Subscribe to Guide
No Result
View All Result
Hamptons.com
  • Spotlight Magazine
  • Lifestyle
    • Featured
    • Entertainment
    • Arts
    • Community
    • Dining
    • Recreation
    • Trending
  • Events
    • Events Calendar
    • Post an Event
    • Gallery
  • Real Estate
    • Real Estate Features
    • Hamptons Real Estate Market Data
    • Search Real Estate
      • Open Houses
      • Search Sales
      • Search Rentals
    • Title Insurance
    • Happening In The Hamptons Podcast
  • Live Cameras
    • All Live Cameras
    • Live Weather Cams
    • Amagansett, Atlantic Avenue Beach
    • Bridgehampton, West Scott Cameron Beach
    • East Hampton Village, Main Beach
    • East Hampton Village, Main Street
    • East Hampton Village, Newtown Lane
    • Hampton Bays, Ponquogue Beach
    • Hampton Bays, Ponquogue Bridge
    • Hampton Bays, Shinnecock Fishing Dock
    • Hampton Bays, Tiana Beach
    • Long Island Aquarium | Coral Reef
    • Long Island Aquarium | Penguins
    • Long Island Aquarium | Shark Tank
    • Montauk, Downtown Circle
    • Montauk, Lars Simenson Skatepark
    • Montauk, Gin Beach & Inlet
    • Montauk, Sunset Beach & Inlet
    • Sagaponack, Sagg Main Beach
    • Sag Harbor, Foster Memorial Beach
    • Sag Harbor, Long Wharf Marina
    • Sag Harbor, Main Street (South)
    • Sag Harbor, Sag Harbor Bay
    • Sag Harbor, Windmill Beach & Bay
    • Shelter Island, South Ferry
    • Southampton, 39A to Montauk Hwy Merge
    • Southampton, Conscience Point Marina
    • Southampton Village, Coopers Beach
    • Southampton Village, Main Street (North)
    • Southampton Village, Main Street (Hildreths)
    • Westhampton, Pike’s Beach
    • Westhampton Village, Main Street (East)
    • Westhampton Village, Rogers Beach
  • Public WiFi
    • Public WiFi Map
    • Public Wi-Fi Support
  • Spotlight Magazine
  • Lifestyle
    • Featured
    • Entertainment
    • Arts
    • Community
    • Dining
    • Recreation
    • Trending
  • Events
    • Events Calendar
    • Post an Event
    • Gallery
  • Real Estate
    • Real Estate Features
    • Hamptons Real Estate Market Data
    • Search Real Estate
      • Open Houses
      • Search Sales
      • Search Rentals
    • Title Insurance
    • Happening In The Hamptons Podcast
  • Live Cameras
    • All Live Cameras
    • Live Weather Cams
    • Amagansett, Atlantic Avenue Beach
    • Bridgehampton, West Scott Cameron Beach
    • East Hampton Village, Main Beach
    • East Hampton Village, Main Street
    • East Hampton Village, Newtown Lane
    • Hampton Bays, Ponquogue Beach
    • Hampton Bays, Ponquogue Bridge
    • Hampton Bays, Shinnecock Fishing Dock
    • Hampton Bays, Tiana Beach
    • Long Island Aquarium | Coral Reef
    • Long Island Aquarium | Penguins
    • Long Island Aquarium | Shark Tank
    • Montauk, Downtown Circle
    • Montauk, Lars Simenson Skatepark
    • Montauk, Gin Beach & Inlet
    • Montauk, Sunset Beach & Inlet
    • Sagaponack, Sagg Main Beach
    • Sag Harbor, Foster Memorial Beach
    • Sag Harbor, Long Wharf Marina
    • Sag Harbor, Main Street (South)
    • Sag Harbor, Sag Harbor Bay
    • Sag Harbor, Windmill Beach & Bay
    • Shelter Island, South Ferry
    • Southampton, 39A to Montauk Hwy Merge
    • Southampton, Conscience Point Marina
    • Southampton Village, Coopers Beach
    • Southampton Village, Main Street (North)
    • Southampton Village, Main Street (Hildreths)
    • Westhampton, Pike’s Beach
    • Westhampton Village, Main Street (East)
    • Westhampton Village, Rogers Beach
  • Public WiFi
    • Public WiFi Map
    • Public Wi-Fi Support
No Result
View All Result
Hamptons.com
July 9, 2021

CAVEAT EMPTOR: Buyer Beware!

