How a Real Estate Lawyer in Westchester Can Help You Avoid Legal Issues
Whether you are buying your first home, moving up, or selling a property in Westchester, it’s a major financial decision that deserves careful attention.
You’re not just signing papers. You’re entering a legally binding agreement that can shape your future for decades.
When buyers and sellers focus only on the big numbers like the price, the closing date, the mortgage rate, they can miss smaller legal details that carry big consequences.
The good news? When you work with an experienced real estate lawyer in Westchester, you can spot those risks early and close with confidence.
Curious what really causes real estate deals to fall apart? Let’s dive in and make sure your deal is set up to succeed, not surprise you.
7 Common Legal Issues Buyers and Sellers Face in Westchester
Did the Seller “Forget” to Mention the Mold in the Basement?
Let’s start here, because it’s where most lawsuits begin: disclosures.
Legally, sellers are supposed to disclose major known issues. But what qualifies as “known”? What counts as “major”?
Let’s say the basement floods every spring, but the seller tossed down a rug and didn’t say a word. Legally risky? You bet. And if the buyer finds out post-closing, who’s liable?
If you’ve ever heard someone say, “We had no idea until the smell started,” now you know what went wrong.
Buyers: do you know how to read a disclosure for what’s not written?
Sellers: are you willing to risk a six-figure lawsuit to shave an awkward truth out of a form?
You’d be surprised how many people say yes and regret it.
Think the Title’s Clean Just Because No One Said Otherwise?
Here’s something people don’t talk about enough: title issues ruin closings.
Not because the house is cursed (though, hey, this is Westchester, you never know), but because someone didn’t check for:
- Old tax liens
- Unreleased mortgages
- A shared driveway no one told you was shared
Yes, you can “buy” a home without realizing someone else still legally has a claim to part of it. And no, title insurance won’t always fix it after the fact.
Would you buy a car without checking if it was stolen? Then why buy a house without checking who really owns all of it? This is why title review by a real estate lawyer in Westchester is essential.
Let’s Talk About the Day Financing Falls Apart
Buyers, have you ever thought: “I’m pre-approved, so I’m good”?
Bad news, that’s not a guarantee.
Lenders pull credit again right before closing. They check employment. They check your account balance. They might reject the appraisal. One slip and your funding disappears.
Sellers: do you really want to find out three days before closing that your buyer’s bank backed out?
Buyers: do you know what happens if your financing falls through after you waived the contingency clause?
Let me help: you get sued.
Prevent this problem by making an effort to have a title review by a real estate lawyer in Westchester.
Here’s a Fun One: The Oil Tank You Didn’t Know Was Underground
This one happens more than you think.
Buyer: “I didn’t know there was a tank under the front yard.”
Lawyer: “It’s on the survey.”
Buyer: “Nobody said anything.”
Lawyer: “You signed off on it.”
Now you’re paying thousands to remove a corroding tank and if it leaked, you’re dealing with the DEC. Not a fun afternoon.
Did you know some towns require environmental testing before certain sales?
No? Well, now you do.
Co-op or Condo? Welcome to the Boardroom.
When you buy a co-op, you’re not just buying property, you’re joining a community.
And the board has real power:
- They can approve or reject your purchase without explanation.
- They can ban subletting or pets.
- They can impose major special assessments.
That “low maintenance fee” you saw? It might be hiding bigger costs ahead. Before you commit, read the building’s bylaws, house rules, board minutes, and financials. Know the rules and make sure they work for your lifestyle.
Are You Walking Into a Deal, or Into Court?
Real estate deals in Westchester fall apart not because people didn’t care. But because they didn’t know what to care about.
They assumed. They trusted. They skimmed instead of reading. And they signed things they didn’t fully understand.
If you’re hesitating even a little, you’re already doing better than most.
Stay sharp. Ask the hard questions. And remember: in real estate, the smartest person in the deal isn’t the one who knows the price. It’s the one who understands the paperwork. And the one who hired a real estate lawyer in Westchester.
So… How Do You Avoid All of This?
You’ve made it this far. You know where the problems are. Now you’re probably wondering, “Alright, how do I protect myself?”
Keep reading to find out!
1. Don’t Sign Anything Until It’s Reviewed Thoroughly
Not your contract. Not your disclosure form. Not your mortgage paperwork. And definitely not that “standard” document someone said is “just a formality.”
