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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11783
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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In Dec. 2001, I purchased what I thought was a 3 family house

Customer Question

In Dec. 2001, I purchased what I thought was a 3 family house from a one-stop shop agency (RE broker, financing, attorney), but was promised I would receive a new C of O for a 2 family. I never did and in 2004 I contacted the attorney who represented me. He sent me "proof" of 3 family status and recommended I keep it as such and added that the sellers were not going to do anything. I have been trying to sell the house and discovered a couple of months ago that the house is actually SRO. My deal fell apart and few banks want to finance a rooming house and offers have been lower. Two new attorneys have told me that the statute of limitations has expired. I do not believe this is the case as I just discovered the fraud. What are my options? Thank you
Submitted: 3 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 3 years ago.
Hi, Welcome to JustAnswer

My name is XXXXX XXXXX I would be glad to help you


Q. What type of "proof" did your attorney give you that it was a legal 3-Family house ?

Q. What Statute of Limitations are you referring to ? Against the lawyer, anybody else ? These are different, depending on which party you are referring to ?


Thank you
Customer: replied 3 years ago.

The "proof" included a certificate of occupancy from a tax and municipal services company noting an abstract company noted class B multiple dwewlling status in 1938.

The next line states: Building Class - "CO" (Three Apartments)

There is also a Barretta Research sheet from 1968 indicating a two family CO designation was applied for. No actual plans were found per this document.

The attorney's letter was adamant that this constituted proof.

The statute of limitations refers to both the attorney and the seller (United Homes).

(I don't see "Accept")

Expert:  Andrea, Esq. replied 3 years ago.
You will not see an "Accept" button until I provide you with an Answer.

I still need a little more information from you

Q. Did you buy title insurance when you bought the property ?

Q. If so, what type of property was your property insured as under your title insurance company ?


Thank you
Customer: replied 3 years ago.

Yes I did purchase title insurance via First American Title Insurance Company of New York.

Type of property is not indicated. Schedule A notes land, buildings and improvements, then lot dimensions. The land is given as the street address.

Expert:  Andrea, Esq. replied 3 years ago.

The attorneys on JustAnswer are glad to answer questions and give information, but JustAnswer is not a law firm, so we cannot take on client representation and no attorney-client relationship is formed.

 


Please keep in mind that the law does not always support our position and although I may not agree with the law, I do not write the law and, therefore, cannot control the outcome, So, please remember that does lessen the time and effort I devoted to researching your question and providing you with an Answer,

 

The Answer I am providing is information only and does not constitute the practice of law in jurisdictions where I am not licensed to practice. This is a public forum on the internet, so I caution you not to include any personal identifying information



ANSWER


The Statute of Limitations has expired for suing your lawyer for legal malpractice in assuring you that it was a legal 3 family house, and for suing the seller.

However, if your lawyer furnished you with a legal document issued by a governmental agency that it is a legal 3-family house, then the municipality cannot come after you for anything, nor deny you the issuance of any document necessary for you to sell the property, if that is what you want to do.

You can also put in a claim with your title insurance company. I do not have the policy in front of me so I cannot say anything definite about whether this claim would be covered or not. However, I can say that you should put in a claim now because if you delay, they can deny on the basis of your delay in filing the claim with them

 

 

 

Please be kind enough to press "ACCEPT", otherwise I do not get paid anything at all

 

BONUS and POSITIVE FEEDBACK are appreciated
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11783
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
After reading up on NYS statute of limitations, why do I not have two years 9starting two months ago) to file a claim for fraud (against lawyer and seller) as I just discovered the fraud two months ago? Wouldn't this be timely?
Expert:  Andrea, Esq. replied 3 years ago.

If someone is suing for fraud, the Statute of Limitations begins to run from "the discovery of the fraud, or when a reasonable man would have discovered the fraud by reasonable investigation"

I realize that the rule is not clear cut, black and white, but it gives the party enough room to submit evidence as to why the fraud could not be discovered sooner, then it would be up t the Judge to decide the "reasonableness of a party's investigation to find the fraud"

Customer: replied 3 years ago.
Thank you for your assistance It is greatly appreciated. One more question: Do I have recourse with the bar against the attorney?
Expert:  Andrea, Esq. replied 3 years ago.

You can report the attorney to the New York State Attorney Disciplinary Board, but remember, you still must overcome the Statute of Limitations by saying you could not possibly have discovered the fraud before now. Here is the link:


http://www.courts.state.ny.us/ip/attorneygrievance/complaints.shtml

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11783
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 8 other Legal Specialists are ready to help you
Expert:  Andrea, Esq. replied 3 years ago.

Thank you for accepting my Answer, I greatly appreciate it. But what I appreciate the most is the confidence you placed in me by allowing me to help you,

 

If you need further help, please feel free to ask for me by typing my name at the beginning of your question, like this

 

"Andrea, I would like to.........." and the question will be directed to me

 

 

 

 

Thank you again for the opportunity to help you

 

Expert:  Andrea, Esq. replied 3 years ago.

Thank you for accepting my Answer, the Bonus you gave me, and your kind words in Feedback, I greatly appreciate it. But what I appreciate the most is the confidence you placed in me by allowing me to help you,

 

If you need further help, please feel free to ask for me by typing my name at the beginning of your question, like this

 

"Andrea, I would like to.........." and the question will be directed to me

 

 

 

 

Thank you again for the opportunity to help you

 

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