Franchise Lawyers Do We NEED TO HIRE ONE

Have you reached the finish line in your franchise business exploration? Are you on the verge where your yes or no decision on a particular franchise opportunity is imminent? If so, you must read this ….

It’s often times postulated by Franchise representatives that the contents of an agreement are non-negotiable. Many people will buckle under the pressure and uncertainty and sign with disregard to the gravity of the document execution.

While that may be be stated clearly, there are varying degrees of truth behind the claim.The legal jargon interlaced in a Franchise Disclosure Document (FDD) as well as the actual franchise agreement iteself may be 200 – 300 pages long. The information contained in these documents necessitate scrutiny and a keen eye for detail. Doing so, without proper representation, could be a costly oversite. Utilizing the skill set of an experienced franchise attorney can often be the discerning factor between a successful agreement, and a pending legal dispute.

A qualified franchise Lawyer NYC will know which part of the FDD contract to focus on, while taking into account the agreement in its entirety. Over site of the execution or preliminary drafting should be included in a schedule of services in order to minimize conflict and ensure success. Proper drafting and compilation should protect the interest of the respective parties, and clearly define the obligations as a franchise owner to your franchiser. Franchise lawyers in NYC can also help businessmen negotiate with the franchiser.

Once you have completed all the research and are ready to move ahead with your chosen franchise opportunity, hire a franchise lawyer NYC you can offer reassurance that nothing was overlooked.

If you are buying a franchise in New York City than hiring the services of a qualified franchise lawyer in NYC should be the only thing that should be non-negotiable in your eyes.

What is the Difference Between Rent Control and Rent Stabilization?

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New York City tenants know just how expensive rent can be, and depending on the neighborhood you choose to live in, it can be even more expensive compared to other neighborhoods in the city. Nobody wants to live near bad tenants when they rent, which is why finding a good place to rent is important. It is due to these astronomically high rent prices that rent regulations were established and put into place to protect the average New Yorker from being priced out of the rental market. So, what is the difference between rent control and rent stabilization?

Rent Control

Dating back to 1920, just after World War I, there was a severe housing shortage in NYC that lead to high rents and rent strikes. As a result, and to try and mitigate the problem, the New York State legislature passed a program that was intended to control rent prices—keep them down, and limit landlords on baseless evictions of tenants without the assistance of a landlord tenant lawyer NYC.

Following the rent control legislation of the 1920s, there have been numerous other laws and regulations passed, intended to both regulate rent and decontrol units. Currently, rent control is debunked and only those who inherited their rent controlled apartment from a family member are eligible to continue living in a rent controlled unit.

It is worth noting that rent controlled units can only be passed down within a family, from one tenant to another when the existing tenant either moves and vacates the unit or passes away. Additionally, in order for a family member to inherit the rent controlled apartment, they must have been living in the apartment with the previous tenant for the two years prior to the previous tenant’s death or vacancy of the property.

Currently, the number of rent controlled units in the city account for approximately 38,000 units, according to the New York City Rent Guidelines Board. These units are largely occupied by elderly individuals, a low income population who have been occupying the units since 1971, either by themselves or their lawful successors.

Rent Stabilization

A rent stabilized apartment can be found in buildings that were constructed prior to 1974, and consist of more than 3 units. These apartments generally rent for less than $2,700 a month. In addition to the lower rent, rent stabilized apartments also limit how much a landlord can increase rent on an apartment each year, and gives you a guaranteed right to renew your lease. When searching for a New York City apartment, keep in mind that not all rent stabilized apartments will advertise that it is a rent stabilized unit. While it might not be listed, it is often possible to tell based off the price and the age of the building.

If you are fortunate enough to find a rent stabilized apartment, be sure that it is stated as such in your rental lease agreement. You should be given the option to sign either a one or two-year lease. Generally, the landlord will also provide you with a rider to the lease as well. A rider is an amendment to the lease that states a financial concession to the rent, to cover the discrepancy between the ostensible market value and the rent being charged. This amount plus the monthly rent payment will be used to calculate the 4 percent increase your landlord can issue the following year, provided that they do minor renovations to the individual unit or the building as a whole.