John A. Viterittiby John A. Viteritti
in Real Estate
Home Real Estate

Two recent cases, Heid v. Mohring, Nassau Supreme Court, and 98 Gates Ave. Corp. v. Bryan Jr. Kings County Supreme were decided against the buyers of real property due to their failure to adhere to the doctrine of caveat emptor.

 

In “Heid” the court determined that the buyer did not exercise the obligation to inspect the property. “Gates” was determined based on an issue of title and the failure of the buyer to purchase title insurance for himself, not just the lender.

 

Buyers of real estate are not absolved because they didn’t know the law. The best protection is to retain a real estate attorney who does.

 

To explore this subject, I interviewed Douglas C. Sinski with the law firm Schwartz & Sinski located in Southampton.

 

Doug advised that his clientele is divided almost evenly between buyers and sellers, and all are a result of referrals.

 

I started by asking about the Property Condition Act that became effective in New York on March 1, 2002 intended to aid buyers of residential properties. It requires a seller to answer forty-eight questions contained in a disclosure form but does not relieve buyers of their responsibility to conduct their own due diligence. The law also allows the seller to issue a $500 credit against the purchase price of the home at closing in lieu of providing the Property Condition Disclosure Form. (PCDF)

 

DS: Given the price of homes in the Hamptons real estate market, it makes perfect sense for the seller to give the $500 credit to the buyer in lieu of filling out the form, which may not be the case in some upstate communities. We never let our clients fill out the form. A seller who does is subject to a court action for up to six years from the date of signing it.

 

JV: Explain the merger clause in the contract of sale and specifically its application with respect to the PCDF.

 

DS: The merger clause prevents the buyer from refusing to close, if for example, he didn’t perform a search of the property for liens and other encumbrances before the date of the closing. Usually a buyer would have to demonstrate fraud on behalf of the seller to negate the merger clause. That’s not true with respect to the PCDF. A seller’s simply checking the “I don’t know” box on the form doesn’t relieve them of responsibility.

 

JV: What about when you represent the buyer? Do you ask for the form?

 

DS: Yes we do, even though we are going to perform our own due diligence. It’s a “belt and suspenders” concept, but we never get it.

 

JV: Explain the issue of certificates of occupancy (C of O) with respect to transfer of title.

 

DS: The incorporated villages within the townships require that the C of O be updated on the transfer in the purchaser’s name within thirty days of the purchase of the property. What we do is require the seller to produce an updated C of O within at least thirty days prior to closing as a requirement of the contract. A complication arises when the improvement requires an updated survey issued by the municipality and is not able to do so before the closing. What we do in that case is have the seller declare that no improvements have been made to the prop[erty that would require a new C of O.

 

JV: Are you ever consulted by a seller who is contemplating entering into a contract with a broker regarding the sale of their property, and if so, what advice do you give them?

 

DS: Yes we are. I make sure they understand their obligations to pay the broker’s commission depending on the type of listing agreement they enter into and that the obligation to pay is contingent upon the transfer of the property.

 

JV: On January 1, 2009 the Commission Escrow Act intended to aid real estate brokers in collecting commissions on residential sales became effective. Can you address that?

 

DS: The amendment provides that an affidavit of entitlement filed by the broker before closing would require the seller to deposit the broker’s commission in escrow with the county clerk’s office. I have never seen it used.

 

JV: Just to be clear. The affidavit if it were filed does not constitute a lien on the property?

 

DS: Correct!

 

JV: With respect to transfer taxes paid at closing: the seller transfer tax, the “Mansion Tax” and the “Peconic Bay Region Tax” paid by the seller, to whom are the checks written?

 

DS: They are written to the title company.

 

JV: Am I correct that the “Mansion” and “Peconic” taxes are not deductible when they are p[aid but may be added to the adjusted cost basis when the property is sold?

 

DE: That’s correct.

 

JV: Would you differentiate between a mortgage commitment and the actual funding of the loan?

 

DE: When we have clients purchasing with mortgage financing, we always qualify the standard contract language which says that the commitment is firm even if the lender fails or refuses to fund the loan for any reason. We add: “attributable to the purchaser.” In this way the seller is protected in that the buyer can’t harpoon his own commitment and the buyer is protected against the non -funding which he had no control over.

 

John is a St. John’s University graduate, licensed Real Estate Broker, DOS Certified Instructor, and real estate consultant. He previously taught at NYU, LIU, and The Cook Maran Real Estate School, which he helped found.  www.johnaviteritti.com

Sign up for our weekly newsletter!

Get the top Hamptons events and latest scoop!

