David Lacher

David Lacher

Law Office of David Lacher
  • Business Law, International Law, Real Estate Law
  • Connecticut, New York
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Claimed Lawyer ProfileQ&ASocial Media
Practice Areas
  • Business Law
  • International Law
  • Real Estate Law
Jurisdictions Admitted to Practice
Connecticut
New York
Professional Experience
Founder and Managing Partner
Law Office of David Lacher
- Current
Boutique firm with special concentration in domestic and international corporate and commercial transactions, real estate, and estates and trusts; particular expertise in pharmaceuticals and telecommunications industries
Education
Syracuse University
J.D. (1977)
Honors: published law review article on Federal Freedom of Information Act while first year student
Activities: Law Review Staff Member and Editor
Amherst College
B.A. | Political Science
-
Honors: cum laude graduate; recipient of two John Woodruff Simpson Fellowships
Awards
Educational Leader of the Year
New Rochelle Chamber of Commerce
Honoree
Interreligious Council of New Rochelle
Formal Commendation
City Council of the City of New Rochelle
Awarded for extensive pro bono lobbying efforts at the United Nations on behalf of the City of New Rochelle's effort to attract the World Headquarters of UNICEF
Professional Associations
Business Network International
President, Sound Shore Chapter
- Current
New Rochelle Chamber of Commerce
Board Member
- Current
New Rochelle (NY) Bar Association
Member
- Current
United Hebrew - "Caring For Generations"
Board Member
- Current
Westchester-Putnam School Boards Association
Board Member and current Vice President
- Current
New Rochelle Industrial Development Agency
Board Member
- Current
New Rochelle Board of Education
Current Board Member, Past President & Vice President
- Current
New York State Bar # 1187830
Member
- Current
New York City Bar Association
Member
- Current
Publications
Articles & Publications
Comments on Proposed Revisions of FTC Guides On Promotional Allowances and Services
The Record of The Association of the Bar of the City of New York
Immigration Reform and Control Act of 1983
The Record of The Association of the Bar of the City of New York
Gun Control Legislation in the 97th Congress
The Record of The Association of the Bar of the City of New York
The Response to Snepp v. United States: A Proposal for the 97th Congress
The Record of The Association of the Bar of the City of New York
"Averting the Flood:" Henry J. Friendly and the Jurisdiction of the Federal Courts ? Part I
Syracuse Law Review
The Freedom of Information Act Amendments of 1974: An Analysis
Syracuse Law Review
Websites & Blogs
Website
Website
Legal Answers
18 Questions Answered

Q. Hello, so so to make a long story short. A few months ago I bought a business (restaurant) and it’s a 3 man partnership.
A: The governance of LLCs is determined only partially by state law, but primarily by the LLC Operating Agreement which hopefully your LLC has and hopefully you signed. That agreement should detail both the responsibilities and duties of the officers as well as the options and requirement for withdrawing from the LLC (selling your Member Interests). Without reviewing your LLC Operating Agreement, no one can answer this question definitively. But I would be very surprised if your Operating Agreement permits you to sell your Member Interest to anyone at any time without the consent of your partners in the LLC.
Q. What’s the best way to save money on taxes when trying to form an llc or Corp with personal 1099?
A: So long as your corporation is an S Corp, there is no real practical difference with respect to taxes between that and an LLC. The profits and losses of the business flow through to your personal tax return in either instance. But there might be other considerations which favor one form of entity over another. For sure, it is more expensive to form an LLC in New York State because of the publication requirement, which does not apply to other business entity forms.
Q. Is an accepted offer on a house binding in the state of NY
A: Your real estate agent told you correctly. There is no contract for the sale of real estate in the state of New York unless and until the seller signs the contract, and in addition, the signed contract must actually be delivered back to the purchaser or to the purchaser’s lawyer.
Q. How would creating a lifetime revocable trust allow me to avoid probate?
A: No probate is required for trust-owned/trust-titled assets. The trustee is responsible for distributing those assets in accordance with the terms of the trust, without separate court permission, without separate waivers or consents from any third parties, and without additional separate authority needing to be granted to the trustee. But the main point is, the mere creation of such a trust accomplishes nothing by itself. Once the trust is created, all the individuals’s assets must be transferred into the trust or otherwise retitled in the trust. An unfunded trust is not worth the paper it is printed on.
Q. I was just married and we would like to have me added to deed of property. How do I go about doing this?
A: Your wife creates a new quitclaim deed with her as the party of the first part and both of you as party of the second part. You have to determine what form of join ownership you want to have, with or without right of survivorship.
Q. ADD PEOPLE TO HOUSE DEED
A: Usually this is fairly simple via a quitclaim deed from the current owners to all of the people whom you want to be on the deed. There could potentially be some mortgage issue if there is a current lender. But this should not be a complicated transaction.
Q. Can a buyer back out or ask for more money after an offer has been accepted?
A: First of all, I believe you are asking if a Seller can back out and ask for more, not a buyer. Not sure why you had more than one inspection and spent money on a title search in advance of having a signed contract. The bottom line is, there is no firm binding deal until there is a signed contract. If you delayed signing the contract, then you took on the risk that the Seller might decide not to sell to you after all, or might ask for money to proceed with the deal. You have no recourse in my view. Now you will have to wait and see if the Seller really has the will to pull the deal from you (and a backup offer), or whether he/she will relent after all.
Q. Can a landlord retroactively ask for more rent? They've cashed my checks for 13 months, but there's no lease.
A: There is no legal basis for you to have to pay back rent above what you paid and what was accepted for all that time. However, without a lease, you can be evicted on 30-days’ notice.
Q. How long do sellers have to close on a house? It is already 30 days past the one or about date, I the buyer am ready
A: The conventional wisdom is that the “on or about” closing date affords both parties a “float” of up to 30 days. In fact, there is no established law that specifies the 30 days. It could be less, depending upon the circumstances. In your case, more than 30 days has elapsed. You are well within your right to declare “time of the essence” by having your attorney write a letter. And theoretically you could recover damages for all costs and losses past the stated time of the essence date. It all sounds good but as a practical matter, it is hard to recover anything meaningful. The seller is in a much stronger position in a time of the essence case because he is holding your contract deposit.
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Westchester Office
270 North Avenue
8th Floor
New Rochelle, NY 10801
USA
Telephone: (914) 355-5900