In the conclusion to my recent article on caveat emptor in this journal,1 I noted a theoretical gap for real estate purchasers in the doctrine of caveat emptor where the seller had knowledge of a condition defect and the purchaser and its inspector were unable to detect it. I noted that some states had plugged this … Continued

Until recently, real estate with a small footprint—one-to-four-family homes as well as small retail, office, and industrial buildings—was generally within the purview of small investors who invested locally. Today, because of technological advances, these owner-occupants and investors face competition from an emerging class of decentralized finance (DeFi) investors.1 Fintech companies are presenting DeFi investors with new … Continued

The collection of the legal fee component of a mortgage foreclosure action can often be a meaningful pursuit. This is especially so in substantial commercial foreclosure actions, perhaps less compelling in residential cases, although the importance can be elevated if the latter are heavily litigated. The award of legal fees is made in the judgment of foreclosure … Continued

A. Introduction The date of closing for a contract of sale is very important. Most contracts of sale do not state that time is of the essence (TOE) as to the date of closing. The date is usually an approximation at the time the contract is entered into and many things can happen to affect the actual … Continued

Bruce Bergman, author of the four-volume treatise, Bergman on New York Mortgage Foreclosures (Lexis- Nexis Matthew Bender,) is a member of Berkman, Henoch, Peterson & Peddy, P.C. in Garden City. He is a fellow of the American College of Mortgage Attorneys and a member of the American College of Real Estate Lawyers and the USFN. His biography … Continued

The normalization of COVID (fingers crossed!) has brought both change and renewal to the Real Property Law Section (RPLS). Our new committee structure calls for three co-chairs (up from two) to lead each committee, generating opportunities for increased member activity and fresh ideas. To be considered for a third co-chair position, committee members should contact … Continued

Josh Werbeck is a member at Bousquet Holstein PLLC. He is chairperson of the firm’s real estate group and serves on its board of managers. Bousquet Holstein has offices in Syracuse and Ithaca. 1. What sparked your interest in real estate law? While looking for a place to live during law school, I found an inexpensive … Continued

May 19, 1927 – April 30, 2022 George Haddow Elwood, who served as Chair of the Real Property Law Section from 1977 to 1978, passed away on Saturday, April 30, 2022 in Utica, N.Y. at the age of 94. He graduated from Hancock Central School, 1944; Rutgers University, 1949; and Fordham Law School, 1952. George … Continued

This article by law student Daniel Finnegan, who won first place in the Real Property Law Section Student Writing Competition. Introduction With climate change continuing to destabilize our physical environment, New York state’s government must respond with legislation that effectively combats the primary causes of our energy consumption. One major culprit of greenhouse gas emissions … Continued

Ira Brad Matetsky is a partner at Ganfer Shore Leeds & Zuderer LLP in Manhattan and a member of the firm’s litigati and cooperative and condiminium practices. A year has passed since the collapse of the Champlain Towers condominium in Surfside, Florida. In the wake of this seemingly unthinkable tragedy, many property owners around the … Continued