If you feel as though you are being evicted for baseless reasons, or that your landlord is unfairly raising your rent, contact a landlord tenant lawyer NYC today. Warren S. Dank, ESQ., P.C. offers representation pertaining to accommodation charges, home maintenance costs, lease violations, the overcharging of rent and more. Contact us today to learn how we can help you with your landlord tenant disputes.

Why Do You Need to Hire a Construction Attorney?

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Chances are if you regularly work in the construction industry, you’ve heard of a construction attorney. But do you know what they do exactly? There are a lot of hazards and restrictions that are associated with working construction that you’ll need to be aware of. A construction attorney NYC can help you navigate employment law, government contracts, and construction defects. An attorney will also be able to draw up contracts that protect you and ensure that you are following all guidelines. They will also be able to effectively represent you in court if needed.

When do you need a construction attorney?

There are several instances in which it will be in your best interest to have a construction attorney. These instances include:

  • Needing a new permit
  • Needing to create a new legal document, especially a contract
  • Needing to hold a town hearing
  • Are having a dispute with employee/employer
  • Needing to file a lawsuit or have a lawsuit filed against you
  • Worried about an environmental regulation
  • Starting a new project, and needing to be sure that you are following all local and federal building regulations

If you have any questions or concerns about the process, having an attorney who can explain the process and put your concerns to rest can prove to be very beneficial.

What to expect when working with a construction attorney.

When working with a construction attorney, the outcome will be determined by what it is exactly that you have hired an attorney to do for you. If you have hired a construction attorney NYC to draft up a document or contract, or are receiving legal advice on regulations, you can expect your attorney to provide you with confidence that your business transaction is legal, and you fully understand what is expected of you. If your case goes to trial, having a construction attorney representing you, doesn’t mean that you will automatically win your case. Although, having an attorney to represent you will provide you with the benefit of their expert knowledge about the law and court procedures.

If you are looking for a construction attorney in NYC, contact Warren S. Dank, ESQ., P.C. With years of experience in representing various aspects of construction law. Warren S. Dank knows NYC construction law and can provide you with the knowledge and expertise to ensure that you are accurately represented.

Those looking to resolve construction related legal disputes in Melbourne, Australia, may want to consider the services of Boutique Lawyers.

Do I Need a Franchise Lawyer?

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Individuals elect to buy into a NYC franchise for various reasons, such as being a business owner, having support from a franchisor, and filling the desire of an entrepreneurial spirit. These individuals are dedicated to putting in the time and money to ensure that their newly acquired franchise business succeeds. Add on the additional stress and time demands of reviewing contracts and legal analysis, and some business owners might not be able to handle it all. Unfortunately, the dream of owning and operating your own franchise isn’t easily achieved, but it is possible with the help of an experienced franchise lawyer NYC.

What do franchise attorneys do?

A prospective new franchise owner will receive Franchise Disclosure Documents (FDD) from the franchise. These documents contain 23 informational items that outline the offered program agreement and whether it is a proven successful or untested and risky. Additional information that will be contained within the FDD will include:

  • The level of experience that the franchisor and its officers, directors, and executives.
  • The level of obligations that the franchise company will have to you and your business after you’ve opened.
  • Initial fees, and any reoccurring fees (such as royalties and advertising) that you’ll be required to pay.
  • Are there any financing arrangements that are provided?
  • A complete description of all startup costs incurred in the initial investment prior to and after opening your franchise.
  • Rights and restrictions regarding renewal, termination, transfer, and dispute resolution.

A franchise attorney, who is accustomed to seeing FDD’s, will be able to evaluate the disclosures made in your FDD, along with the terms of your franchise agreement before you sign any documents.

It is not uncommon for franchise agreements to favor the franchisor. Some agreements are extremely one-sided, favoring one party. When this is the case, the franchisors may be willing to negotiate certain terms, especially if they do not threaten or endanger their trademark. These should be negotiated by a franchise lawyer NYC.

