REAL ESTATE LAW
Our Real Estate practice includes:
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Real Estate Litigation
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Leasing and Conveyancing
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Landlord/Tenant Litigation including NonPrimary Residence Cases
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Construction Arbitration
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Commercial Litigation
REAL ESTATE LAW - BROKER COMMISSIONS
Protecting & Securing Real Estate Brokerage Commissions
An issue that we are frequently called on to litigate is whether a real estate broker is entitled to a brokerage commission. The real estate broker must be licensed in the State of New York. Also, a real estate agent or salesperson has no independent right to sue for a real estate commission unless the real estate broker assigns the right to the commission to the real estate agent or salesperson.
Our office frequently utilizes making a motion for summary judgment in order to avoid needless litigation cost and delay. Summary judgment is an appropriate remedy to be utilized in actions for real estate brokerage commissions. The standard requires that the proponent of a motion for summary judgment make a prima facie showing of entitlement to judgment as a matter of law, by advancing sufficient "evidentiary proof in admissible form" to demonstrate the absence of any material issues of fact.
Real Estate Broker Employment Contract Agreement
An employment contract is expressly established when an owner of property lists it with a broker and the latter acts to procure a buyer or tenant on the owner's terms. It is well settled under New York Law that where the services of a real estate broker are engaged, in the absence of an agreement to the contrary, the broker earns his commission when he produces a lessee who is ready, willing and able to enter into a lease on terms acceptable to the lessor. This applies to sales and lease transactions. To earn a commission, a broker must be the procuring cause of the deal. Mere introduction and showing of the property has been held to be insufficient.
Is A Written Commission Agreement Required?
A written commission agreement although preferable is not required. In this regard it is noted that General Obligations Law section 5-701 (10) specifically exempts licensed real estate brokers and salespersons from the requirements that such agreement be in writing.
The contract of employment may be established by facts showing, in the absence of an express agreement, a conscious appropriation of the labors of the broker, and in some cases by the mere acceptance of the labors of the broker. Even if there is no agreement, express or implied, between the principal and broker, if the principal receives a benefit from the real estate broker's services under circumstances which, in justice, preclude him from denying an obligation to pay them, the broker is entitled to some relief.
It cannot be assumed that a broker works gratuitously, and the lessor and lessee are held to such knowledge when they accept the result of the broker's services. When the lessor has accepted the lessee brought to him by a broker, and when the lessor and lessee have agreed upon terms and execute a lease agreement, the broker's work is done and he has earned a commission.
Further, where a contract of sale or lease agreement admits the broker's performance of services and includes an express promise by the seller to pay the broker's commission, the broker is entitled to summary judgment on its claim for a commission as a third-party beneficiary of the contract or lease.
Real Estate Broker Commission Implied Contract
Whether a contract will be implied from the conduct of the parties depends upon the circumstances involved. A contract cannot be implied in fact where there is an express contract covering the subject matter involved.
A broker is not entitled to compensation on the principle of ratification merely because a person accepts the result of unsolicited service. In order to create an implied contract entitling a broker to a commission, the broker's services must have been performed under such circumstances as to notify the recipient that the services were being performed for him and not for another person.
Further, the recipient must have reason to understand that the services were rendered in expectation of payment of a commission by the recipient. The recipient must have acted in some manner to indicate acceptance of the services. Merely selling or leasing a property to a party voluntarily brought forward by a real estate broker will not render the seller liable to the broker for a commission. Consent to a real estate broker's rendition of unsolicited services will not entitle the broker to a commission without further indications that the recipient intended to enter into a contract for the broker's services.
Are You Entitled to a Reasonable Commission?
Where the parties’ agreement is silent as to the specific amount of the commission the broker is entitled to a commission that is fair and reasonable. In the absence of a contract expressed or implied, a broker is entitled to receive a commission in a reasonable amount for bringing together the parties transaction.
REAL ESTATE LAW - INJUCTIVE RELIEFS/DECLARATORY JUDGEMENTS
If a court order is required to prevent a party from doing something objectionable now or in the future or, to compel a party to take affirmative action to do something, our firm will petition the court on an expedited basis. We will also seek a declaratory judgment to legally validate claims of ownership, rent regulatory status or assertions of rights.
Injunction
An injunction is a court order requiring a person or business entity to do or cease doing a specific action. There are two types of injunctions: a temporary restraining order and a preliminary injunction. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. The purpose of both is to maintain the status quo by preventing a defendant from continuing to act in the manner complained of. Injunctive relief is a discretionary power of the court, an equitable remedy and failure to comply with an injunction may result in being held in contempt of court.
