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Legal Questions Related to Our Practice

Frequently Asked Questions

We've compiled the most common questions we're asked and a basic answer to all. While these are helpful to some, we know you have more. Please, reach out to our office to set up a legal consultation at the Law Office of Melissa A. Tocha.

A: Yes. Buying a home will probably be the largest and most significant purchase you will make in your life. It also involves the law of real property, which is unique and raises special issues of practice, and potential problems not present in other transactions. A real estate lawyer is trained to deal with these problems.

A: The home seller could potentially be liable for undisclosed problems. For example:

1) If the seller gave the buyer a warranty or guaranty, the seller may be liable under the terms of that document, to whatever extent is specified.

2) If the seller committed fraud. Fraud is usually committed by a misrepresentation, which was made knowingly and with the intention that the recipient of the misrepresentation rely on it to his or her detriment.

3) Claims against sellers under New York State law are difficult and a referral will be made to litigation counsel.

A: A deed is a legal document that transfers property from one party or parties to another.

A: A title search is a document that shows evidence of right or ownership of real property. If you are purchasing a home or commercial property, it is important to make sure the title is reviewed. The proper transfer of ownership will depend on whether the title is clear and can help you avoid future problems if you wish to sell the property at a later date. Our office recommends the purchase of an owner’s policy of title insurance. Lenders require a mortgage policy of title insurance which protects the lender.

A: A home inspection is an inexpensive way to discover the universal condition of a home. A home inspection is an all-encompassing examination of the condition of a home. The home inspection should be performed shortly after contract execution. It is important to conduct a home inspection to avoid a costly mistake by purchasing a property in need of major repairs.

Disclaimer: These FAQs are provided for informational purposes only and do not constitute and should not be considered legal advice concerning the question. By reading the questions and answers no attorney-client relationship is created between you and our law office. You should contact an attorney to obtain advice with respect to any particular question.

Your Family. Your Home. Your Legal Needs. Our Priority.

As an experienced attorney, Melissa A. Tocha can help you achieve the results you desire.