Having a franchise attorney to protect your own interest is recommended, not only during the initial phases, but after all the contracts have been signed and you’ve opened your business. Franchise owners that do not retain their own legal representation are often hesitant to resolve issues with the franchisor. Because of their hesitancy to address issues as they come up, problems may persist, or worsen. Failure to act on problems as they arise, will eventually lead to loosing leverage against the franchisor, either as a result of contractual limitation periods or state statute of limitations.

Don’t fall into the trap of taking legal advice from the franchisor’s legal representation. They have their client’s best interest at heart, not yours. Hire your own attorney to protect your rights and ensure that you are being accurately represented. The office of Warren S. Dank, ESQ., P.C. has experience in effectively negotiating FDD’s to protect and represent their clients. If you are thinking about purchasing a franchise in NYC, don’t sign anything until you have talked to Warren S. Dank, ESQ., P.C.!

What You Need to Know Regarding Rental Agreements and Written Leases

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When researching for a new place to live, it is not uncommon to encounter various terms regarding real estate to rent. Landlords writing up contracts for their properties, would be well advised to consult with real estate lawyers NYC, to ensure that they are going to be protected and negotiating the correct contract. Two of the most common terms that most people do not understand, or know the difference, when it comes to real estate terms are: a rental agreement and a lease.

Rental Agreement vs. Written Lease

So, what is the difference? What does each one mean? A rental agreement provides for a tenant to rent a property on a short-term basis (generally 30 days). This agreement automatically renews month to month, until either party gives written notice to cancel the agreement. This type of rental agreement allows for the landlord to make changes to the terms agreed to initially with the proper written warning given to the tenant. Landlord could promote tenants to get something like https://www.insurancequotes.com/home/renters-insurance to help protect them should anything go wrong.

On the other hand, a written lease is giving the tenant the right to occupy a property for an extended, set period of time. Generally, written lease agreements are for 12 months, but are sometimes shorter or longer. A written lease protects the tenant from rent increases and other changes in their terms agreed to during the duration of the agreement without consent from both parties.

One of the big difference, aside from the length of the agreement, between the two types of agreements is that a written lease does not automatically renew when it expires like a rental agreement does. Tenants who wish to continue occupying the premise after the lease agreement has expired will transition to a month-to-month agreement, subject to the same conditions and terms that were listed in the initial lease agreement.

Rent Control Laws

New York is one of five states that has communities with laws restricting how much landlords can charge tenants for rent. These laws, also known as rent stabilization or maximum rent regulation, limit the circumstances and the times that a landlord may increase the rent. Many of these laws also require that landlords have a legal or just cause (good reason) to evict or terminate a tenancy. Examples of just cause include, tenant’s failure to pay rent, or evicting a tenant so that a family member of the landlord can occupy the space.

What to Include in Written Lease and Rental Agreements

Trusting your lease or rental agreement to a generic agreement that is available from the local office supply store, can be risky for everyone involved. Often times, these generic agreements are full of legal jargon that is hard to understand, contains clauses that are out of date, or are not in compliance with your local and state laws.

Either agreement is an important document that outlines important issues and information for both parties. Each type of agreement should contain the following:

  • The length of tenancy
  • Security Deposit and Monthly Rent, including due dates
  • Number of occupants allowed to reside on the property
  • Pet policy
  • Landlords access to the property
  • Who covers attorney fees in the event of a lawsuit regarding the rental or lease agreement

Rental agreements and written leases should always be done in writing, so as to mitigate any disputes over oral agreements, regarding who said what to who and when. For landlords who are new to the New York real estate market, consulting with real estate lawyers NYC to draft an agreement can prove to be very beneficial. Warren S. Dank, Esq., P.C., has been helping landlords write up rental and lease agreements regarding New York real estate and protecting the rights of landlords and tenants alike. Contact the office of Warren S. Dank today, and get a rental contract that works for you!

