Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Octavio Warnock-Graham

Octavio Warnock-Graham has started 3 posts and replied 11 times.

Quote from @Mohammed Rahman:

Hi @Octavio Warnock-Graham - wow what a unique scenario... 

In this scenario I highly doubt the city would find you liable as the building has been vacant for a while, but I've never run into this scenario before. 

People you should look into:

- attorneys

- architect

- engineer (the architect should know how to approach this scenario as they deal with DOB a lot). 


 I spoke with an Architect and Alex Kotz from SDKH Law, both of whom suggested I consult with my insurance co. Insurance co. says I'm probably not liable as long as my negligence did not cause the structure to fall. 

Hopefully I am dodging a bullet on this one.

Our neighborhood owners group is also petitioning the DOB and Elected Officials to take possession of and tear down the building.

Thanks and I will continue to update.

Quote from @Scott Wolf:

Find a NY Attorney. I like Alex Kotz from SDKH Law.  He's transactional, but I'm sure someone else in his firm can help you out.


 Hey Scott,

Just a quick follow-up I spoke to Alex today and he was really generous and helpful.

Thank you for the referral!

Quote from @Chris Seveney:
Quote from @Octavio Warnock-Graham:

Hi All,
I have a weirdly specific legal question and I hope someone out there can help.

I own a 2 story building in NYC. My building shares a common wall with a neighboring property. However, the neighboring building is about 20 feet longer than my building so there are about 20 feet where the building next door extends past my building.

The building next to me is a vacant, bank-owned property that the DOB has declared an unsafe building due to a roof collapse in the back. Exposure to the elements is causing the back end of its exterior wall to bulge and will most likely collapse. My building, being 20 feet shorter than the vacant building, is not affected by the failing wall. But according to New York City Law, (NYC Administrative Code §28-301.1) I share responsibility for the maintenance of the wall.

Is there any legal way to protect myself from being held liable for the failing wall as I would consider the situation entirely due to the negligence of the bank-owned property?


 As mentioned, get an attorney involved. I would consider hiring a structural engineer to provide you with a report as well. This one is really dicey. 


Thank you. Out of curiosity, how do you all begin looking for a professional in a sea of options? Is it mostly referrals or do you have a strategy for filtering options?


Thank you! I will begin looking today.
Quote from @Scott Wolf:

Find a NY Attorney. I like Alex Kotz from SDKH Law.  He's transactional, but I'm sure someone else in his firm can help you out.


 Thank you! I will begin looking today. 

Hi All,
I have a weirdly specific legal question and I hope someone out there can help.

I own a 2 story building in NYC. My building shares a common wall with a neighboring property. However, the neighboring building is about 20 feet longer than my building so there are about 20 feet where the building next door extends past my building.

The building next to me is a vacant, bank-owned property that the DOB has declared an unsafe building due to a roof collapse in the back. Exposure to the elements is causing the back end of its exterior wall to bulge and will most likely collapse. My building, being 20 feet shorter than the vacant building, is not affected by the failing wall. But according to New York City Law, (NYC Administrative Code §28-301.1) I share responsibility for the maintenance of the wall.

Is there any legal way to protect myself from being held liable for the failing wall as I would consider the situation entirely due to the negligence of the bank-owned property?

Hi Team BP,

Looking for a HELOC in NYC. Fast closing is a plus. Who do you all like?

Hi Michelle,

Where in the Valley are you? I have an offer in on a 2F in Troy, NY so I'll be up there a lot.

Id love to meet up for coffee if its convenient.

Hey everyone, thanks for your valuable input. I decided that buying a too-good-to-be-true property w/o a CofO is a bit advanced for me right now. 

As much as I want to add to my portfolio in the Bronx, as an investor, the 25% down is just a bit beyond my means. 

I started looking at the Hudson Valley and have found a few cash-flow-positive opportunities.  Hopefully will be closing on one soon.

Octavio

Hi BP!

I am curious what are the real world considerations that come with properties lacking a CofO.

Has anyone bought an investment property w/o a CofO and what was involved in obtaining one? 

thanks in advance 

Are I-buyers a menace or just convenient scapegoats?

https://marker.medium.com/zill...