1. What Must Be Resolved before a Property Deal Can Close?
The contract sets each party’s promises, remaining conditions, and remedies if performance fails.
Purchase Contracts, Financing, and Deposits
General Obligations Law §5-703 generally requires a signed writing for an enforceable property sale contract. Review the agreement and riders together, rather than relying on a listing or verbal promise.
Check these terms before signing:
- Financing and inspection conditions, including notice deadlines.
- Title objections and the seller’s opportunity to correct them.
- Deposit release, cancellation rights, and default remedies.
- Closing dates, required documents, and possession terms.
A loan refusal does not automatically permit cancellation. The financing clause, application efforts, and notice timing can determine the deposit’s fate.
A real estate attorney in New York can review unresolved conditions. Commercial and residential real estate matters may also require financing or development approval.
Disclosures and the Type of Property
For covered sales, Real Property Law §462 requires a seller’s condition disclosure before the buyer signs a binding contract. Exceptions apply. The statutory definition excludes condominium units and cooperative apartments.
Federal lead-paint disclosures separately cover most pre-1978 housing. An “as is” clause does not erase applicable disclosure duties.
Co-op purchases usually transfer shares and a proprietary lease, rather than an apartment deed. Review board approval, building finances, and lease restrictions.
2. Title, Mortgage, and Boundary Problems
A deed does not establish that liens were released or improvements sit within the property line. Compare ownership, debt, and boundary records.
Compare the Records and Resolve Conflicts
Use each record for the question it can answer:
| Record | What to Check |
|---|---|
| Deed and title report | Ownership, legal description, and recorded interests. |
| Mortgage and satisfaction | Secured debt and whether its release was recorded. |
| Survey and easements | Boundaries, encroachments, and access rights. |
| Permit and occupancy records | Whether the current or intended use is approved. |
Deed and title report
- What to CheckOwnership, legal description, and recorded interests.
Mortgage and satisfaction
- What to CheckSecured debt and whether its release was recorded.
Survey and easements
- What to CheckBoundaries, encroachments, and access rights.
Permit and occupancy records
- What to CheckWhether the current or intended use is approved.
Under RPL §291, an unrecorded conveyance can lose priority to a later good-faith purchaser for value who records first. Recording order matters, but it does not alone resolve validity or notice issues.
Check documents through the proper recording office. NYC’s ACRIS covers Manhattan, Brooklyn, Queens, and the Bronx. Staten Island land records are maintained through the Richmond County Clerk. Elsewhere, use the relevant county clerk.
Separate Loan Payoff from a Recorded Release
Mortgage payment and recorded satisfaction are separate steps. Confirm the payoff and who will record the release. Other liens need separate attention.
Preserve default notices and court papers. Mortgage foreclosure in New York generally requires court action. A payoff request and foreclosure summons create different deadlines.
3. Leases, Possession, and Property Use
Leases, housing protections, zoning, and building approvals can limit possession and use after purchase.
Review Existing Tenancies before Promising Vacant Delivery
A sale generally does not end an enforceable lease. Compare the residential lease agreement, renewals, rent records, and actual occupancy before promising vacant delivery.
For residential units, check:
- Rent regulation and any regulatory agreement.
- Good Cause Eviction coverage and supported exemptions.
- Required renewal, increase, or nonrenewal notices.
- Deposit records and responsibility for their transfer.
Good Cause protection depends on location and statutory coverage. A lease expiration date may not permit nonrenewal. Where RPL §226-c applies, nonrenewal or a rent increase of at least 5% generally requires 30, 60, or 90 days’ written notice.
Commercial leases follow different rules. Examine assignment, permitted use, guaranties, repair duties, and default notices separately. A residential lease review should not substitute for that analysis.
Verify Use with the Local Building Authority
A listing or tax description does not prove lawful occupancy. Ask the municipal building or planning office about permits, violations, zoning, and occupancy approvals.
A business use may need agency approval. A contract cannot bind the municipality or erase a violation.
4. What Changes When a Dispute Has Already Started?
Identify the remedy and available time. Correcting a document, claiming damages, and stopping a transfer require different steps.
Match the Claim to the Available Remedy
The facts and governing documents determine which route may fit:
- Failed sale: Review cancellation, deposit recovery, damages, or a claim to compel performance.
- Competing ownership: Consider an action under RPAPL Article 15 to determine property interests.
- Lease or possession dispute: Check the tenancy, required notices, and proper court procedure.
- Threatened transfer or construction: Assess whether temporary court relief is available.
Contract terms and evidence control available remedies. Temporary relief under CPLR §6301 requires legal grounds, not simply a disagreement.
Identify the Forum and Preserve the Evidence
Supreme Court commonly handles title disputes, mortgage foreclosures, and requests for injunctions. Residential eviction proceedings generally go to NYC Housing Court or the appropriate local court outside NYC.
Some regulated-rent complaints belong before the Division of Housing and Community Renewal. Permit issues may require a separate local administrative process.
Keep signed documents, original notices, envelopes, payment records, photographs, and emails. Record when papers arrived and how they were delivered. Do not assume one response deadline applies to every claim.
5. Frequently Asked Questions
Define the task and any approaching deadline before arranging legal work.
Arrange review before signing a binding agreement. For an existing problem, seek advice when a title objection, default notice, agency decision, or court paper arrives.
There is no single standard fee. Ask whether the quote covers contracts, title review, lender coordination, and closing attendance. Confirm separate charges for litigation, unusual title issues, or added negotiations.
6. Prepare for a Property Review
Bring the contract, title documents, loan records, leases, and relevant notices to a real estate attorney in New York. Identify the result you need and any approaching date. For a separate California property, consult the California property rights guide, which addresses a different legal framework.
26 Mar, 2026
