Legal/Advocacy

NYSAR Urges Realtors Take Action Against DOS Guidance Barring Certain Commissions

February 2020

ALBANY—The New York real estate industry, particularly downstate, is reeling from guidance recently released by the Department of State that now among other changes regarding regulations on landlords and agents prohibits a landlord’s agent from collecting a broker/fee commission from a tenant in residential rental transactions. The guidance, part of a sweeping update released by…

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LEGAL CORNER: 2020 Vision: A Clear Focus on Fair Housing and Professionalism

January 2020

In December, this column focused on the extensive multi-year investigation conducted by Newsday (see https://bit.ly/357OA3L) and the widespread fair housing violations and discrimination taking place on Long Island. The Newsday investigation opened the eyes of the real estate industry to the discrimination that is still taking place many decades after the enactment of the original…

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NY State Real Estate Board Approves New Fair Housing Disclosure Rules

December 2019

ALBANY—In response to recent published reports of alleged fair housing discrimination on Long Island, the Real Estate Board of New York on Dec. 16 approved new regulations for real estate professionals to help combat housing discrimination. The new regulations, which the New York State Real Estate Board approved today, mandate enhanced disclosures by real estate…

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BARRISTER'S BRIEFING: Virtual Staging or Virtual Misrepresentation?

December 2019

As technology continues to develop, the fine line of what is permissible and impermissible continually gets rubbed away. Most recently, the issue of staging has jumped to the forefront and perhaps it’s beneficial that we address it as it relates to virtual reality. Traditional Staging Standard staging has been popular for decades. With the desire…

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BARRISTER'S BRIEFING: ‘The Times They are a Changin’

November 2019

As we all know, time waits for no one and as the clock continues to tick, the lives we lead are subject to change. This includes everyone who holds a real estate license. As time marches on, we all have to adjust, change and grow. Change in NAR Code of Ethics Training Requirement On Nov.…

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HUD, Justice Department Agree to Ease Use of False Claims Act

October 2019

WASHINGTON—U.S. Housing and Urban Development Secretary Ben Carson and U.S. Attorney General William Barr issued a Memorandum of Understanding on Oct. 28 between the two agencies that sets what the two agencies say is “prudential guidance on the appropriate use of the False Claims Act for violations by Federal Housing Administration lenders. “This agreement clearly…

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LEGAL CORNER: I Told You I Wanted a View of the City!

October 2019

In a recent decision, Widlitz v. Douglas Elliman, LLC, (see https://bit.ly/2AZ2BTH), the plaintiff commenced an action against her real estate broker and attorney based on a variety of claims, such as breach of fiduciary duty, negligent misrepresentation and fraudulent misrepresentation, because the newly constructed condominium unit she was in contract to purchase did not have…

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LEGAL CORNER: My Lender Would Not Proceed with My Loan and I Just Lost My Down Payment!

September 2019

In a recent decision, Sanjana v. King (see https://bit.ly/2kDGf5K), the Appellate Division, First Department, affirmed the Supreme Court’s decision, (see https://bit.ly/2Mw924T) which held that a seller could retain the purchasers’ down payment of $110,000 as liquidated damages where the purchasers failed to timely cancel the contract of sale in accordance with its terms when the…

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LEGAL CORNER: The New Rent Laws: Confusion and Anger

August 2019

Since the passage of the Statewide Housing Security and Tenant Protection Act of 2019 (the “2019 Act” or “Act”) [see https://bit.ly/2xA6lth] on June 14, 2019, the Hudson Gateway Association of Realtors, Inc. has been receiving many inquiries regarding the act. Among some of the commonly asked questions relate to: (1) whether the 2019 Act applies…

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BARRISTER'S BRIEFING: Show Me the Money: Earning Your Commission

August 2019

“Show me the Money!” That is one of the most memorable sports movie quotes in history. I challenge anyone to say that they never heard it or that they haven’t said it themselves. Realtors should say, “Show me the commission!” The problem is, sometimes they’re entitled to it, other times they’re not. So, here’s a…

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LEGAL CORNER: Major Changes to the NY Rent Regulation Laws: The Statewide Housing Security and Tenant Protection Act of 2019

July 2019

On June 14, 2019, Gov. Andrew Cuomo signed into law the controversial Statewide Housing Security and Tenant Protection Act of 2019 [see https://bit.ly/2xA6lth]. The act went into effect immediately and it significantly modifies and expands the existing rent regulations. The act changes both the legal and business landscape in the New York real estate market…

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BARRISTER'S BRIEFING: Who Has the Photo Rights?

July 2019

Did you know that you can be fined/sued for photos that appear on your webpage that you never personally posted? Well, you can, but you can also protect yourself… and you should! Photograph Copyright A copyright is a legal device that gives the author of a creative work the sole right to publish and sell…

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