Legal Question in Real Estate Law in New York

if seller (in NY state, westchester) does not agree on the closing date even it is past due by more than 45 days, is it wise to issue 'the time of essence' letter. if seller does not come to the table to close on the date agreed as per the'time of essence letter', what are my options/next step


Asked on 9/25/10, 7:02 am

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Declare Seller in default. Sue for specific performance of the contract. Be sure to file a Lis Pendens so suit is recorded against title.

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Answered on 9/30/10, 8:26 am
Steven Czik CZIK LAW PLLC

Don't you have a lawyer that reviewed the contract for you? Are you looking for a new one?

We have substantial experience handling these matters, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Law Offices of

STEVEN J. CZIK, P.C.

101 Avenue of the Americas, 15th Floor

New York, New York 10013

212.413.4462

[email protected]

The information provided by The Law Offices of Steven J. Czik, P.C. (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 10/04/10, 9:29 am


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