Frequently Asked Questions

FAQ’s

Franchise/Real Estate

Do I need an attorney when I purchase a house?

No, you don’t need an attorney, but it is advised that you have an attorney to protect you and your investment. In NYC it is customary that both the buyer and the seller have a real estate attorney that can assist with the real estate closing process. During the closing process, the deed, transfer documents, and final mortgage documents are signed, giving the buyer the legal title to the property. Because this process can be complex and often times, time consuming, it is advised to have a real estate attorney to help navigate you through the process.

What is the difference between “direct” and “sublet” office space?

A direct lease is when a business signs a lease agreement for a space, directly with the landlord, or landlord’s company. After signing a lease, if a business needs to relocate for any reason, they may be able to sublease their space to another business. Before signing a contract to direct lease, a space, ensure that you have the right to sublease the space if necessary. The new lease will be signed by the original tenant and the new tenant; often times with the approval and consent from the landlord.

When should I speak to a franchise lawyer?

Business owners who are interested in franchising, should speak to a franchise lawyer before signing any documents. Some of the most common instances where it is advised to speak to a franchise lawyer include:

  • Purchasing a franchise– a franchise lawyer reviews the franchise disclosure documents provided by the franchisor. If necessary, a franchise lawyer can propose changes to the agreement, prior to signing and purchasing a franchise.
  • Franchising a business– a franchise lawyer will work with your current system and help to establish a franchise model. With a model in place, a lawyer can then create all the necessary documents to sell your franchise on both a federal and state level to other business entrepreneurs.

 

Commercial/Civil Litigation

What is civil and commercial litigation?

Civil litigation is a legal dispute between two or more individuals that are seeking money for damages or specific performance rather than criminal sanctions. Commercial litigation is a dispute between different businesses. Most civil and commercial litigation claims include, creditor claims or rights, judgement enforcement, and other money disputes between parties.

What should I do if I get sued?

If you are being sued, seek out legal representation to protect yourself immediately. There are strict timelines that must be adhered to, therefore, it is imperative to hire regal representation as soon as you are served with papers.

What happens if I ignore a lawsuit that has been filed against me?

There could potentially be significant financial repercussions if you fail to act on a lawsuit that has been filed against you. Chances are you’ll have a default judgement filed against you that will include the amount that was initially sought after in the initial complaint, interest accrued, cost, and in some cases legal fees as well. With a judgement against you, the creditor can then seek to have your bank account restrained, garnishing wages, placing a lien on your home or other property, etc.

 

Construction Litigation FAQs

What is the best method for resolving my construction contract dispute?

Each case will come with their own unique set of claims and facts that will help in determining the best course of action to resolve the dispute. Other facts that will be considered, include your ultimate end goal, your budget, and any time constraints, the ability to continue work during the resolution, and any risk factors involved. After reviewing all of the factors involved in your specific case, our team of dedicated professionals will be able to provide you with options, and assist you in coming to an agreeable resolution.

What is a construction defect?

A construction defect is a problem in the design, materials, or construction of a building. Construction defects can occur on virtually any aspect of a structure.

What if my contractor denies that there is a defect?

Do not attempt to deal with your contractor by yourself.  Chances are they will have their own legal representation, advising them on how to avoid liability and leave you hanging. Protect yourself by hiring a knowledgeable, experienced NYC attorney who has experience in construction defect litigation. A knowledgeable attorney can help you receive compensation for the repairs, or get the defect repaired.

 

 

Landlord Tenant FAQs

What can a landlord do if a tenant stops paying rent?

In the event that a tenant stops paying the required rent, a landlord can start a nonpayment case. Before filing the case in court, the landlord is required to make a demand for rent from the tenant.

How much time does it take to evict a tenant?

Depending on the legal representation that the tenant has, and if a judge allows delays filed by the tenant; the eviction process could take anywhere from six to nine months before it is completed, and a judgement is made.

What is rent stabilization?

Rent stabilization is a system that was enacted in 1969 to protect tenants against sharp rent increases. Rent stabilization also gives tenants the right to renew their leases.