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Whether you are purchasing, selling or financing residential or commercial property, real estate transactions are anything but simple affairs. To help minimize the stress and the financial risk, it is crucial you are represented by an attorney who understands the lending process from all perspectives and can advise you through the closing process. Our real estate attorneys can provide comprehensive representation for private real estate owners, real estate developers, and banks and other institutional lenders in their real estate transactions.

We are able to handle real estate law matters including:

Residential Purchases and Sales

Tully Rinckey PLLC can help people buying a new home or selling their current residence. We will assist in reviewing contracts for you, guide you through the entire transaction, including the actual closing, ensuring everything is in order and your investment is being protected.

Commercial Purchases and Sales

The sale or purchase of the building that houses your business is one that requires the assistance of an experienced attorney. At Tully Rinckey PLLC, you will have a knowledgeable attorney on your side ensuring the transaction proceeds smoothly.

Mixed-Use

The practice of allowing more than one type of use in a building or set of buildings is known as mixed-use development. This can mean that there is a combination of residential, commercial, institutional, or other land uses in the same development. At Tully Rinckey PLLC, we recognize the unique issues that arise in this area and are capable of guiding clients throughout the entire process.

Lender/Bank Closing

The real estate closing occurs when both parties come together to finalize the property transaction. In this exciting process, Tully Rinckey PLLC is prepared to represent either the borrower or the lender. We will review and explain documents involved and make sure your interests are fully protected when the deal is finalized.

Zoning

Have the perfect site in mind for a project? Our attorneys can assist you in the preparation of zoning and building applications. In the event that a municipality rejects the application because of ordinance noncompliance concerns, we can prepare documentation for a variance or permit and represent you before a zoning board of appeals at public hearings. In the appeal process, we can provide legal services for area variance, use variance, legal nonconforming use, special permit use and parking lot permits. We are able to assist you with any type of property – residential, rural agricultural, commercial, industrial, marine, wetlands, mixed-use, and open space.

Adverse Possession

Adverse possession disputes arise when one party, usually a neighbor, claims ownership of property in border areas he or she has maintained or used for several years. For all parties, an adverse possession complaint can be unsettling because it threatens to enhance or diminish the value of a real estate investment and disrupt how owners and neighbors use or access the property in question. Whether your adverse possession case involves a border fence, a driveway, or a storage area, our attorneys will aggressively fight to protect your property rights.

Title Disputes

Every home has its surprises. For some homeowners the most disturbing surprises are when problems relating to the title of their home emerge. Whether a title dispute involves allegations of improper transfers, liens, unpaid taxes, filing errors or forged signatures, our attorneys can represent complainants and title holders.

Title Insurance

Mistakes happen, especially when complex real estate transactions are involved. Maybe an heir was not properly notified before you purchased a decedent’s home. Maybe a lien originating with a former owner was incorrectly placed on a neighboring property instead of your own. In either case, homeowners are often unaware of these mistakes until after they have purchased a home and made a sizeable down payment.

Homeowners can save themselves from the added costs associated with defending the title to their property by purchasing an owner’s title insurance policy. This policy will pay for the claims and legal fees that arise from such actions. For long-term peace of mind, our real estate attorneys recommend investing in a comprehensive and affordable title insurance policy, which usually is a one-time cost incurred before closing. Upon request, we can provide a list of outside parties who can provide the necessary insurance coverage.

Inheritance

Home is where family is, and many homeowners want to ensure the link between their home and family is not broken after death. Our estate planning attorneys can prepare a last will and testament under which title to you property is transferred to a beneficiary. We can arrange real estate transfers to ensure minimal tax impacts and can prepare documentation for retained life estates. Our attorneys can also assist executors in addressing the real estate-related provisions of a will.

Easements and Licenses

When property is inaccessible without the use of an adjacent parcel owned by a neighbor, a real estate easement or license might be necessary. With easements, non-owning parties (the subservient tenant) can obtain either through court order, eminent domain or mutual agreement the legal right to use the property of a neighbor (the dominant tenant) to access their property. Similarly, a subservient tenant can receive a dominant tenant’s permission to use their property for access with a licensing agreement. Our real estate attorneys can represent dominant and subservient tenants in easement litigation or easement or licensing negotiations to ensure accessibility concerns will not detrimentally impact their quality of life or the value of their property.

Landlord/Tenant Disputes

A successful business or a pleasant home life hinges on the ability of tenants and landlords to fulfill their obligations under their lease agreement. In general, lease disputes arise when a tenant or landlord fails to perform certain duties or when either party fails to provide payment in accordance with the lease’s terms. On top of being able to draft lease agreements, our real estate attorneys can represent tenants and landlords in disputes over maintenance and repair, indemnification, subleasing and security deposit recovery. Don’t let nonpayment or noncompliance issues adversely affect your home life or business. Contact our real estate attorneys to get peace of mind.

At Tully Rinckey PLLC, we will give you the personal attention and legal guidance you need. Call and speak to an attorney 24 hours a day, 7 days a week at: 1-888-LAW-4LIFE.

The most popular City / Village / Town Courts our lawyers serve:
Albany, Altamont, Amsterdam, Berne, Bethlehem, Brunswick, Clifton Park, Cohoes, Colonie, Coeymans, Delaware, Duanesburg, East Greenbush, Fulton, Glens Falls, Glenville, Gloversville, Grafton, Greene, Guilderland, Hoosick, Hudson, Johnstown, Malta, Mechanicville, Menands, Montgomery, Nassau, New Scotland, Rensselaer, Rensselaerville, Rotterdam, Saratoga, Schenectady, Schoharie, Schodack, Scotia, Troy, Ulster, Voorheesville, Warren, Washington, Watervliet