Legal Question in Real Estate Law in New York

Short Sale

We gave an offer to a seller to buy a

single family house in Nassau, NY. This

is a short sale. What do we need to pay

close attention to in case of this type of

transaction. Also, are you able to help

us to close a deal?


Asked on 1/20/09, 10:28 pm

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Short Sale

A purchaser for a short sale is similar to a purchaser from a normal transaction. The difference is that the contract is contingent to Seller's bank approval.

The contract for the purchase is normally drafted by the seller's attorney. The purchaser should treat the transaction like any other. In other words, there should be language about possible issues in the house (wood destroying insects, roof free of leaks, appliances in working order, etc.) and there should be language about your ability to purchase the house (mortgage contingency, closing date and place, etc.).

Closing would take place when you receive your mortgage and when the seller receives consent for the short sale.

If you want you may contact my office and I will obtain additional information and quote a flat fee for the transaction.

Mike.

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Answered on 1/21/09, 9:04 am
Peter Moulinos Moulinos & Associates LLC

Re: Short Sale

Yes, I can assist you on this. You need to pay close attention to the seller's bank in order to make sure the proper papers are executed approving the short sale and the removal of all liens.

Please let me know if you would like to speak further regarding this.

Kind regards,

Peter Moulinos

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Answered on 1/21/09, 9:34 am
Steven Czik CZIK LAW PLLC

Re: Short Sale

Yes it is very important for you to retain the services of an experienced attorney in a transaction such as this. This is an area of in which we have vast experience, 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 1/22/09, 2:16 pm


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