Injunctive relief is a discretionary power of the court in which the court, upon deciding that the plaintiff's rights are being violated, balances the irreparablility of injuries and inadequacy of damages if an injunction were not granted against the damages that granting an injunction would cause.
Declaratory judgments
Declaratory judgments permit parties to a controversy to determine rights, duties, obligations or status. It is a judgment issued by the court that defines the legal relationship between the parties and their rights with respect to the matter before the court. A declaratory judgment is a judgment of a court which declares what rights each party in a dispute should have or establishing the legal status or interpretation of a law or instrument, without awarding damages or ordering them to do anything.
Unlike most court cases, where the plaintiff asks for damages or other court orders, the plaintiff in a declaratory judgment case simply wants the court to resolve an uncertainty so that it can avoid future legal consequences. Courts are usually reluctant to hear declaratory judgment cases, but in cases involving a claim that a governmental agency has failed to comply with its own policies and procedures to the detriment of a plaintiff, courts will step in to determine the parties’ rights. For example, state agencies such as the Division of Housing and Community Renewal or the Department of Taxation and Finance, are required to make determinations based upon their own established policies and procedures, yet some times these determinations run contrary. A plaintiff who thinks the determination was arbitrary and capricious might ask a court to rule on the applicability of the agency’s policies and procedures to its determination.
REAL ESTATE LAW - REAL ESTATE LITIGATION
New York City Real Estate Litigation Lawyer
Real estate litigation often involves potentially high damages, multiple parties, and numerous regulations and laws. For these disputes, clients should be especially deliberate in retaining the services of an unwavering and knowledgeable real estate law firm.
As a seasoned New York City real estate litigation firm, our firm has represented clients in all manners of dispute. We also practice real estate transactions, business transactions and business litigation.
Breach of Contract
Our practice skillfully and aggressively represents parties in all types of legal conflicts relating to real estate purchase agreements, leases, license agreements and other contract claims.
We also represent landlords and tenants in landlord / tenant contract disputes such as failure to provide essential services (heat, repairs, security) or lease violations (illegally subletting, nonprimary residence, owner’s use, lease expiration, property damage, nuisance complaints, failure to pay rent).
Cooperative and Condominium Association Disputes
Our firm provides dedicated counseling to cooperative shareholders and condominium unit owners, as well as cooperative boards and condominium associations, in all manners of dispute, including those relating to maintenance obligations, subleasing, sales and violation of bylaws.
Rescission and Reformation
Rescission is a remedy that cancels an existing contract and restores the parties to their positions immediately before entering into the contract. Rescission can be sought as a result of innocent or fraudulent misrepresentation, duress and/or undue influence, mutual mistake or lack of capacity.
There are times when a contract, deed or other written instrument does not conform to what the parties understood or agreed to. In such circumstances, one party can seek the equitable remedy of reformation.
Our firm can represent either party in the dispute and often times can negotiate a settlement without the need for costly litigation. Our firm skillfully handles all legal matters involving rescission and reformation.
Quiet Title Actions and Boundary Disputes
We provide legal representation to those who are prosecuting quiet title claims to a property, as well as those seeking to establish ownership and lien rights. We represent property owners or affected neighbors in conflicts over trees, fences, setbacks and other boundary issues.
Injunctive Relief and Declaratory Judgment Actions
If a court order is required to prevent a party from doing something objectionable now or in the future or, to compel a party to take affirmative action to do something, our attorneys will petition the court on an expedited basis. We can and will also seek a declaratory judgment to legally validate claims of ownership, rent regulatory status or assertions of rights. More information about Injunctive Relief and Declaratory Judgment Actions.
Specific Performance
Our firm will pursue a court order to compel a party to a contract to perform what the party has promised to perform. In the world of real estate, each individual piece of land, each house, condominium or cooperative apartment is a unique property.
Foreclosures and Mortgage Disputes
We will bring or defend mortgage foreclosure and ejectment actions for residential and commercial properties, and represents property owners or lien holders in disputes about default status or other terms of the mortgage.
Shareholder Derivative Suits
Shareholders and directors are frequently embattled in litigation. Shareholders may claim that directors have breached their fiduciary duty to the corporation. They may also claim an abuse of control, waste of corporate assets, or gross mismanagement. The conduct of a director is governed by the duty of loyalty, which prohibits a director from profiting at the expense of the corporation. A director may also have failed to manage honestly and in good faith, breaching the duty of care to the corporation. Our attorneys can aggressively represent either party in shareholder derivative suits.
