A valid deed does not prove the building can legally be used as advertised. Compare the proposed use with Department of Buildings records.
Check Certificates of Occupancy and Older Buildings
A Certificate of Occupancy identifies authorized use or occupancy. Search the Buildings Information System (BIS) and DOB NOW. Buildings constructed before 1938 may lawfully lack a certificate unless later alterations triggered the requirement; a Letter of No Objection may document permitted use. An advertised basement apartment is not necessarily an authorized dwelling unit.
Assess Violations and Unfinished Work
Check permits, open violations, complaints, and unfinished alterations. An open violation does not automatically cancel a sale, but it may affect financing or the issuance of a new occupancy certificate. Check whether the contract requires correction or a sign-off. Paying a fine alone may not close the violation.
4. Match the Documents to the Type of Property
A condo, co-op, and rented home require different documents. Identify the approvals and obligations that must transfer at closing.
Distinguish Condo Deeds from Co-Op Shares
Condominium buyers generally receive a unit deed and an interest in common elements. Review bylaws, assessments, charges, and any right of first refusal. A co-op buyer generally purchases corporate shares and a proprietary lease rather than an apartment deed. Check share liens, maintenance charges, transfer fees, and required board consent. Broader housing cooperative governance disputes are separate from the approvals needed for closing.
Account for Tenants and Security Deposits
A property sale generally does not terminate valid leases. Review leases, rent ledgers, security deposits, and regulated-tenancy status. General Obligations Law § 7-105 generally requires the transferring landlord to deliver deposits to the successor at conveyance or within five days and notify tenants by registered or certified mail, subject to the statute's terms and exceptions. Reconcile prepaid rent and deposits in the closing statement.
5. Resolve Open Items before Money Changes Hands
Match unresolved legal questions to required documents, payments, and deadlines before releasing funds. Identify who must supply each missing document and whether delivery is required before closing.
Separate Federal Mortgage Disclosures from Transfer Taxes
For most covered closed-end consumer mortgages, federal rules require receipt of a Closing Disclosure at least three business days before consummation. Some loan types are excluded. Compare final costs with the Loan Estimate. Separately, check applicable state and city transfer taxes, recording fees, and prorations. City transfer tax may also apply to co-op shares. Confirm who must file each return and pay each charge.
Treat Missed Dates According to the Contract
Missing a scheduled date does not necessarily establish default. Determine whether time is of the essence under the agreement or a legally sufficient notice. Such notice generally must be unequivocal, allow reasonable time to perform, and explain the consequence of nonperformance. Preserve title objections, lender correspondence, and extension agreements. Remedies may include an agreed cure, damages, or specific performance, depending on the facts. Broader real estate dispute resolution requires separate analysis.
Know Where to Check Records or File a Case
The City Register handles land records, and the Department of Buildings handles occupancy and permit files. Contract litigation seeking specific performance may proceed in Queens County Supreme Court, Civil Term, when jurisdiction and venue are proper. Landlord-tenant possession proceedings generally belong in Housing Court. Check whether the claim requires or permits NYSCEF electronic filing.
23 Oct, 2026
