New York Real Estate Lawyer
Joseph J. Handlin

Practice Areas and Legal Definitions

Real Estate Negotiations:
In major financial transactions, especially those involving real estate properties, it’s important to have a knowledgeable negotiator working for you, one who knows the law and whose loyalty to you is undivided.  Real estate brokers and agents depend on sales commissions for their livelihood.  If the sale does not occur they receive nothing for their time and energy, and this can create a conflict of interest.  You need someone representing you who is less concerned about a particular sale going through than with making certain your legal rights are protected.

Title Clearance Issues:
As with any other insurance policy, title insurance documents are usually packed with disclaimers of one kind or another, all in highly technical real estate jargon and legalese, and all set forth in the tiniest of fine print.  Failure to fully understand the import of a particular clause or disclaimer in the policy can result in financial consequences at some later date, when it may be too late to do anything about it.  If you find things in the title policy you don’t understand, your real estate attorney can explain them to you and can also point you to any items that need to be challenged and resolved.  Given the amount of money involved in modern real estate transactions, it is critical to make certain that title problems are not going to make the deal a disaster.

Real Estate Document Preparation:
Whatever may be said during real estate negotiations, whatever promises may have been made, it is the final written documents that will control what happens.  Many of the closing documents involve the completion of pre-printed forms, but sometimes the details of a particular transaction require modification of a form to provide adequate protection.  Your real estate attorney can either prepare all of the documents, or can review the documents that have been prepared, explaining them to you and suggesting changes, as needed, for your benefit.

Closing Attorney Representation:
There is no legal requirement for representation by counsel at the closing, but most lenders and prudent investors will do so. It is at closing that critical disputes often arise concerning the language in a particular clause or some other technical aspect of the transaction.

Sales Breach Issues:
Once a written agreement has been executed by both parties to a real estate transaction its provisions are legally binding. Which judicial remedies, if any, may be available for the breach of the agreement depends on a variety of factors. There may, for example, be remedies available to the Buyer if the Seller breaches that are not available to the Seller, if the Buyer is the breaching party.

1031 Exchanges:
Internal Revenue Code §1031 provides a means for deferring the capital gains tax consequences of a real estate transaction when the proceeds of sale from one transaction are to be promptly reinvested in another similar type property.  The key word here is “deferral".  What happens is that the tax basis of the old property is transferred to the new, so that when the new property is ultimately sold, the tax will be due.  Of course, if the second property is also sold under a 1031 exchange, the tax will be deferred yet again.

Cooperative and Condominium Conversions:
The upsurge in land values and the scarcity of land have contributed to the popularity of cooperative and condominium living. As the cost of building materials and construction labor has increased, so has the interest in the conversion of mobile home parks and apartment buildings into condominiums or cooperative corporations.  Condominium and cooperative conversions can be extremely profitable, but they are long-term projects, sharply regulated by state and local legislation.

Cooperative Corporation and Condominium Association Matters:
While condominium associations and cooperative corporations are autonomous, they must comply with state and federal law and with the provisions of their own bylaws.  A qualified real estate lawyer can provide timely and useful advice to Condominium Associations so that they may accomplish this purpose. A qualified real estate lawyer can provide timely and useful advice to Cooperative Corporations and Condominium Associations so that they may accomplish this purpose.

Commercial Leasing:
Terms and conditions in leases have grown increasingly complex, including basic economic conditions like rent. Landlords and tenants often find themselves agreeing to rent or to square footage and later learning that under the lease, they are paying more rent for fewer square feet than they thought. The services of an experienced practitioner are needed to clarify the actual issues at stake as well as the extent of potential liability.

If you or someone you know needs the assistance of an experienced New York Real Estate lawyer, call Joseph J. Handlin today at 866-690-5392, or complete the contact form provided on this site to schedule a consultation.

If you or someone you know needs the assistance of an experienced New York Real Estate lawyer, call Joseph J. Handlin today at 866-690-5392, or complete the contact form provided on this site to schedule a consultation.

ADDRESS OF THE FIRM:
Law Office of Joseph J. Handlin
75 Maiden Lane, Third Floor
New York City, NY 10038
Phone: 866-690-5392
Services provided after-hours

MEMBERS OF THE FIRM:

• Attorney Joseph J. Handlin

Joseph J. Handlin graduated magna cum laude from Harvard University and received a J.D. degree from New York University School of Law. He has practiced real estate law for more than 30 years, first as an associate in several large firms and, since 1987, in his own practice. Mr. Handlin is also an adjunct associate professor at New York University, where he has taught courses in real estate law for more than 20 years. He has written numerous articles and lectured on real estate topics at the Association of the Bar of the City of New York.

Mr. Handlin served for three years as President of the Harvard Club of New York City and for four years as a member of the House of Delegates of the New York State Bar Association. He was chair and secretary of the Committee on Small Law Firm Management of the Association of the Bar of the City of New York and has served on the Real Property Committee and the Zoning and Land Use Planning Committee of the Association, where he was editor-in-chief of the journal of the real estate related committees. Mr. Handlin has also served on a joint subcommittee of the bar associations and the Real Estate Board of New York to review reform in the mortgage recording tax laws.

• Jurisdictions Attorney is Licensed in: New York
• Date Admitted to the Bar: September, 1977
• Colleges Attended, Degree & Year Graduated: Harvard University, B.A., magna cum laude, 1973; New York University School of Law, J.D., 1976
• Professional Memberships & Achievements: President, Harvard Club of New York City, 2002-2005; Member, House of Delegates, New York State Bar Association , 1999-2003; Chair and Secretary, Committee on Small Law Firm Management, New York City Bar Assn. (1993-99); Member, Real Property Law Committee (1999-2002, 2002-2005) and Zoning and Land Use and Planning Committees (2002-2005) of New York City Bar Association. Editor-in-chief, journal of real estate related comittees of New York City Bar Assn., 2000-2002. Member, joint subcommittee of bar associations and Real Estate Board of New York regarding reform of mortgage recording tax laws. Also member of American Bar Association and New York County Lawyers Associations, 1977- present.