Exchange Basics: The Rules for Identifying Replacement Properties

1031 Exchange Residential Real Estate Law

A 1031 exchange is a great way for investor’s to develop significant wealth by deferring capital gains tax on the sale of assets that are replaced with like-kind properties. But this generous benefit of the Internal Revenue Code comes with a caveat: the rules for the safe harbor created must be followed exactly, and errors …

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Becoming More Than Just a Real Estate Salesperson

Salesperson Residential Real Estate

Today’s brokerage clients demand more of their real estate professional than before, and successful agents and brokers recognize this. I deal with many real estate professionals across the spectrum of success, and have noticed that the more talented brokers are the ones who make themselves the single resource that clients trust in connection with all …

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An Expert’s Guide to Succeeding in Your Short Sale

Residential Real Estate Lawyer Guide Short Sale

The decision to sell short is an important one. But for underwater homeowners in financial distress, it can sometimes be the best option. In a short sale, the seller remains in control of the transaction, and no legal proceedings are necessary. Unlike a foreclosure or bankruptcy, which are court proceedings and become a matter of …

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Seven Rules for Successful Deals in 2012

Residential Real Estate Lawyer Guide Deal 2012

2011 was a tricky year, and closing deals this year required a much different mind and skill set than in the past. I think 2012 will be even more robust, and with consumer confidence posting record increases, we’re poised for a banner year. As we start the year, I want to share some trends that …

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A Sales Tax on Real Estate Sales? Yes, Well Sort of…

Residential Real Estate Lawyer Guide Sales Tax

The internet can be great for providing information on any number of subjects. And real estate is among the most popular, with “experts” weighing in on any issues raised by (confused) consumers. Recently, there has been a flurry of activity offering “guidance” on the new 3.8% sales tax on real estate. Much of the “analysis” …

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The Casual Landlord: Dealing with the Non Paying Tenant

Residential Real Estate Lawyer Guide Landlord Tenant

The non-paying tenant can be devastating to your financial plans for the property. In addition to the obvious issues of cash flow, a non-paying tenant in possession continues to have access rights, and can interfere with a landlord’s plans to market and sell a property. And eviction is also expensive and time-consuming. And typically the …

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Refinancing Options for Underwater Homeowners

Residential Real Estate Lawyer Mortgage Homeowners Selling Real Estate

There is new relief in sight for homeowners “underwater” on their mortgage, where the market value of the property is less than the outstanding payoff of their mortgage. Previously, only those whose mortgage was no more than 125% of the market value of their home were eligible, and then only in certain circumstances. That permitted …

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The Casual Landlord: Some Advice for First Timers

Residential Real Estate Lawyer Buying Real Estate Landlord

Being a landlord is not an easy line of work. And in this market where some homeowners opt to become landlords “temporarily” and rent their empty home until market conditions improve, it’s easy to end up in a far worse financial situation than you were in before taking on the landlord role. Here are a …

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Buying Real Estate and the Internet: A User’s Guide

Residential Real Estate Lawyer Buying Real Estate Guide

Buyers in today’s market have no lack of information when it comes to real estate. And much of that information flows in through the internet, with new real estate blogs and Q&A from “experts” popping up as quickly as the google engines can find them. The trick for customers in today’s market then is separating …

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To Inspect or Not to Inspect: That Is the Question

Residential Real Estate Law Inspection of Homes

Among the most frequently asked questions of buyers of cooperative and condominium apartments is whether they should engage a professional engineer to inspect the apartment before buying.  Like many issues in New York real estate, the answer is not always straight-forward. When evaluating whether to hire an engineer, or professional home inspector, let’s first re-examine …

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