Carolyn L. Weiss, Esq.
Carolyn L. Weiss, Esq. has more than twenty years’ experience representing individuals and small businesses in real estate transactions, commercial leasing and real estate financings throughout the New York metropolitan area. Real estate transactions conducted by Ms. Weiss include house, cooperative and condominium unit, entire building and vacant land purchases and sales. She represents both purchasers and sellers, whose transactions are handled from inception to conclusion exclusively by an attorney. Ms. Weiss prepares and negotiates contracts, reviews title reports and surveys, confirms that all lender requirements in a loan commitment are satisfied, drafts closing documents and attends the closing. Depending upon the needs of the party in the transaction, Ms. Weiss conducts due diligence, such as interviewing the cooperative or condominium managing agent as to potential litigation, anticipated major capital improvements, maintenance and common charge increases, assessments and the like. In commercial property purchases, Ms. Weiss will investigate potential environmental concerns, review current leases, and obtain tenant estoppel letters in exchange for subordination and non-disturbance agreements.
In particular, she has extensive experience in Cooperative and Condominium law. In representing cooperative and condominium boards, Ms. Weiss has interpreted and drafted governing documents, arranged for and conducted board and annual meetings, orchestrated building financings with institutional and private lenders, closed individual unit transactions and responded to unit owner defaults. In addition, Ms. Weiss represents individual unit owners with respect to neighbor disputes, default defenses and title transfers.
Ms. Weiss has closed numerous transactions on behalf of major institutional lenders. She has conducted residential and commercial real estate transactions on behalf of individuals and major institutional lenders such as CitiMortgage, Inc., Wells Fargo Bank, JP Morgan Chase Bank, Bank of America, HSBC Bank (USA), Washington Mutual Bank, National City Bank, Community Preservation Corporation and Credit Suisse First Boston. Further, she has represented private lenders in drafting documents and closing loans on their behalf. Residential loan documents tend to be drafted by the lender and are not subject to negotiation. Nonetheless, residential loan transactions still require skilled coordination and drafting of ancillary documents. Commercial loan transactions typically require more document drafting and negotiation by Ms. Weiss, who is familiar with the requirements of various lenders. In any case, Ms. Weiss often represents borrowers in either residential or commercial loan transactions.
Commercial leasing is a significant portion of Ms. Weiss’ law practice. She has experience in commercial leasing with respect to retail clothing stores, retail food establishments, retail beauty product stores, and office spaces for professionals and medical service providers. Although issues such as sublease rights and opportunity to cure defaults are negotiated in most commercial leases, office and retail store leases require the inclusion of different provisions. When representing a tenant, there are particular provisions that we request that the landlord include, such as a broad use clause, lengthy notice provisions, grace periods and generous opportunity to cure defaults and liberal sublease and assignment provisions. When representing a landlord, we attempt to make the tenant responsible for costs and taxes and arrange to secure a personal guaranty from the tenant, if possible. These are only some examples of the lease provisions that Ms. Weiss negotiates. Further, after the lease commences, Ms. Weiss participates in its interpretation in response to disputes that may arise.
Ms. Weiss prepares Wills and Trusts, as well as administers estates for her estate practice clientele. She meets clients, either in the office or at a location convenient to the individual, to determine the needs of the client and the appropriate documents for the situation presented by the family. After drafting the documents, she is available to discuss possible revisions, prior to arranging to sign documents in accordance with statutory requirements. Surviving family members contact Ms. Weiss to administer the estate on behalf of the deceased, whether the person has died with or without a Will. She manages all estate administration issues, such as contested estates or if the deceased left few or no blood relatives. Ancillary probate proceedings, where only one asset needs to be disposed and it is located outside of the deceased’s location of primary residence, and international estate matters are within the experience level of Ms. Weiss. She arranges for the filing and payment of estate taxes that may be due to New York State and to the United States as well as the transfer of assets according to the Will or administration dictates.
Born in Cincinnati, Ohio, Ms. Weiss obtained her B.A. degree from Barnard College of Columbia University and her J.D. degree from Case Western Reserve University School of Law, where she was the recipient of the American Jurisprudence Award for excellent achievement in Research, Analysis and Writing. She served as Board Member and Leader of the Entrepreneurs Roundtable for Barnard Business and Professional Women and currently serves as Treasurer and Board Member of the Barnard Club of Westchester. Ms. Weiss is also a former member of the Board of Trustees of Scarsdale Synagogue Temples Tremont and Emanu-El.
Case Western Reserve University School of Law, J.D., 1991
Recipient of the American Jurisprudence Award for excellent achievement in Research, Analysis and Writing
Barnard College of Columbia University, B.A., 1986
United States District Court, Southern District of New York, 1992
Westchester County Bar Association
Barnard Club of Westchester
Member Since: 2004
Former Member of Board of Trustees of Scarsdale Synagogue, Temples Tremont and Emanu-El.
Avoid Unapproved Renovation Problems, as published in the National Association of Realtors Magazine, May/June 2016 edition.