Legal Question in Real Estate Law in New York

Hello, I recently voided a real estate transaction in New York state based on a unsatisfactory home inspection. The realty company hold my 2500 in deposit money, but the seller refuses to sign the release. I was advised by my attorney that I would have to take the seller to small claims court. My question is who is responsible for the legal action , me or the realty company since they hold the money. thanks, Joe


Asked on 5/26/11, 4:02 pm

2 Answers from Attorneys
Gelena Alexandrovskaya Kaplan & Alexandrovskaya, LLC

You are responsible for starting the action, and I would name both the seller and the realty as defendants

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Answered on 5/26/11, 4:06 pm
Michael Markowitz Michael A. Markowitz, PC

As for small claims, your attorney is correct. Remember that you must sue in the jurisdiction where the realtor and seller do business (assuming it is the same location where the property is located).

Mike.

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Answered on 5/27/11, 6:00 am


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