Frequently Asked Questions About 房地产 Law

Although in most transactions a survey is not legally required, 当前的调查很有帮助, especially if the property has never been surveyed before. 测量将清楚地划定界线, 确定角落并确定总面积, as well as identify possible title issues that otherwise would not be apparent from the public record. The survey will also locate easements, rights of way and encroachments that affect the property. 一项新的调查可以被证明, 在你的新契约中提到，然后归档, thereby establishing clear and unambiguous title in the name of the new owner.

在纽约州, it is customary for both the seller and purchaser to have their own attorney in a real estate transaction. The responsibilities of the seller’s attorney include to prepare and negotiate the terms of a real estate contract, 准备卖方转让文件, 解决所有权问题和现有留置权, prepare a closing statement and represent the seller at the closing. The purchaser’s attorney will review and negotiate the terms of the seller’s contract, 订购产权搜索和产权保险, 检讨业权事宜(包括地役权), 限制及通行权), 检讨评税及物业税数字, discuss the option of obtaining a new property survey, coordinate a closing with the mortgage company’s attorney, prepare a closing statement and represent the purchaser at the closing.

Expenses vary depending on whether you are the seller or the purchaser and also on the complexity of the transaction, type of real estate and whether financing is involved. A flat fee is often quoted for a straightforward transaction, but an hourly rate may be used if complications are likely to arise. 在关闭, the seller will pay a New York State transfer tax, 这取决于房产的位置, 县转让税. The seller also pays the real estate broker’s commission, as well as the balance of any existing mortgages or other liens affecting the property. The purchaser will pay the cost of recording the new deed and mortgage, the New York State mortgage tax (generally 1% of the amount of the mortgage), 以及与抵押贷款相关的银行费用. We review all of these expenses with the client early on in the transaction to ensure that he or she knows what to expect for total closing costs.

It is always a good idea to have a competent home inspector or contractor thoroughly inspect a home for defects prior to closing. 购买者通常会有结构性的, 害虫, 败血性, 水, radon and electrical inspections done either prior to signing a contract, or after signing the contract and pursuant to the inspection contingency in the contract.

在纽约出售住宅物业时, a seller is normally required to either to give the purchaser a Property Condition Disclosure Statement; or, 给他们500美元.00信用额代替本声明. 然而, providing this Statement to a purchaser creates post-closing liability for the seller and it is always a good idea to discuss these options with your attorney to determine which option is best for you.

最后披露, 或者通常所说的“CD”, is the result of new TRID banking regulations that have eliminated the standard Form HUD-1 Statement in an effort to create a more all-inclusive and easier to understand closing statement for home buyers obtaining mortgages. The extent to which the CD achieves this goal is open for debate. 然而, it is now what the banks will provide to borrowers to disclose loan costs, and we frequently review these disclosures with clients prior to closing to insure that the bank fees being charged are usual and accurate.

A Quit Claim Deed conveys real estate to a grantee without any warranty of title by the grantor. This is as compared to a Full Warranty Deed where the grantor warrants title to a grantee, 包括前业主的所有权. A Bargain and Sale Deed is the deed type most commonly used in New York’s Hudson Valley. This type of Deed includes a title warranty from the current owner, 但不能保证之前所有人的所有权.

Section 1402-a of the New York Tax Law imposes a 1% tax on any sale of any residential property with a purchase price equal to or over $1,000,000.00. This tax is reported on the transfer tax return (form TP-584). Whereas transfer taxes are generally paid by the seller, the mansion tax is paid by the purchaser at the time of closing. If a portion of the property is non‑residential in character, it may be possible to allocate the purchase price between the residential and non-residential portion of the property, 从而减少, 或者在某些情况下, 取消这个税. 然而, the New York State Tax Department will frequently audit these allocations, so it is important to review all of the property details and regulations carefully with an attorney.

No. 在大多数情况下, both the seller and purchaser can avoid physically attending the closing by signing transfer documents ahead of time.