Four Reasons Why You Need to Hire a Franchise Attorney NYC

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For those who are considering purchasing and owning a NYC franchise, there are a few things that need to be considered before signing on the dotted line. It is important to do your research to ensure that you know what exactly it is that you will be getting yourself into. If possible, talk to several current franchisees to get some of your burning questions answered. Have a business plan drawn up. Possibly visit, franchise headquarters. Once you’ve done your research and feel confident in making the leap into franchisee ownership, you’re almost there. You’ll have one more thing left to do, and it has to do with the legal aspect of owning a franchise.

You need to do everything within your power to protect yourself legally, and the only way to do that is to hire a franchise lawyer NYC. Here are four reasons, why hiring a franchise attorney will prove to be in your best interest.

1. They know what is important

By law, all prospective franchise owners are required to receive the Franchise Disclosure Document (FDD) prior to making the purchase. This document is generally 150-200 pages, and covers everything that the Federal Trade Commission (FTC) has determined that a prospective franchise owner will need to know about the franchise. It is vital to be intimately aware of everything that is contained within the FDD. Within the FDD you find certain restrictions and obligations that you’ll be required to abide by as part of a franchise, otherwise you could be terminated.

Franchise attorneys have specialized in franchise law and know what specifically to look for in the FDD and the actual franchise contract. Your attorney will know what to specifically look for in the FDD when reviewing prior to having you sign any document. Attorneys are also keeping up on the ever-changing laws regarding franchises that are specific to your state.

2.  Advise you on a Business Entity

Should you establish your newly acquired franchise as an LLC? An S-Corp? Or a C-Corp? A competent franchise attorney will be able to offer useful suggestions when making this crucial decision. The entity that you choose will ultimately determine your legal rights and liabilities as the franchise owner, and will also determine how your business is taxed.

3. Help if things don’t go according to plan.

No one purchases a franchise and expects it to not be successful. But what happens if the unfortunate happens after you purchase and opened your franchise?  There are a lot of factors that go into making a franchise successful, such as, how fast you can turn a profit, the location and so on. In the event that you find yourself in a situation where you are having to close your franchise, you’ll once again need the expertise of a franchise attorney.

4. Franchise Development Tells You that You Don’t Need an Attorney.

When a franchise development director tells you that you don’t need to hire a franchise attorney, and you’d be better off not wasting your money, he’d be lying. The real reason that a development director would make the claim that you don’t need an attorney, is that they want you to sign the franchise agreement. Salesmen are trained to get documents signed and in the case of a franchise agreement, they are trained to get a lengthy, wordy document, that is difficult for the average person to understand.

Warren S. Dank, ESQ., P.C. is a franchise lawyer NYC who has years of experience in helping franchise owners negotiate the world of FDD’s and protecting themselves. If you are thinking about purchasing a NYC franchise, give Warren S. Dank a call and hire the best franchise attorney in New York to protect yourself and your investment!

Construction Attorney NYC: All You Need To Know

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During the construction process, there are a lot of components that go into bringing the project to completion. There are multiple contractors, sub-contractors, suppliers, owners, designers, architects, and more that can make the process possible. When you have so many individuals involved in a single project, there are increased chances for needing the expertise of a construction attorney NYC.

One of the benefits of having a construction lawyer is that they have an expert understanding of both the construction process and construction law. An attorney who practices construction law knows and understands all stages, tasks, and machinery, among other small details that make up a construction site.

What does a construction attorney cover?

In order for an attorney to provide specialized services, they must have a comprehensive knowledge of planning, execution, and completion of a construction project. Some of the major areas that a construction attorney covers are:

  • Arbitration
  • Construction Liens
  • Construction Claims
  • Drafting Construction Contracts
  • Delays
  • Bankruptcy
  • Building Permits
  • Davis-Bacon Act, Wage Requirements
  • Environmental Matters in Construction Law
  • Fulfilling Regulations For Non-Discrimination
  • Insurance Issues
  • Labor Issues
  • Licensing Construction Professionals
  • Negotiating Construction Contracts
  • OSHA

How can a construction lawyer help contractors?

