When buying a home in New York, a lawyer’s work typically includes negotiating and drafting the purchase and sale contract, reviewing the title search, assisting with financing, and participating in the closing. The seller of a one- to four-family home must generally provide the buyer with a property condition disclosure statement before signing a binding contract.
For many Polish-American families, buying a home in Ridgewood, Maspeth, or on Long Island is the biggest transaction of their lives, often preceded by years of saving. That is precisely why what happens long before the closing is so important – because the day the keys are handed over is merely the finale of agreements written down in the contract beforehand.
The Closing is the Finale, Not the Beginning
When discussing the purchase of a home, it is easiest to remember the price and the planned moving date. Meanwhile, the purchase and sale contract answers equally important questions: what must happen before the transaction closes, what documents the other party will provide, and what will happen if a specific condition is not met. Verbal promises made during a home viewing do not automatically become part of the contract. When a buyer is simultaneously selling their current apartment, the interdependence between both transactions should also be reflected in the documents, not just in conversations.
The Heller Law Firm, PC outlines on its website what it handles in residential transactions: negotiating and drafting purchase and sale contracts, analyzing title search results, assisting with financing selection, and participating in the closing. According to the firm, its services cover everything from the beginning to matters that arise even after the transaction is closed. A title search shows, among other things, whether the property is subject to encumbrances such as mortgages or liens that must be settled before ownership is transferred.
Property Condition Disclosure and Flood Questions
An important document is the Property Condition Disclosure Statement. Pursuant to Real Property Law §462, the seller of residential real estate must complete, sign, and deliver this statement to the buyer before the buyer signs a binding contract. A copy signed by both parties serves as an attachment to the contract. This provision applies to one- to four-family homes and does not include, among others, condominium units or co-op apartments. The statute also provides for exceptions, including sales pursuant to a court order, mortgage foreclosure, by an executor of an estate, between spouses, or in the case of a new, uninhabited home (RPL §463).
The form includes detailed questions about flood risks: whether the home is in a FEMA-designated flood zone, whether flood insurance is required, whether previous owners received federal disaster assistance after a flood, and whether any related claims were filed. There are also questions about water in the basement and drainage problems. The parties may agree to a sale “as is,” but the disclosure statement remains a source of information worth reading before signing.
Commercial Space: Purchase and Commercial Lease
Business owners looking for space for a store, office, or workshop face a different set of questions. The firm represents both buyers and sellers of commercial real estate, and in lease transactions – both landlords and tenants. In a lease agreement, besides rent, important factors include additional fees, repairs, insurance, and the terms of termination. A company sign on the door also does not determine who is a party to the contract – any potential personal liabilities of the business owner must be ascertained from the full text of the documents.
Norman H. Heller, Esq., the firm’s founder, focuses according to his bio on residential and commercial real estate as well as business law. He has represented all parties to transactions: buyers, sellers, landlords, tenants, and financial institutions. He has also served as a Small Claims Assessment Review Hearing Officer in Nassau County, reviewing appeals of real property tax assessments.
Consultation in Polish
The scope of the real estate practice is described on the firm’s real estate and closings page, and contact information can be found on its PolishPages profile. The firm has offices in Lake Success and Ridgewood (the latter by appointment only) and serves clients in Polish. Before the meeting, it is worth preparing the draft contract, received attachments, mortgage information, and a list of deadlines.
Consultation terms for real estate matters are arranged individually. Phone: 516-441-5656.
This article is for informational purposes only and does not constitute legal advice; reading it does not establish an attorney-client relationship. This material is attorney advertising. Prior results do not guarantee a similar outcome.