What's Happening in the Hamptons

Related Posts

Hamptons Real Estate Market Data – Week of 10/​7/2025
Real Estate

Hamptons Real Estate Market Data – Week of 10/​7/2025

October 14, 2025
An Elevated Enclave with Pool & Tennis
Real Estate

An Elevated Enclave with Pool & Tennis

October 14, 2025
Southampton Village Perfection
Real Estate

Southampton Village Perfection

October 14, 2025

Search Articles

No Result
View All Result

LOCAL EVENTS

Events

14
Oct
14
Oct
-
14
Oct

Southampton Hospital Foundation Golf Outing at Sebonack Golf Club

October 14 @ 09:30 AM - October 14 @ 05:00 PM
Sebonack Golf Club
14
Oct
14
Oct
-
14
Oct

Yizkor Memorial Service

October 14 @ 11:00 AM - October 14 @ 01:00 PM
13 Woods Ln, East Hampton, NY 11937, USA
14
Oct
14
Oct
-
14
Oct

FoodLab’s Tea Talk Tuesdays with SOFO’s Frank Quevedo

October 14 @ 03:30 PM - October 14 @ 05:30 PM
Stony Brook University FoodLab 39 Tuckahoe Rd. Southampton NY 11968
14
Oct
14
Oct
-
30
Nov

Fahrenheit 451 – Bay Street Theater

October 14 @ 07:00 PM - November 30 @ 02:00 PM
Bay Street Theater
14
Oct
14
Oct
-
14
Oct

We Will Dance Again-Simchas Torah Celebration

October 14 @ 07:30 PM - October 14 @ 09:30 PM
13 Woods Ln, East Hampton, NY 11937, USA
Load more listings
Next Post
The Minardi Beach Workout

The Minardi Beach Workout

  • Sag Harbor resident, actor, writer, and teacher Josh Pais has spent decades exploring what it means to be fully present—on screen and in life. Known for his roles in Joker, Ray Donovan, the original Teenage Mutant Ninja Turtles, and many others, he has more than 150 film and television credits to his name. He has now turned his focus inward with his new memoir, Lose Your Mind: The Path to Creative Invincibility, which was released on September 30, 2025.⁠
⁠
Drawing on his years of experience as founder of the Committed Impulse training method, Josh offers readers a bold invitation to release self-judgment, lean into all feelings, and connect with the spontaneous energy that fuels authentic creativity. His message—both playful and profound—challenges the myth of “good” and “bad” emotions and instead celebrates the full spectrum of human experience.⁠
⁠
Josh will visit Sag Harbor for a reading and book signing this Sunday, October 12th from 4:00–5:30 p.m. at Grenning Gallery (26 Main Street, Sag Harbor). ⁠
⁠
📸: Commune Media⁠
⁠
Read the full interview at Hamptons.com (Link in Bio)⁠
.⁠
.⁠
.⁠
.⁠
.⁠
.⁠
#hamptons #joshpais #book #sagharbor #author #actor
  • @linamxn at the Sag Harbor Music Festival! @sagharbormusic 

The four day festival kept the music going over 4 days at various stages in Sag Harbor. 

#sagharbormusicfestival #sagharbor #hamptons #livemusic #linamaxine #local
  • Grab your furry friend and take a stroll to Main Beach with ARF!

Check out the Top Hamptons Events This Weekend!

🐾 ARF’s Stroll to the Sea Dog Walk
📅 When: Saturday, October 11, 2025 | 9AM–12PM
📍 Where: Mulford Farm, 10 James Lane, East Hampton, NY

Enjoy vendors, contests, and giveaways before strolling to Main Beach.

🥣 Chowdah Chowdown
📅 When: Saturday, October 11, 2025 | 12PM–3PM
📍 Where: Springs Tavern and Grill, 15 Fort Pond Blvd, East Hampton, NY

All-you-can-eat chowder and soup from 20 local chefs, plus live music and a mocktail bar — all to benefit the Springs Food Pantry!

🍺 SagtoberFest
📅 When: Sat, Oct 11 – Sun, Oct 12, 2025 | 12PM–8PM
📍 Where: Kidd Squid, 11 Spring St, Sag Harbor, NY

Celebrate Oktoberfest Sag Harbor–style! Enjoy bratwurst, pretzels, oysters, pumpkin stew, and live music by Jon Divello, Woody Boley, Greg McMullen & Jake Lear.