Appeals
Our attorneys are talented, persuasive writers, who master the lower court’s record, researches legal principles, understands subtle distinctions and emerging trends. Appellate advocacy is an art; a specialized area of litigation requiring a meticulous and tenacious attorney who can effectively argue for a reversal of a lower court decision.
REAL ESTATE LAW - COMMERCIAL LANDLORD/TENANT
Commercial Landlord Holdover and Nonpayment Proceedings
The Law Offices of Vincent S. Wong provides comprehensive services to commercial landlords and real estate management companies in New York. Our broad range of services in landlord and tenant litigation includes such services as lease, contract and statutory rights enforcement, summary holdover proceedings, summary nonpayment proceedings in New York Civil Court and defense of Yellowstone Injunctions in New York Supreme Court.
In our practice, our attorneys help commercial landlords and real estate management companies by countering tenant defenses and working toward a final judgment of possession and money judgment or settlement as expeditiously as possible. We understand that significant amounts of money are at stake, and every week or month that goes by, a landlord could lose tens of thousands of dollars in rent.
Landlord and tenant law in New York State is driven by both legislation and case law, with the law constantly evolving into complicated rules and procedures that often invoke other, interrelated areas of law. Litigation in this field is complex, and the administrative procedures, filing limitations, evidentiary requirements and other procedural demands can be abstract without the skilled guidance of a practiced lawyer whose practice emphasizes landlord and tenant law.
Our firm understands the need for the client to know what is going on every step of the way. Because of the personalized attention our attorneys gives each case, we knows exactly what stage the case is at and can inform the client with a telephone call.
New York Commercial Landlord Summary Nonpayment Proceedings Lawyer
A summary nonpayment proceeding is a civil court proceeding initiated by the commercial landlord or real estate management company when the tenant has refused to pay rent.
New York Commercial Landlord Summary Holdover Proceedings Attorney
A summary holdover proceeding is a civil court proceeding initiated by the commercial landlord or real estate management company when:
1. A commercial tenant has held over the expiration of his lease, or
2. The landlord has prematurely terminated the tenancy because of a breach or violation of the lease. Examples of breaches or violations of the lease include the tenant illegally subletting or assigning the lease, failing to maintain insurance, committing a nuisance. The lease may also have a provision that allows the landlord to prematurely terminate the lease if it intends to demolish the building or gut-renovate the building.
REAL ESTATE LAW - RESIDENTIAL LANDLORD/TENANT
Landlord and tenant law comprises a large portion of our firm's practice, as we provide comprehensive services in this area beyond what is offered by many other landlord and tenant lawyers in the area. Our broad range of services in landlord and tenant litigation includes such services as lease, contract and statutory rights enforcement and preventing the forfeiture or loss of a tenant's home or business premises. A tenant's need to make emergency application to the court by Order to Show Cause can and is frequently accomplished.
Landlord and tenant law in New York State is driven by both legislation and case law, with the law constantly evolving into complicated rules and procedures that often invoke other, interrelated areas of law. Litigation in this field is complex, and the administrative procedures, filing limitations, evidentiary requirements and other procedural demands can be confusing without the skilled guidance of a practiced lawyer whose practice emphasizes landlord and tenant law.
Landlord / Tenant Litigation
In conjunction with our established real estate practice, the law offices Vincent S. Wong both prosecutes and defends in litigation involving tenants, landlords, subtenants, licensees, property managers, and related parties of both residential and commercial properties. In our practice, we represents either party on all landlord and tenant litigation matters, including those of:
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Holdovers and Nonpayment Proceedings
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Rent Overcharge Proceedings
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Damage to Property Disputes
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Summary Proceedings
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Contract Actions Between Former Tenants or Landlords
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Wrongful Evictions
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Yellowstone Injunction Actions
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Injunctive and Declaratory Judgment Actions
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DHCR Proceedings
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Rent Strikes and Appeals
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Rent in Arrears Collection Actions
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Tenant Evictions
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Orders to Show Cause
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Emergency Relief
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Illusory Prime Tenancy
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Illegal Profiteering
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Judgment Vacatur
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Bankruptcy
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Retaliatory Evictions
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Self Help Evictions
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Breach of Warranty of Habitability
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Landlord Liability
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Tenant Privacy Rights
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Fair Market Rent Appeals
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7A and HP Proceedings
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Appeals
If you are a tenant or landlord in New York and need legal advice, you can rely on the experience and ability of our firm to provide you with the accurate legal direction to resolve your matter in an expedient and affordable manner. Whether you pursue your resolution through either litigation or settlement, our firm has handled these cases for over 20 years and can apply our proven strategies to efficiently resolve your dispute.