Contracts

When any company or owner hires a construction company for services, they are entering into a binding contract with the contractor. A lawyer can help to ensure that the contract is legally sound, grounded in reasonable expectations, and that it accounts for proper notice requirements and jobsite conditions. Lawyers can provide revisions to existing contracts to protect the contractor.

Payments

A construction attorney ensures that the contractor receives full compensation as promised in the written contract between parties. The full compensation paid to the contractor will cover a multitude of associated cost, including labor, equipment, and materials. For any unpaid amount, a construction attorney can help a contractor take civil action to recover any outstanding balance. They can also help to file mechanics liens and claims against a payment bond for both private and public construction projects. For those contractors who have a claim for payment filed against them, an attorney will be able to defend them.

Who needs a construction lawyer?

For anyone who is involved in a public, private, or federal construction project, you can benefit from having a construction attorney on retainer. Having an attorney on retainer will not only protect and represent you in any legal conflicts that may arise during the course of the project, but they can also help to keep you on track with budgets, timelines, and following codes. Lawyers can help to ensure that the jobsite runs at peak efficiency, and is a safe environment for all who are working on the project. A construction attorney will become a key part of your construction team, while becoming familiar with the job site, people, machinery, and contracts all pertaining to the project. A construction attorney will get to know you and your employees, and will know how to protect and defend you, while saving you valuable time, money, and stress.

Who can benefit from having a construction lawyer on retainer?

If you are unsure about whether you need a lawyer to help you with a construction project or not, there are a few instances where having a construction lawyer will prove to be beneficial.

  • Needing a permit
  • Having concerns over environmental regulations
  • Hosting a town meeting
  • Needing to follow local, state, or federal regulations
  • Needing to draft a contract
  • Needing to revise a contract
  • Being in the process of planning, fulfilling, or completing a project
  • Needing legal documents to support project
  • Having concerns about possible lawsuits (filing for them, or having them filed against you)
  • Having disputes between you and your employer
  • Having disputes between you and an employee

If you ever find yourself in a situation where you are needing the best construction attorney NYC has, Warren S. Dank, Esq., P.C. is the attorney for you! At Warren S. Dank. Esq., P.C. we have years of experience in negotiating NYC construction laws. We will have your best interest in mind through the whole process, ensuring that you will be accurately represented throughout your entire project, from start to finish. With Warren S. Dank Esq., P.C. and team on your side, you’ve never been in better hands. Contact us today!

Tenants’ Rights: When to Hire a Landlord Tenant Lawyer NYC

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As a housing tenant, the issues that you will face when renting are minor, and can easily be solved through a video tutorial, or reading a quick “how-to” article found online. Other issues that may arise can seriously threaten your ability to continue renting, or impact your enjoyment of your current rental altogether. With these types of situations, hiring a landlord tenant lawyer may be the most effective method to protect your rights as a tenant.

We’ve outlined a guide below to help you determine when you need to hire a landlord tenant lawyer NYC, and what they can do for you.

Eviction

When your landlord presents you with an eviction notice that you intend to fight, having a lawyer on your side can increase your chances of winning your case. Hire a lawyer that is knowledgeable about landlord-tenant laws, and has experience in fighting eviction cases. Lawyers who have previous experience in fighting eviction cases will have effective strategies and creative solutions for presenting your case in court. This will increase your chances of winning your case, and, more importantly, being able to keep living in your rental.

Eviction Without Following Proper Procedures

As with all legal process, there are specific procedures and documentation that landlords must adhere to when evicting tenants. The specific procedures and documentation required are established by state and local law. If your landlord tries to evict you without going through the proper process, or tries to take matters into their own hands, you need to hire an attorney to protect your rights. The idea of “taking matters into your own hands”, when it comes to the eviction process, is highly illegal. No matter how strong of a case a landlord might think they have, they still do not have the legal right to threaten you, or to take any drastic actions against you as a tenant.

