US-New YorkWhat happens if I buy property from someone who doesn't have valid title?
If you buy property from someone without valid title in New York, you generally do not acquire legal ownership—even if you acted in good faith—unless you qualify as a bona fide purchaser for value without notice, which is rare in real estate due to recording requirements.
What the Law Says
New York law prioritizes recorded interests and protects prior claimants over later buyers who fail to discover defects in title. The cornerstone is the recording statute, which determines priority among competing claims to the same property.
Under New York Real Property Law § 291, a conveyance of real property is void against any subsequent purchaser for valuable consideration without notice, whose conveyance is first recorded. This means that even if you sign a deed and pay money, your interest is unenforceable against someone who recorded earlier—or against the true owner—if you had (or should have had) notice of a defect.
Notice can be actual (you knew), constructive (it was recorded in the county clerk’s office and would appear in a title search), or inquiry (facts existed that would prompt a reasonable person to investigate further). Most buyers are charged with constructive notice of all properly recorded instruments.
New York does not recognize 'title by adverse possession' for purchasers in this context—and unlike some states, it does not have a strong 'bona fide purchaser' doctrine for real estate that overrides unrecorded interests absent strict compliance with recording and due diligence.
Statutory TextEvery conveyance of real property… is void as against any subsequent purchaser for a valuable consideration, without notice, whose conveyance is first recorded.
— Real Property Law § 291 — Priority of recorded conveyances
What Courts Have Said
New York courts consistently hold that a buyer cannot gain superior rights to property when the seller lacked authority or title—especially where red flags existed or proper title search would have revealed defects.
Court held that a buyer who failed to examine the chain of title could not claim bona fide purchaser status when the seller’s deed was forged; constructive notice defeated the claim.
Buyer who purchased from heir who lacked authority to sell (due to pending probate) acquired no enforceable interest; title remained with the estate.
What to Do
Before closing, hire a licensed title company or attorney to conduct a full title search at the county clerk’s office.
Verify the seller’s identity and authority—e.g., check for probate orders, powers of attorney, or court appointments.
Ensure your deed is recorded promptly at the county clerk’s office (e.g., NYC: Manhattan County Clerk) to establish priority.
If you discover the seller lacked title, consult an attorney immediately—you may have claims for fraud, rescission, or restitution within 90 days under CPLR 213(8).
In some cases, you may pursue a quiet title action (RPAPL Article 15) to resolve competing claims—but success requires proving superior right, not just payment.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.