DAVIS & BYRNESBusiness and
Real Estate Attorneys

WHO WE AREDavis & Byrnes

Davis & Byrnes is a multi-state law firm that is focused on representing clients of all sizes in real estate and business matters. We rely on the latest technology to keep your legal bills affordable while providing high quality representation. We believe in giving our clients the attention, flexibility and dedicated support they deserve.

The Davis & Byrnes team is an experienced and dedicated group of lawyers who have the requisite know-how to handle whatever matter you may have as it relates to your business.

WHAT WE DOPractice Areas

We are here to provide top notch service and be your partner
Representing landlords, tenants, property owners, buyers and, sellers in litigation and transactional matters.
Providing assistance to small businesses in transactional and litigation matters.
Providing assistance on contract disputes arising out of construction contracts.

Looking for a reliable & dedicated partner?

LEARN MORELatest News

October 11, 2021by Gregory Byrnes
What is a Lender’s Closing Disclosure?
If you are purchasing a home or other property which is not for business, commercial, or agricultural purposes and receiving financing from a lender, the lender must provide you a Closing Disclosure form at least three days prior to the closing.
October 7, 2021by Gregory Byrnes
Do I have to Sign A Property Condition Disclosure Statement in New York?
Property Condition Disclosure Statement Name of Seller or Sellers: Property Address: The Property Condition Disclosure Act requires the seller of residential real property to cause this disclosure statement or a copy thereof to be delivered to a buyer or buyer's agent prior to the signing by the buyer of a binding contract of sale. Purpose of Statement: This is a statement of certain conditions and information concerning the property known to the seller. This disclosure statement is not a warranty of any kind by the seller or by any agent representing the seller in this transaction. It is not a substitute for any inspections or tests and the buyer is encouraged to obtain [his/her] own independent professional inspections and environmental tests and also is encouraged to check public records pertaining to the property. A knowingly false or incomplete statement by the seller on this form may subject the seller to claims by the buyer prior to or after the transfer of title. In the event that a seller fails to perform the duty prescribed in this article to deliver a disclosure statement prior to the signing by the buyer of a binding contract of sale, the buyer shall receive upon the transfer of title a credit of five hundred dollars ($500) against the agreed upon purchase price of the residential real property. “Residential real property” means real property improved by a one- to four-family dwelling used or occupied, or intended to be occupied, wholly or partly, as the home or residence of one or more persons, but shall not refer to: (a) unimproved real property upon which such dwellings are to be constructed; (b) condominium units or cooperative apartments; or (c) property on a homeowners' association that is not owned in fee simple by the seller. Instructions to the Seller: (a) Answer all questions based upon your actual knowledge. (b) Attach additional pages with your signature if additional space is required. (c) Complete this form yourself. (d) If some items do not apply to your property, check “NA” (nonapplicable). If you do not know the answer, check “Unkn” (unknown). Seller's Statement: The seller makes the following representations to the buyer based upon the seller's actual knowledge at the time of signing this document. The seller authorizes their agent, if any, to provide a copy of this statement to a prospective buyer of the residential real property. The following are representations made by the seller and are not the representations of the seller's agent. General information: 1. How long have you owned the property? 2. How long have you occupied the property? 3. What is the age of the structures? Note to Buyer—If the structure was built before 1978, you are encouraged to investigate for the presence of lead-based paint. 4. Does anybody other than yourself have a lease, easement, or any other right to use or occupy any part of your property other than those stated in the documents available in the public record, such as rights to use a road or path or cut trees or crops? Yes No Unkn NA 5. Does anybody else claim to own any part of your property? Yes No Unkn NA If yes, explain or describe below: 6. Has anyone denied you access to the property or made a formal legal claim challenging your title to the property? Yes No Unkn NA If yes, explain or describe below: 7. Are there any features of the property shared in common with adjoining landowners or a homeowners association, such as walls, fences or driveways? Yes No Unkn NA If yes, explain or describe below: 8. Are there any electric or gas utility surcharges for line extensions, special assessments, or homeowner or other association fees that apply to the property? Yes No Unkn NA If yes, explain or describe below: 9. Are there certificates of occupancy related to the property? Yes No Unkn NA If yes, explain or describe below: Environmental: Note to Seller—In this section, you will be asked questions regarding petroleum products and hazardous or toxic substances that you know to have been spilled, leaked, or otherwise been released on the property or from the property onto any other property. Petroleum products may include but are not limited to gasoline, diesel fuel, home heating fuel, and lubricants. Hazardous or toxic substances are products that could pose short- or long-term danger to personal health or the environment if they are not properly disposed of, applied, or stored. These include but are not limited to fertilizers; pesticides and insecticides; paint, including paint thinner, varnish remover, and wood preservatives; treated wood; construction materials, such as asphalt and roofing materials; antifreeze and other automotive products; batteries; cleaning solvents, including septic tank cleaners, household cleaners, and pool chemicals and products containing mercury and lead. Note to Buyer—If contamination of this property from petroleum products and/or hazardous or toxic substances is a concern to you, you are urged to consider soil and groundwater testing of this property. 