Discrimination

If you believe that your landlord is discriminating against you based on gender, race, etc., you need to hire a lawyer to stop this illegal act, and to recover any damages that you may have accrued as a result. If you believe that you have been discriminated against, you have two options which you can pursue.

First, you can hire an attorney and sue your landlord for discrimination in court.

Second, you can file a complaint with the Department of Housing and Urban Development (HUD), or a state or local agency in HUD’s Fair Housing Assistance Program (FHAP). After investigating your claim, if HUD finds reasonable cause, you’ll receive a HUD lawyer to represent you in court, free of charge. If a judge finds your claim to be true, you could be awarded compensation and attorney fees, impose penalties again the landlord, and order other forms of relief to be paid by the landlord.

Neglecting Necessary Repairs

If your landlord isn’t fulfilling the responsibilities listed in your lease, and adhering to local and state laws pertaining to landlord obligations, a lawyer may be necessary. Examples of obligations that landlords are required to maintain for tenants include heating system repairs, replacing broken locks, and repairing windows. If one of these instances occur, you may decide to implement one of your state’s tenant remedies on your own. Before solving the problem by yourself, consult a lawyer to learn what your best move will be. A lawyer will be able to communicate with the landlord, exploring the possibility of a quick settlement, or ultimately taking your landlord to court if necessary.

Failure to Fulfill Promises

When signing your lease, your landlord could potentially make promises to encourage renting. For example, if an applicant is concerned about security in the neighborhood, a landlord may promise to install new locks on the doors, or update security systems. If an applicant is concerned with parking security, a landlord may promise to hire a security company to patrol the parking lot every day. After moving in, if the landlord refuses to keep the promises made, you should consider hiring an attorney to write a letter threatening a lawsuit unless the landlord complies with the promises originally made

Property Damage Due to Neglectful Maintenance

Sometimes, when a landlord attempts to do all maintenance and repairs themselves, they aren’t always sure what they are doing or how to do it correctly. Faulty wiring could result in an electrical fire, damaging your furniture and other personal belongings. If you have renter’s insurance, your insurance company will cover the loss, and their attorneys will then go after your landlord for reimbursement. What happens if you have inadequate insurance coverage, or no insurance at all? Consider hiring an attorney to help you obtain reimbursement for damage from your landlord.

Hire a Landlord Tenant Attorney

If you find yourself in a situation where you are needing to hire a landlord tenant lawyer NYC, Warren S. Dank, ESQ., P.C. is the law firm for you. With years of experience in protecting tenants’ rights, we know how to get you the justice you deserve, without giving in to illegal landlord demands. Trust Warren S. Dank, ESQ., P.C. to have your best interest in mind when going to battle against a neglectful landlord. Ensure that your rights are protected, and that your best interest and quality of living are put first! Contact the law firm of Warren S. Dank, ESQ., P.C. today to learn how we can help you with your landlord tenant case in NYC.

Why You need a NYC Real Estate Attorney

NYC Real Estate Attorney

Purchasing real estate is one of the largest financial investments that you can make. Whether it be a home for you and your family to live in or you’re a real estate investor looking to purchase rental property in New York City, having an experienced NYC real estate attorney to help you through the purchase process may prove to be very beneficial. By having someone on your side who knows what to do in any situation relating to real estate will definitely work in your favour. In an industry like real estate, they’ll understandably be questions like how to sell a promissory note that I’m sure you would like the know the answer to. But with a little research and asking the right questions, you’ll at least come to terms with the basics of real estate. Many individuals who are looking to purchase real estate often find themselves asking: “Do I need to hire an attorney”? The simple answer is, it does not hurt to have a conversation with an attorney so if the need does arise your attorney will already be up to speed and ready to help.

Even if you think your transaction is a simple one of purchasing the property, where you and the seller both have a real estate agent working for you and help you to find the perfect home from somewhere like these summerville, sc real estate listings as well as elsewhere. Your agent will have your best interest in mind, but having an attorney can protect you and your interest by looking at things from a legal perspective. In most cases, you won’t need to have your attorney step up to bat for you, but there are a few unique situations where having an attorney ready to go will help to protect your best interests.

