LET THE BUYER BEWARE: TITLE INSURANCE MAY NOT FULLY PROTECT YOUR REAL ESTATE PURCHASES

Real estate purchasers in New York almost always buy title insurance at the time of the transaction. However, a case decided by the New York Appellate Division, First Department on September 3, 2019 confirmed that even when title insurance is obtained, issues regarding title can still arise. In Akasa Holdings LLC v. 214 Lafayette House, … Read more

Let the Broker Beware – A Breach of Your Duty of Undivided Loyalty Will Cost You Your Commission

New York law provides that brokers have a duty of undivided loyalty in a real estate transaction and as such, they must disclose and get consent of the parties if they are working as a dual agent. A recent decision by the New York Appellate Division First Department demonstrates that courts take this rule seriously … Read more

What Co-Op Owners Should Know About Challenging the Adoption of New House Rules

Most cooperative corporations (“co-ops”) issue House Rules which are generally adopted by the Co-Op Board and must be followed in addition to those obligations set forth in the Proprietary Lease. Co-op owners (or shareholders) are generally provided with a copy of the newly adopted House Rules by the managing agent. Many owners don’t realize that … Read more

Buying a Home with All Cash? Additional Disclosure Requirements May Apply

In an effort to combat money laundering, the U.S. Treasury Department requires additional disclosures in certain types of real estate transactions. First passed in March 2016, the disclosure requirements apply to a non-individual (corporation, LLC or partnership) who purchases a residential property for “all cash.” The rules were recently renewed and apply at least through … Read more