10. Is any or all of the property located in a designated floodplain? Yes No Unkn NA If yes, explain or describe below: 11. Is any or all of the property located in a designated wetland? If yes, explain or describe below: 12. Is the property located in an agricultural district? Yes No Unkn NA If yes, explain or describe below: 13. Was the property ever the site of a landfill? Yes No Unkn NA If yes, explain or describe below: 14. Are there or have there ever been fuel storage tanks above or below the ground on the property? Yes No Unkn NA If yes, are they currently in use? Yes No Unkn NA Are they leaking or have they ever leaked? Yes No Unkn NA If yes, explain or describe below: 15. Is there asbestos in the structure? Yes No Unkn NA If yes, explain or describe below: [Specification of facts]. 16. Is lead plumbing present? Yes No Unkn NA If yes, explain or describe below: 17. Has a radon test been done? Yes No Unkn NA If yes, attach a copy of the report. 18. Has motor fuel, motor oil, home heating fuel, lubricating oil, or any other petroleum product, methane gas, or any hazardous or toxic substance spilled, leaked or otherwise been released on the property or from the property onto any other property? Yes No Unkn NA If yes, explain or describe below: 19. Has the property been tested for the presence of motor fuel, motor oil, home heating fuel, lubricating oil, or any other petroleum product, methane gas, or any hazardous or toxic substance? Yes No Unkn NA If yes, attach reports. Structural: 20. Is there any rot or water damage to the structure or structures? Yes No Unkn NA If yes, explain or describe below: [Specification of damage]. 21. Is there any fire or smoke damage to the structure or structures? Yes No Unkn NA If yes, explain or describe below: [Specification of damages]. 22. Is there any termite, insect, rodent, or pest infestation or damage? Yes No Unkn NA If yes, explain or describe below: [Specification of damage]. 23. Has the property been tested for termite, insect, rodent, or pest infestation or damage? Yes No Unkn NA If yes, please attach reports. 24. What is the type of roof/roof covering [slate/asphalt/[name of other roof]]? Any known material defects? How old is the roof? [age of roof] Is there a transferable warrantee on the roof in effect now? Yes No Unkn NA If yes, explain or describe below: 25. Are there any known material defects in any of the following structural systems: footings, beams, girders, lintels, columns, or partitions? Yes No Unkn NA If yes, explain or describe below: Mechanical Systems and Services: 26. What is the water source? (circle all that apply) well private municipal other If municipal, is it metered? Yes No Unkn NA 27. Has the water quality and/or flow rate been tested? Yes No Unkn NA If yes, explain or describe below: 28. What is the type of sewage system? (circle all that apply) public sewer private sewer septic cesspool If septic or cesspool, age? Date last pumped? Frequency of pumping? Any known material defects? Yes No Unkn NA If yes, explain or describe below: 29. Who is your electric service provider? What is the amperage? Does it have circuit breakers or fuses? Private or public poles? Any known material defects? Yes No Unkn NA If yes, explain or describe below: 30. Are there any flooding, drainage, or grading problems that resulted in standing water on any portion of the property? Yes No Unkn NA If yes, explain or describe below: 31. Does the basement have seepage that results in standing water? Yes No Unkn NA If yes, explain or describe below: Are there any known material defects in any of the following? (if yes, explain below. Use additional sheets if necessary): 32. Plumbing system? Yes No Unkn NA 33. Security system? Yes No Unkn NA 34. Carbon monoxide detector? Yes No Unkn NA 35. Smoke detector? Yes No Unkn NA 36. Fire sprinkler system? Yes No Unkn NA 37. Sump pump? Yes No Unkn NA 38. Foundation/slab? Yes No Unkn NA 39. Interior walls/ceilings? Yes No Unkn NA 40. Exterior walls or siding? Yes No Unkn NA 41. Floors? Yes No Unkn NA 42. Chimney/fireplace or stove? Yes No Unkn NA 43. Patio/deck? Yes No Unkn NA 44. Driveway? Yes No Unkn NA 45. Air-conditioner? Yes No Unkn NA 46. Heating system? Yes No Unkn NA 47. Hot water heater? Yes No Unkn NA Explanation of defects: 48. The property is located in the following school district: Note: Buyer is encouraged to check public records concerning the property (e.g. tax records and wetland and flood plain maps). The seller should use this area to further explain any item above. If necessary, attach additional pages and indicate here the number of additional pages attached. Seller's Certification: Seller certifies that the information in this property disclosure statement is true and complete to the seller's actual knowledge as of the date signed by the seller. If a seller of residential real property acquires knowledge which renders materially inaccurate a property condition disclosure statement provided previously, the seller shall deliver a revised property condition disclosure statement to the buyer as soon as practicable. In no event, however, shall a seller be required to provide a revised property condition disclosure statement after the transfer of title from the seller to the buyer or occupancy by the buyer, whichever is earlier. Dated: Seller Name: Buyer's Acknowledgment: Buyer acknowledges receipt of a copy of this statement and buyer understands that this information is a statement of certain conditions and information concerning the property known to the seller. It is not a warranty of any kind by the seller or seller's agent and is not a substitute for any home, pest, radon, or other inspections or testing of the property or inspection of the public records. Dated: Buyer Name
October 6, 2021by Gregory Byrnes
Contingency Clauses in Residential Real Estate Contract
Contingency clauses are often included in real estate purchase agreements by the buyer. Contingency clauses allow the buyer to back out of the agreement and have their down payment returned to them in the event they or the seller are unable to satisfy the contingency. Contingency clauses are often used to renegotiate terms of the contract if the contingency is not met. In a seller's market the seller maybe unlikely to agree to any in the contract. 

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