For Sale by Owner

Most home owners opt to sell their home themselves rather than having to pay for a real estate agent to do it for them. While this might be an attractive alternative, there are some potential risk involved that you might not be aware of. If you decide to sell your home For Sale by Owner (FSBO), it is advisable that you contact a reputable real estate attorney prior to placing your home on the market. A real estate attorney will be able to review any purchase offers that come in from potential buyers. While this may seem like a simple document to review yourself, usually offering a specific amount of money to purchase the home, but once signed by both the buyer and seller it becomes a legally binding contract.

Failure to include crucial details or language into a FSBO purchase offer can be setting yourself up for significant failure. Important details that need to be included in a purchase offer include: home inspections, and appraisal requirements. A licensed real estate agent will have all the contingencies included in their board approved paper work, where as a homeowner trying to replicate one to save money and not advised by real estate agents or attorneys could potentially be missing this vital information from the purchase agreement.

Purchasing real estate has many legal ramification associated with it. If your documents are not written in the required language that is required by local laws you could potentially find yourself in an unpleasant situation. When creating a purchase offer without consulting a real estate attorney, most sellers miss crucial language that could result in finding yourself in a contract to purchase a property that you have discovered has serious issues. At this point, you have two options, continue with the purchase or don’t close the deal. By opting to not close on the deal, the seller could sue you for breach of contract. By sitting down with a reputable New York real estate attorney beforehand, your attorney can draw up a properly prepared purchase offer that protects you in the event that there is something wrong with the property or with the purchase process.

Divorce

Another instance when having a real estate attorney is advised is when real estate owners are going through a divorce. While divorce may or may not be a complicated process, when real estate is involved it gets really complicated. If there is equity in the property, or if both spouses are on the mortgage there is a greater need to have a real estate attorney to assist in the process and represent each spouse’s best interest. It is recommended that each spouse has their own legal representation to ensure that their interest and needs are adequately protected throughout the process. Having a real estate attorney by your side throughout the proceedings can help you to rest easier knowing that someone who has your best interest in mind is looking out for you.

Post-Sale Problems

After purchasing real estate, you’re likely to discover the little quirks and problems that each property has. While some of these issues are easily handled, and are considered to be routine problems associated with ownership; other problems are more serious and should have been disclosed during the purchasing of the property. Failure to disclose known problems to the new owners, may be grounds for a lawsuit.

In order for there to be a lawsuit, the facts and circumstances surrounding the undisclosed information regarding the property problems will need to be explored to determine if there is a legal liability on the sellers’ behalf. This applies to issues with the property that the buyer could not know about, and would not be able to learn of at the time of the purchase. Therefore, the seller has an obligation to disclose any information that they have, if they know about the issue, to the buyer. Failure to disclose information that can impact the value of the property means that the buyer can sue the seller.

Information that should be disclosed to potential buyers includes; mold contamination, water damage issues, foundation ad structural issues, roof issues, and more. For major problems the seller has an obligation to disclose this information to potential buyers, choosing not to disclose this information may leave the seller liable for lack of disclosure. If taken to court, a judge may order punitive damages be paid by the seller for their failure to disclose information. Worst case scenario, a court could undo the purchase transaction and force the seller to take back possession of the property and return all money from the sell back to the buyers.

Commercial Real Estate Transactions

Commercial real estate transactions include selling, buying, or leasing of commercial space. The protections afforded sellers, buyers, and tenants of commercial real estate are significantly less compared to those of residential real estate. When dealing with commercial real estate transactions it is advised to have a real estate attorney review leases or purchase agreements prior to signing. This can help to ensure that you are not unknowingly becoming responsible for more than you initially thought, or unknowingly giving up rights.