🎬 33rd Hamptons International Film Festival
📅 When: Thurs, Oct 9 – Mon, Oct 13, 2025 | 9AM–10PM
📍 Where: Various Locations

The 33rd edition of HIFF brings a world-class lineup of narrative and documentary films, features, and shorts from around the globe. 

🍪 Levain Bakery: Book Talk & Signing
📅 When: Saturday, October 11, 2025 | 12PM–1PM
📍 Where: BookHampton, 41 Main Street, East Hampton, NY

Meet Levain Bakery cofounders Pam Weekes & Connie McDonald and grab their new book.

🌿 26th Annual Long Pond Greenbelt Celebration
📅 When: Saturday, October 11, 2025 | 10AM–1PM
📍 Where: SOFO Museum, 377 Bridgehampton–Sag Harbor Tpk, Bridgehampton, NY

Enjoy games, crafts, guided walks, face painting, and ice cream!

🎉 CMEE’s Big Birthday Bash!
📅 When: Saturday, October 11, 2025 | 10AM–12PM
📍 Where: SOFO, 376 Bridgehampton–Sag Harbor Tpk, Bridgehampton, NY

Join for crafts, treats, dance, and play!

🛋️ Hub Home Grand Opening Party & Open House
📅 When: Friday, October 10, 2025 | 6PM–9PM
📍 Where: HUB Home, 2183 Montauk Hwy, Bridgehampton, NY

Celebrate the grand opening of HUB Home, a curated consignment shop with luxury furnishings, art, and décor.

Check out more events at Hamptons.com (Link in Bio)
.
.
.
.
.
#hamptons #arf #community #stephentalkhouse #dining #hamptonsfilmfestival
  • The 33rd Hamptons International Film Festival kicked off last Friday with the U.S. premiere of A24’s Eternity starring Elizabeth Olsen, Miles Teller, and Callum Turner.⁠
⁠
Elizabeth Olsen attended the premiere on Friday, and on Saturday sat down with IndieWire’s Editorial Director Kate Erbland at the Sag Harbor Cinema as a part of the festival’s “A Conversation With” series. Later that day, the second “A Conversation With” took place as Ethan Hawke and moderator Alison Stewart talked about Blue Moon, as well as Hawke’s filmography. ⁠
⁠
Sydney Sweeney received the festival’s Achievement in Acting Award following the U.S. premiere of her film Christy in East Hampton. ⁠
⁠
Notable Guests included: Alessandro Nivola, Alec Baldwin, Amanda Peet, Tonatiuh, Miriam Shor, Lois Smith, Tim Blake Nelson, Mareille Enos, Bob Balaban, E. Jean Carroll, Roberta Kaplan, Ellen Barkin, Bernie Telsie, Bill Condon.⁠
⁠
📸: Jess Dalene⁠
⁠
⁠
Check out the full gallery at Hamptons.com (Link in Bio)⁠
.⁠
.⁠
.⁠
.⁠
#hiff #hamptonsinternationalfilmfestival #film #elizabetholsen #sydneysweeney #hamptons #hamptonsfilm⁠
  • When: Fri, Oct 3rd – Sun, Oct 5th, 2025
8am – 5pm

Where: Levain Bakery, 354 Montauk Hwy, Wainscott, NY

Levain Bakery is introducing a new cookie for a limited time: Peanut Butter Dark Chocolate Chip – a decadent mix of creamy and chunky peanut butter with rich dark chocolate chunks. Originally created to celebrate the opening of Levain’s Beverly Hills Bakery, this indulgent new flavor will now be available for just three days only, October 3–5, at all retail bakery locations.

To make the weekend even sweeter, guests who purchase a cookie will receive a Levain Bakery mini tote (while supplies last), a fan-favorite collectible sure to go quickly.