REAL ESTATE LAW - COMMERCIAL REAL ESTATE
New York City Commercial Real Estate Lawyer
Our office provides legal advice and due diligence for all aspects of commercial real estate transactions, including businesses, mixed-use buildings, and undeveloped land.
Our clientele spans the New York City area, including Manhattan, Brooklyn, Queens, Bronx, Staten Island, and Suffolk and Nassau counties. Our law office also provides representation involving commercial real estate litigation.
Commercial Real Estate Transaction Services
Our personalized attention and our cordial, professional demeanor lend themselves to consummating New York commercial real estate transactions with an exceptional closing rate on all signed Purchase and Sale Agreements. We attend to the details of every legal matter and our thorough knowledge of New York City commercial real estate law enables our office to anticipate obstacles and thus avoid conflict.
Our lawyers adeptly provides the following essential services to clients:
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Drafting of purchase and sale agreements
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Reviewing real estate contracts
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Lease review
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Reviewing tax issues
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Reviewing of offering plans and financial statements
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Reviewing whether there are any unpaid real estate taxes or unpaid HPD liens against the building
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Acquisition of commercial property in New York
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Mortgages and real estate financing
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Title examinations (title and lien searches)
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Real estate closings
Our real estate transaction practice also extends to:
Commercial Leases and Subleases
We represent commercial landlords in drafting and negotiating the commercial lease terms. We also perform the due diligence involved in reviewing all tenancies and leases. Commercial buildings could have dozens if not hundreds of commercial tenancies with leases of varying terms. A landlord is able to secure mortgages on a building based in large part upon long-term leaseholds, so the value of a building is directly related to the long-term leaseholds that are in effect.
Joint Ownership and Shared Ownership
The Law Offices of Vincent S. Wong creates joint ownership with rights of survivorship or shared ownership agreements which seek to address and avoid potential disputes, and litigates partition actions for liquidation or transfer of jointly held properties.
Construction and Improvements
Our firm also aids clients in securing approval for additions, renovations and other property amendments for commercial properties, as well as permitting for construction.
REAL ESTATE LAW - RESIDENTIAL REAL ESTATE
Residential Real Estate
The New York City real estate transaction practice of the Law Offices of Vincent S. Wong has experienced unsurpassed success, with an exceptional closing rate on all signed Purchase and Sale Agreements.
Our firm provides legal advice and general counsel for all aspects of New York City real estate transactions, including cooperative apartments, condominiums, single-family homes, apartment buildings, mixed-use buildings, and undeveloped land.
Our clientele spans the New York City area, including Manhattan, Brooklyn, Queens, Bronx, Staten Island, and Suffolk and Nassau counties. Our office also provides representation involving real estate litigation.
Real Estate Transaction Services
Our firm’s personalized attention and our cordial, professional demeanor permits our office to close our New York City real estate transactions at such a high rate. We attend to the details of every legal matter and our thorough knowledge of New York real estate law enables our office to anticipate obstacles and thus avoid conflict.
The Law Offices of Vincent S. Wong adeptly provides the following essential services to clients:
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Drafting of purchase and sale agreements
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Reviewing real estate contracts
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Reviewing of offering plans
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Reviewing the records at the Division of Housing and Community Renewal as to whether apartments are rent controlled, rent stabilized, or free market, and whether there are any overcharge actions pending
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Reviewing whether there are any violations pending at the Department of Housing, Preservation and Development and how old any violations may be
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Reviewing whether there are any unpaid real estate taxes or unpaid HPD liens against the buildingReviewing whether the building is properly registered with the Department of Housing, Preservation and Development, and with the Division of Housing and Community Renewal
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Acquisition of residential property in New York
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Mortgages and real estate financing
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Title examinations (title and lien searches)
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Real estate closings
Our firm’s real estate transaction practice also extends to:
Condominiums and Cooperatives
We represent purchasers and sellers of condominium and cooperative apartments, as well as condominium associations and cooperative boards, assisting either party in negotiating the terms of a sale, closing a transaction or clarifying and enforcing a parties’ rights.
Joint Ownership and Shared Ownership
We create joint ownership with rights of survivorship or shared ownership agreements which seek to address and avoid potential disputes, and litigate partition actions for liquidation or transfer of jointly held properties.
Residential Leases and Subleases
Our firm represents landlords in drafting and negotiating the lease terms, and likewise represents tenants in negotiating lease terms to balance the playing field, making the lease fair for both parties.
Construction and Improvements
The firm also aids clients in securing approval for additions, renovations and other property amendments for rental, condominium or cooperative properties, as well as permitting for construction projects for homes and businesses.