Establishing a relationship with a real estate attorney prior to finding yourself in a situation where one is needed is crucial. This pre-established relationship ensures that when the need for a quick legal review due to tight time frames arises your attorney will already be familiar with the you and your needs. This allows for your attorney to be able to provide you with valuable input and advice quickly to meet the established time frame. Whereas, if you wait to hire a real estate attorney until you need one, you won’t be guaranteed the preferential treatment that established clients receive, therefore, risk not meeting the deadline due to an attorney not being familiar with the client or transaction.

Purchasing or selling real estate involves large sums of money, which is why it is a good practice to involve and discuss your plans with a reputable real estate attorney prior to entering a purchase agreement. By establishing a relationship with a real estate attorney before the need arises can ensure that your attorney knows your goals and can step in at a moment’s notice. The law firm of Warren S. Dank, ESQ., P.C. are experienced NYC real estate attorneys who are committed to helping each of our clients have a successful experience with the transition of real estate. Whether you are looking to buy, sell, or lease real estate in New York City, consider Warren S. Dank, ESQ., P.C. to help you navigate every step of the process. Contact the law firm of Warren S. Dank, ESQ., P.C. today to learn how we can help you have a successful real estate transaction, without the stress and worry of doing it yourself.

The Importance of the Franchise Disclosure Agreement from a Long Island Franchise Attorney

The bedrock of any franchise is the FDD or franchise disclosure agreement. This agreement is a 150 to 200 page document in which every detail and stipulation concerning owning a franchise is set forth. In addition to standard rules laid down by the state governing body, there are federal regulations set in place by the Federal Trade Commission or FTC. Then comes the key legal document from your chosen franchiser that you sign. These are complex documents with a knack for burying information that can come back to haunt the franchise owner. If not properly vetted through an experienced professional, you are risking serious financial losses and hardships.

The trust you have in your parent company and its sales reps should only go so far. If you ask a Long Island franchise lawyer, they will tell you that the number of people who fail to read their contracts is astounding. It would seem logical that someone who is prepared to invest hundreds of thousands of dollars in something as significant as a franchise would read their contract. But, surprisingly, this just isn’t the case.

The technical elements of this document are of significant importance, and admitting that you do not have the legal expertise to understand it all is an important first step to take. Franchise attorneys have most likely written multiple documents similar to the ones you are presenting to them. They can and will help educate you on the key provisions you are about to legally bind yourself to. Even if there are no hidden clauses or surprise fees, having a clear understanding of how your parent organization legally requires you to run your business is of vital importance to your success.

In 2009, Mr. Hailemariam’s franchise ran into financial difficulties, and he was forced to close down. In light of this, he filed a case against Big O Tires in the state of California, alleging that the franchiser fraudulently misled him into purchasing his franchise. He stated that Big O Tires falsely told him that he did not need experience to operate a tire store; provided exaggerated earnings claims; concealed failing franchises from him; and told him they would sell him tires at a competitive rate, when, in reality, tires could be purchased at lower prices.

In total there were six grievances, and the court sided with Big O Tires on all of them after their lawyers were able to highlight explanations to each of Mr. Hailemariam’s grievances within his franchise contract. The court took particular notice of the fact that Mr. Hailemariam had taken considerable time to negotiate the terms of his franchise with Big O Tires in which he utilized legal counsel. In all that time he had still not read the franchise contract itself. Considerable weight was given to an integration clause in the franchise agreement which stated that “[he] was not relying on any promises of Big O which [were] not contained in the Big O franchise agreement . . . [or the] accompanying Franchise Offering Circular.”

Every franchise owner who has had a disagreement with their franchiser will tell you that understanding the legal documents you sign your name to is of absolute importance. Warren S. Dank, in addition to being a New York construction attorney and a New York real estate attorney, has years of experience helping people avoid the hazards of franchise ownership in Long Island. His expertise and services allow people to make confident investments in their business by understanding exactly what their relationship is with their franchiser. It is peace of mind and good business that allows his clients to avoid dangerous hazards. For investments as significant as a franchise, his services should be considered vital.