#levain #levainbakery #cookie #minitote #tote #hamptons
  • From world premieres at the Hamptons International Film Festival to SouthamptonFest! ⁠
⁠
Check out the Top Hamptons Events This Weekend!⁠
⁠
🎬 33rd Hamptons International Film Festival⁠
📅 Oct 3 – 13, 2025 | 9AM – 10PM⁠
📍 Various Locations⁠
A global lineup of films, shorts & documentaries.⁠
⁠
🍪 Levain Bakery⁠
📅 Oct 3 – 5, 2025 | 8AM – 5PM⁠
📍 354 Montauk Hwy, Wainscott⁠
Try the Peanut Butter Dark Chocolate Chip cookie + snag a mini tote (while supplies last).⁠
⁠
🎉 13th Annual SouthamptonFest⁠
📅 Oct 3 – 5, 2025 | 10AM – 7PM⁠
📍 Southampton Village⁠
Arts, culture, food & family fun all weekend long!⁠
⁠
🎶 SpringsFest⁠
📅 Oct 4, 2025⁠
📍 1 Parsons Pl, East Hampton⁠
Live music, raffles, crafts, blacksmith demos & more.⁠
⁠
💃 Salsa Social @ The Clubhouse Hamptons⁠
📅 Oct 4, 2025 | 9PM – 11:30PM⁠
📍 East Hampton⁠
Dance the night away w/ DJ Chile & more!⁠
⁠
🐚 34th Annual Largest Clam Contest⁠
📅 Oct 5, 2025 | 12PM – 3PM⁠
📍 Amagansett Life Saving Station⁠
Taste clam chowder, clam pies & cheer on the winners!⁠
⁠
🎷 East Meets West Jazz Jam Session⁠
📅 Oct 5, 2025 | 2PM – 5PM⁠
📍 Southampton Cultural Center⁠
Free community jazz jam – all are welcome.⁠
⁠
🌕 Full Hunter’s Super Moon Hike⁠
📅 Oct 6, 2025 | 6:30PM – 7:30PM⁠
📍 SOFO Museum Parking Lot⁠
Guided evening hike under the moonlight.⁠
⁠
✨ Which event are you most excited for?⁠
⁠
Check out more events at Hamptons.com (Link in Bio)⁠
.⁠
.⁠
.⁠
#hamptons #hamptonsinternationalfilfestival #hiff #jazz #fullmoon #hike #film #levainbakery #community
Facebook Twitter Instagram Youtube
Hamptons.com

Saunders Broadcasting Corp.

Phone: 631-613-8440
Email: [email protected]
Facebook: Facebook.com/HamptonsOnline
Twitter: @Hamptons
Instagram: @HamptonsOnline

About Us | Contact Us

Hamptons.com

  • Lifestyle
  • Events
  • Real Estate
  • Live Cameras
  • Public WiFi

Subscribe

Sign up for our weekly newsletter!

Get the top Hamptons events and latest scoop!

© 2025 Hamptons.com | All rights reserved
Saunders Broadcasting Corp.
Terms & Conditions | Privacy Policy | About Us | Contact Us

No Result
View All Result
  • Spotlight Magazine
  • Lifestyle
    • Featured
    • Entertainment
    • Arts
    • Community
    • Dining
    • Recreation
    • Trending
  • Events
    • Events Calendar
    • Post an Event
    • Gallery
  • Real Estate
    • Real Estate Features
    • Hamptons Real Estate Market Data
    • Search Real Estate
      • Open Houses
      • Search Sales
      • Search Rentals
    • Title Insurance
    • Happening In The Hamptons Podcast
  • Live Cameras
    • All Live Cameras
    • Live Weather Cams
    • Amagansett, Atlantic Avenue Beach
    • Bridgehampton, West Scott Cameron Beach
    • East Hampton Village, Main Beach
    • East Hampton Village, Main Street
    • East Hampton Village, Newtown Lane
    • Hampton Bays, Ponquogue Beach
    • Hampton Bays, Ponquogue Bridge
    • Hampton Bays, Shinnecock Fishing Dock
    • Hampton Bays, Tiana Beach
    • Long Island Aquarium | Coral Reef
    • Long Island Aquarium | Penguins
    • Long Island Aquarium | Shark Tank
    • Montauk, Downtown Circle
    • Montauk, Lars Simenson Skatepark
    • Montauk, Gin Beach & Inlet
    • Montauk, Sunset Beach & Inlet
    • Sagaponack, Sagg Main Beach
    • Sag Harbor, Foster Memorial Beach
    • Sag Harbor, Long Wharf Marina
    • Sag Harbor, Main Street (South)
    • Sag Harbor, Sag Harbor Bay
    • Sag Harbor, Windmill Beach & Bay
    • Shelter Island, South Ferry
    • Southampton, 39A to Montauk Hwy Merge
    • Southampton, Conscience Point Marina
    • Southampton Village, Coopers Beach
    • Southampton Village, Main Street (North)
    • Southampton Village, Main Street (Hildreths)
    • Westhampton, Pike’s Beach
    • Westhampton Village, Main Street (East)
    • Westhampton Village, Rogers Beach
  • Public WiFi
    • Public WiFi Map
    • Public Wi-Fi Support

© 2025 Hamptons.com | All rights reserved
Saunders Broadcasting Corp.
Terms & Conditions | Privacy Policy | About Us | Contact Us