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Practice Areas

Personal Injury

PI pic 2Being injured at work, in an automobile accident or due to slip and fall, can be a traumatic experience. We are here to help you. Regardless of whether you had a minor accident or a catastrophic injury, do not hesitate to contact us to discuss your options.

We are experienced personal injury firm in New York. We have the knowledge and experience to get you the results you deserve. 

Remember to NEVER DISCUSS YOUR ACCIDENT WITH ANYONE, ESPECIALLY THE INSURANCE COMPANY. 

After you are injured you may be contacted by the insurance company of the person that injured you. The insurance company will try to talk you into giving a statement of what may have happened in an attempt to settle quickly for what may be a much smaller amount than what your lawyer would have been able get for you. Have your lawyer do the talking for you! 

You should not settle any action until you consult with an attorney to discuss the strengths and weaknesses of your case. We will represent you with a combination of courtroom skills and work ethic, leading to the results that you deserve.

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Real Estate

Purchase and Sale of Real Estate

1Whether you are first time buyer or an experienced investor, the Law Offices of Ariel Niyazov, P.C. can help you navigate through the maze of purchasing commercial and residential real estate in New York.

Our knowledgeable staff thoroughly explains the closing process to you and keeps you fully informed throughout the transaction from signing of the contract to the actual closing.

Houses

When purchasing a house, it is crucial to understand that, with the exception of certain representations, the purchaser is buying a home in AS IS condition.  As such, it is important to conduct a full house inspection, including a termite inspection, preferably prior to executing the Contract of Sale.  And if you are obtaining financing it is important to work with a knowledgeable lender or mortgage professional as you only usually get 30-45 days to obtain a mortgage.  We have a network of mortgage professionals that we can recommend to you.  We will guide you through the entire process, until the successful closing.

Cooperative

When you purchase a co-op, you are actually buying an interest in the corporation that owns the property and you receive a stock certificate representing your ownership in such corporation. You become a shareholder of the corporation and have a proprietary lease over the apartment. Like any corporation, co-op buildings are run by an elected board of directors who determines the rules and regulations of the property.
Before your purchase of a co-op, it is imperative that you have us review the financial statements of the corporation and the related minutes to determine the financial stability of the building.  In addition, co-op buildings may have restrictions on subleases and resales, an unfriendly pet policy, and have owner’s transfer fees, which may affect your decision on whether to purchase a unit in a particular co-op building.

Condominium

The purchase of a condominium is unique in that a condominium has similarities and differences with the purchase of a cooperative apartment or a house.  With a condominium, you are actually purchasing real estate, unlike with a cooperative unit, where you are purchasing interest in the corporation that owns the property.  Condominium associations do, however, have a board of directors that makes decisions regarding rules and regulations of the association, as well as financial decisions of the company.

A thorough review of house rules, financial statements and bylaws is a key when considering purchasing a condominium.

Commercial Property

With commercial closings, the key is to conduct a thorough due diligence of the subject property.  As such, (i) we review and advise on engineer reports and environmental studies, (ii) review the rent rolls and applicable leases, and send collateral estoppels letters to confirm the information in the leases, (iii) conduct physical inspections to determine the legality of all structures; and (iv) review the title report, survey and prior policies.

1031 Exchanges

In a typical transaction, the property owner is taxed on any gain realized from the sale. However, through a Section 1031 Exchange, the tax on the gain is deferred until some future date.

Section 1031 of the Internal Revenue Code provides that no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business, or for investment. A tax-deferred exchange is a method by which a property owner trades one or more relinquished properties for one or more replacement properties of "like-kind", while deferring the payment of federal income taxes and some state taxes on the transaction.

The theory behind Section 1031 is that when a property owner has reinvested the sale proceeds into another property, the economic gain has not been realized in a way that generates funds to pay any tax. In other words, the taxpayer's investment is still the same, only the form has changed (e.g. vacant land exchanged for apartment building). Therefore, it would be unfair to force the taxpayer to pay tax on a "paper" gain.
The like-kind exchange under Section 1031 is tax-deferred, not tax-free. When the replacement property is ultimately sold (not as part of another exchange), the original deferred gain, plus any additional gain realized since the purchase of the replacement property, is subject to tax.

Please contact us to help you identify ways to save on any realized gains by properly structuring a sale or purchase as a 1031 exchange.

Short Sale, Foreclosure and Loan Modification

2The Law Offices of Ariel A. Niyazov, P.C. processes and negotiates HAFA and non-HAFA short sales to help homeowners avoid the dangers and long lasting consequences of foreclosure or bankruptcy.

Home Affordable Financial Alternatives Program (HAFA)

In a short sale, the servicer allows the homeowner to list and sell the mortgaged property with the understanding that the net proceeds from the sale may be less than the total amount due on the first mortgage.

To help homeowners who are unable to keep their homes under the Home Affordable Modification Program, the HAFA program may make a short sale or a deed-in-lieu of foreclosure a viable option to help them avoid foreclosure. The HAFA Program, which took effect April 5, 2010, provides servicer, seller and junior lien holder incentives for these transactions and is designed to simplify and streamline use of short sales and deeds-in-lieu of foreclosure.

Under the program, a homeowner can receive $3,000 to help with relocation costs after a successful short sale closing or deed-in-lieu. If there are liens and encumbrances in addition to the first mortgage, the borrower must obtain lien releases from those creditors—under HAFA, homeowners can receive up to $6,000 of assistance to release those liens. The benefit of a HAFA short sale is that you are no longer responsible for the difference between what you owe on your mortgage and the amount that your home sells for.

Loan Modifications

A Loan Modification is a permanent change in one or more of the terms of a homeowner’s mortgagor's loan, allows the loan to be reinstated, and results in a payment the homeowner can afford.  A modification can lower the rate, fix an arm product, extend the term and/or roll past due amounts into the principal and bring the account up to date.

Foreclosure Defense

The Law Offices of Ariel A. Niyazov, P.C. protects the interests of the homeowner by defending them against banks, investors and serving companies.  We litigate all aspects of foreclosure proceedings (i.e. defective foreclosure lawsuit and mortgages, predatory lending), attend foreclosure court conferences and process mortgage modifications.

Please contact our office as soon as you can as time may not be on your side.

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Business Law

3Business and corporate matters can be complex, which is why it is beneficial to work with a business attorney when working through such matters. Law Offices of Ariel A. Niyazov, P.C., are devoted to helping their clients' businesses thrive, while also helping them work through any business-related disputes they may be involved in

Business and corporate law entails a vast array of matters including corporate transactions, contracts, breach of contract, business torts, mergers and acquisitions, and more. At our firm, we strive to help our clients resolve disputes quickly and effectively, without incurring excessive legal fees. If you are interested in hiring a business lawyer, consider the following attributes that our team has to offer:

  • We are strategic and results-oriented.
  • We provide high-quality customer service.
  • We focus on developing sustainable relationships.
  • We represent both sellers and purchasers.
  • We have successfully closed multiple corporate and real estate transactions.

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