If you’re not reading with a lawyer’s brain, borrow one. Hire a real estate lawyer in Westchester. Because once you sign it, it’s yours.
2. Get Legal Eyes on the Deal Early. Not After Something Goes Wrong
This one’s non-negotiable. If you think your agent “knows the paperwork,” remember this: they don’t represent your legal interest, they represent the deal.
Your real estate attorney is your line of defense. They can see the trapdoors before you step in one. You want someone who knows the difference between “almost fine” and “legally airtight.”
3. If It’s Not in Writing, It Doesn’t Exist
“I thought the seller said they’d fix that.”
“I assumed the taxes were lower.”
“They told me the basement was legal.”
Nope. Not good enough.
Verbal agreements mean nothing in real estate. If it’s not in the contract, you do not have a leg to stand on. Period.
4. Demand Clarity in Your Contract Or Walk
You know what’s worse than a deal falling through? Closing a deal you don’t understand.
The contract should spell everything out like you’re five years old:
- Who’s responsible for what
- When it needs to happen
- What happens if it doesn’t
And no, “we’ll figure it out later” is not a strategy. That’s how lawsuits happen.
5. Inspect Everything. Assume Nothing.
You’re not just buying the house. You’re buying the roof, the plumbing, the electrical system, the land, the drainage, the neighborhood, and every nail in between.
So:
- Get a real inspector. Not just the cheapest or the quickest.
- Order specialized inspections if anything feels off (environmental, mold, radon, tank scan).
- Be in the room. Ask questions.
The problems you ignore now are the ones you’ll pay for later.
6. Call the Town Yourself
Want to know if the basement’s legal? If the fence is over the setback line? If the zoning allows rentals?
Pick up the phone. Call the building department. Don’t rely on “they said it was fine.” You’ll be the one dealing with the violation, not them.
7. In Condos and Co-ops? Read Everything.
This isn’t just about square footage. It’s about governance, financials, and rules you have to live with. You could be walking into:
- A special assessment next month
- A building under litigation
- A board that rejects buyers based on income, pets, or silence
Read the bylaws. Look at the financials. Check the minutes. What you find there will either give you peace of mind. Or, a reason to run.
8. Ask About Taxes. Then Ask Again
Those “low taxes” might include exemptions that don’t transfer. Or a grievance that got denied. Or an upcoming reassessment no one mentioned.
Ask:
- What was last year’s assessment?
- Is there a STAR exemption applied?
- Has a grievance been filed or denied recently?
If your monthly mortgage estimate doesn’t include the real tax bill, you’re setting yourself up to panic later.
9. Don’t Touch Distressed Properties Without Legal Backup
Foreclosures, short sales, REOs — they’re not “deals.” They’re legal puzzles with missing pieces.
Expect:
- Delays
- Silence from banks
- Surprise liens
- Paperwork that doesn’t make sense
Don’t go in without legal help. You’re not flipping a house. You’re navigating a hostile process.
10. Treat Every Deal Like It Could Blow Up and You’ll Be Prepared If It Doesn’t
Ask the uncomfortable questions. Push for clarity. Delay the closing if things aren’t right. Speak up when something feels off.
You Can’t Afford to Be Passive: Hire a Real Estate Lawyer in Westchester Today!
If you’re buying or selling in Westchester, you need to lead your deal like it matters. Because it does.
You’re not being “difficult.” You’re being smart.
You’re not holding things up. You’re protecting your future.
You’re not paranoid. You’re prepared.
And that’s the difference between someone who survives a deal and someone who actually wins one.
Ready to Close Without the Legal Surprises?
Real estate contracts are binding and can be complicated. They may also be written to benefit one party more than the other. We review each document with one goal: to protect your rights, your money, and your future.
With over four decades of experience in New York real estate law, we provide legal oversight that’s precise, responsive, and built on a deep understanding of how deals succeed—or fall apart. We find liability risks, explain your obligations, and make sure you follow all laws before you commit.
When you hire Cormac McEnery Law, you’re not just getting a signature on paper. You’re getting a legal strategy that stops problems, keeps your leverage, and boosts your confidence at closing.
Contact us at 718-885-1234 today to get legal representation that’s thorough, responsive, and informed by years of real-world real estate experience.
