WNY Lawyers Banner
≡ Menu

Buffalo NY Real Estate Attorney

Rochester Lawyer Bob FriedmanBuffalo Real Estate Attorney
Bob Friedman

Your purchase of real estate, whether it’s a single family home, condo or rental property, may be the largest investment that you ever make. It can be an intimidating process.

That’s really no surprise is it….with some of these investements running into the hundreds-of-thousands of dollars.

I’d like to ask a favor….take a second and see if any of the following scenarios are familiar. Are you….

  • Preparing to invest your life savings to purchase your first home?
  • Selling your current home and moving-up?
  • Looking at a vacation home to be your primary residence when you retire?
  • Running a business and need to buy or build a larger facility?
  • Investigating a real estate development opportunity with great potential?

If any of these situations hit-home, I can promise you that the legal issues that you will encounter when dealing with real estate will be significant because of the large amount of money involved.

The best advice I can give is to talk to an attorney before you sign anything.

If you are buying or selling real estate in the Buffalo, NY area, I would be glad to talk with you about the property that you are looking at….or help you with any real estate problem that you may have.

I’ve been a Buffalo, Real Estate Attorney for more than three decades. I’ve assisted individual property owners (both buyers and sellers), entrepreneurs, real estate investors and businesses of all sizes.

I’ve earned a reputation for excellence in real estate legal matters because of the personal service and attention to detail that clients look for in a Buffalo NY Real Estate Lawyer.

Below is a list of the Real Estate areas I can help Buffalo and WNY residents as well as those that hold property, or are planning to hold property in this area. Before signing anything, please call me at 716 542 5444 or 800 729 4571….or simply contact me by using the form below.

And if I can’t help you with your Real Estate matter, I’ll put you in touch with the best Buffalo Area Real Estate Attorney that can.

Buffalo Real Estate Attorney Practice Areas

  • Adjustable Rate Mortgage Guidance
  • Adverse Possession
  • Appraisals and title insurance
  • Architect Agreements
  • Assessments
  • Boundary disputes
  • Breach of warranty under title insurance
  • Brokerage commission disputes
  • Buffalo & WNY Building inspections
  • Closing Cost Advice
  • Condemnation Help – has your property been condemned by Buffalo Area Authorities?
  • Condominiums
  • Construction Contracts
  • Contract Reviews
  • Covenants, Conditions, and Restrictions (CCRs)
  • Dual Agency Issues
  • Easement Reviews in the Buffalo and WNY area
  • Easements
  • Eminent Domain in New York
  • Fannie Mae Lending
  • FHA Lending
  • Foreclosure Short Sales in New York
  • Foreclosure Assistance for Buffalo and WNY residents
  • Foreign Nationals with US Real Estate Holdings
  • Home Inspection Problems
  • Home Title Insurance Requirements
  • Homeowner’s Insurance Advice
  • Homeowners Association Legal Issues
  • Land developments and closings
  • Land use planning and rezoning
  • Lease – Option to Buy Advice
  • Legal advice for Buffalo and Western New York residents that engage in flipping Real Estate
  • Liens on your Home or Property
  • Like Kind Exchange
  • Life Estate Deed
  • Mortgage Broker Assistance
  • Mortgage Fraud
  • Mortgage Law
  • New York 1031 Exchange
  • New York RELP’s – Real Estate Limited Partnership
  • New York Tax Lien Help
  • Buffalo NY Real Estate Leases
  • Buffalo NY Real Estate Litigation
  • Buffalo NY Reverse Mortgage Advice
  • Oil and Gas Leases
  • Options to Purchase
  • Ownership Considerations
  • Predatory Lending
  • Probate
  • Promissory Notes
  • Property Law
  • Property Surveying
  • Quiet title and real estate matters
  • Quit Claim Deeds
  • Buffalo Real Estate Agent Malpractice
  • Buffalo & WNY Real Estate Developments
  • Buffalo Real Estate Land Trust
  • Buffalo & WNY Real Estate Syndication
  • Buffalo Area Real Estate Transactions
  • Buffalo & WNY Real Property Investments
  • Refinancing Issues
  • Residential and commercial closings
  • RESPA Violations
  • Review of Settlement Statements
  • Right of First Refusal
  • Rights of Way
  • Stop Foreclosure
  • Subdivisions
  • Taxes
  • Taxpayer Relief Act Guidance
  • Violations of the Fair Housing Act
  • Working with lenders to ensure the timeliness and quality of their obligations
  • Working with mortgage broker to ensure the timeliness and quality of their obligations
  • NY Zoning and Permits

And if you’re interested in more real estate related information, please refer to the Real Estate and Municipal Law information found below. It contains specific information regarding real estate matters in New York State.

For further information, please call me now at 716 542 5444 or toll-free at 800 729 4571.


Read our articles on this subject and others.


Contract Contingency Language


Real Estate/Municipal Law FAQ

If Your New Home is a “Lemon”

Q: Our home was built one year ago. Is the builder still responsible for leaks in our plumbing systems?

A: Yes. The New York Housing Merchants Implied Warranty applies to all contracts for the sale of newly-constructed single-family homes, condominiums and cooperatives contained in structures up to five stories.

There are three categories of warranties, as follows:

  • For one year, the home must be free from defects due to failure to construct in a skillful manner. The workmanship and materials must meet or exceed the State Uniform Fire Prevention and Building Code or locally accepted building practices.
  • For two years, the following systems must be free from defects:
    • Plumbing systems: gas supply lines and fittings; water supply, waste and vent pipes and their fittings; septic tanks and their drain fields; water, gas and sewer service piping, and their extensions to the tie-in of a public utility connection, or on-site well and sewage disposal systems.
    • Electrical systems: all wiring, electrical boxes, switches, outlets and connections up to the public utility connection.
    • Heating, cooling and ventilation systems: all duct work, steam, water and refrigerant lines, registers, convectors, radiation elements and dampers.

  • For six years, the following load-bearing portions of the home must be free from defects which make it unsafe, unsanitary or otherwise unlivable: foundation footings and systems, beams, girders, lintels, columns, walls and partitions, floor systems and roof framing systems.

Builders can exclude or modify warranties by providing a “limited warranty”.

Back to Top

How Real Estate is Divided in a Divorce

Marital property” is property acquired during the marriage which is equitably distributed (but not always equally) between the husband and wife in a divorce or separation regardless of which spouse has title.

“Separate property” is property owned prior to the marriage or acquired by one spouse during the marriage as a gift or inheritance. It is not subject to equitable distribution. The courts have ruled that the following is marital property:

  • Real estate acquired by the husband during the marriage, although titled in his name alone.
  • Real estate given by the husband to the wife during the marriage.
  • A home conveyed by the husband to his wife at her request to shield it from his creditors. The wife was holding the real estate for the benefit of both which constituted an implied promise to hold title jointly as tenants by the entirety.
  • The increase in the value of a residence which was owned by the husband and placed in joint names two months prior to separation. The wife contributed to improvements during the marriage.

The following has been ruled to be separate property:

  • The increase in value of rental property owned by the husband before the marriage which increased due to market forces and inflation. His only contribution was periodic visits to collect late fees and inspect the property.
  • A farm purchased with an inheritance by the husband during the marriage.

Back to Top