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Real Estate Law FAQ

Real estate decisions create obligations that can last long after closing. Our firm assists buyers, sellers, property owners, and businesses with residential and commercial matters in White Plains and throughout Westchester County. These FAQs address the contract, ownership, financing, and closing questions that deserve attention before a transaction moves forward.

When should I hire a real estate attorney in Westchester County?

Contact an attorney before signing a purchase agreement, sale contract, or commercial lease. Early review allows counsel to assess deadlines, contingencies, ownership questions, and unusual terms while changes can still be negotiated. You can also seek advice before making an offer if the property or proposed deal raises concerns. Waiting until closing may limit the practical options.

What does a real estate attorney do that a broker or lender does not?

Your attorney evaluates the legal documents and advises you about your rights, obligations, and exposure. A broker helps arrange and negotiate the transaction, while a lender evaluates financing. Their roles and interests differ. The lender's attorney does not become your personal attorney simply because the loan is part of your purchase; confirm whom each professional represents.

What should an attorney review in a real estate contract?

Important terms include the property description, purchase price, deposit, financing conditions, inspection issues, title requirements, closing obligations, and remedies if the deal fails. Riders may change the standard form substantially. Explain any promises made during negotiations so counsel can determine whether they should be documented. A provision matters because of its effect, even if it appears in routine paperwork.

Am I committed to buying a house as soon as my offer is accepted?

An accepted offer does not answer every question about enforceability. The documents signed, the communications exchanged, and the legal requirements all matter. Have counsel review any binder, offer form, or agreement before assuming that you are either fully committed or free to withdraw. The formal contract should clearly address the terms on which the parties intend to proceed.

What is a mortgage contingency, and why does it matter?

A mortgage contingency can establish conditions for obtaining financing and circumstances in which a buyer may cancel. Its protection depends on the wording, required efforts, notice provisions, and deadlines. Preapproval alone does not resolve those obligations. Ask counsel what must happen to preserve your rights if financing is delayed, denied, or offered on terms different from those anticipated.

Should a home inspection happen before I sign the contract?

Discuss the timing with your attorney and broker before committing. An inspection may identify conditions that should affect the price, repair terms, or decision to proceed. If an inspection will occur after signing, the contract needs to address the resulting rights and deadlines. An attorney reviews the legal protections; a qualified inspector assesses the property's physical condition.

What happens if a title search finds a lien or ownership problem?

Counsel and the title professionals assess the issue, the contract requirements, and what is needed to deliver the agreed title. Some matters can be resolved through payoff documents, releases, corrections, or other arrangements; others can delay or threaten closing. A recorded issue is not automatically harmless because the seller expects it to be resolved later.

Does the bank's title insurance protect me as the buyer?

A lender's title insurance policy protects the lender's interest under its terms. It does not provide the same protection for your ownership investment. An owner's policy is separate, and its coverage, exclusions, and exceptions should be reviewed. Ask the closing professionals to explain what is being purchased and whether any known title issues remain outside the coverage.

What should I know before buying a co-op or condominium?

The purchase involves building documents and financial obligations as well as the unit itself. Depending on the property, review may include the offering plan and amendments, governing documents, available financial information, assessments, use restrictions, and approval requirements. Ask what records are available before signing and whether the proposed financing and intended use are consistent with the building's rules.

Can I lose my contract deposit if the purchase does not close?

Possibly. The result depends on the contract, why closing failed, whether a contingency applies, and whether required notices were given. A change of mind and a valid contractual cancellation are different situations. Before withdrawing, missing a deadline, or agreeing to release escrowed funds, have counsel assess the available rights and the potential consequences.

What closing costs should I expect in a Westchester real estate transaction?

Costs vary with the purchase price, financing, property type, and allocation of expenses. They may include legal fees, lender charges, title expenses, recording fees, taxes, and adjustments for items already paid or owed. Request transaction-specific estimates early and review the final figures before closing. Generic calculators may omit costs or allocate them differently from your contract.

Is the closing date in my contract a guaranteed move-in date?

Not necessarily. The contract language, financing, title issues, required approvals, and the parties' legal rights affect timing. Some dates carry different consequences from others, including a properly established time-of-the-essence date. Coordinate moving plans carefully and ask your attorney what the particular agreement permits before treating an anticipated date as fixed.

What should I do if the final walkthrough reveals a problem?

Document the issue and notify your attorney before closing. The response depends on the contract, the nature of the problem, and any agreement about repairs or property condition. Possible options may include further investigation or a negotiated written arrangement. Do not assume that a verbal promise made at closing will preserve the same rights as an agreed contractual remedy.

Can the firm represent sellers as well as buyers?

Yes. Our real estate practice includes both purchase and sale matters. Seller representation may involve preparing or negotiating the contract, responding to title issues, addressing existing loans or liens, and organizing closing requirements. Representation in a particular transaction remains subject to conflict review. Tell the office whether another party has already contacted or retained the firm.

What additional issues arise when buying commercial property?

Commercial transactions may require review of leases, occupancy, zoning and permitted use, financing, environmental concerns, entity ownership, and existing contractual obligations. The investigation should reflect the business plan for the property. Counsel can identify legal issues and coordinate with the appropriate specialists; a legal review does not replace engineering, environmental, tax, or financial analysis.

Why should an attorney review my commercial lease?

The stated rent is only part of the commitment. Review should address additional charges, repairs, permitted use, insurance, renewal rights, assignment, defaults, guarantees, and what happens if the business must close or relocate. These terms can affect both operating costs and personal exposure. Kevin B. Faga's real estate practice includes commercial lease review and negotiation.

Can a personal guarantee make me responsible for a business lease?

Yes, a guarantee can create obligations separate from the tenant company's obligations. Its effect depends on the exact language, including any limits, release conditions, notice requirements, and obligations that survive surrender. Do not assume that forming an LLC or handing back the keys ends personal exposure. Have the lease and guarantee reviewed together before signing.

Should the deed name me individually, jointly with someone else, or through an entity or trust?

The ownership form can affect control, financing, liability, taxes, and what happens at death. It should fit your circumstances and the lender's requirements. Discuss co-ownership arrangements, estate plans, and business purposes before the deed is prepared. Transferring property later can create additional issues, so a name on the deed should be a deliberate decision.

Can an attorney help if a property dispute arises after closing?

Counsel can review the contract, closing documents, correspondence, and facts to determine whether a legal claim or negotiated solution may be available. A repair problem does not automatically establish liability, and some obligations end or change at closing. Preserve records and seek advice promptly rather than relying on assumptions about what the seller, buyer, or contractor must do.

What documents should I gather for a real estate consultation?

Provide the property address, proposed or signed contract, riders, broker information, financing documents, and any relevant notices. Sellers may also need the deed, existing loan information, and records of property issues. Commercial matters may require leases and entity documents. Identify every approaching deadline and ask how the office wants sensitive financial records delivered.

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Request a consultation

Before signing a real estate contract or commercial lease, discuss the terms with counsel. Call 914-358-1373 to request a consultation about your Westchester property transaction.
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