LEGAL CORNER: What a Difference a Few Months Makes

May 19, 2023

The Banking Crisis, Commercial Real Estate, the Debt Ceiling, Fears of Recession In January and February, the stock market had rebounded nicely from a difficult 2022, and while interest rates remained at elevated levels, they were off of the highs reached in November. Both the stock market and real estate market seemed to stabilize somewhat…

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LEGAL CORNER: Important Recent State and Federal Court Decisions

April 12, 2023

Various state and federal court decisions have been issued recently impacting the real estate industry. At the federal level, two important decisions have been issued relating to antitrust lawsuits involving the payment of real estate commissions and the Department of Justice’s investigation initiated in 2019 into the National Association of Realtors’ Clear Cooperation Policy and…

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LEGAL CORNER: The Impact of FTC’s Proposed Rule Banning Non-Compete Clauses

March 14, 2023

On Jan. 5, 2023, the Federal Trade Commission issued a proposed rule (see] (“Notice of Proposed Rulemaking” or NPRM), that would ban employers from imposing non-compete clauses and agreements on employees. The public comment period for the NPRM ends on April 19, 2023. The rule’s genesis stems from an Executive Order issued by President…

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LEGAL CORNER: Where Do Cryptocurrency, Blockchain Technology And the Metaverse Stand in the R.E. Industry in 2023?

February 7, 2023

In early 2023, it is clear that cryptocurrency, blockchain technology and the metaverse are on track for a significant recovery. In 2020 and 2021, increased interest in blockchain technology and significant investment in cryptocurrency and the metaverse became a major focal point for companies and investors alike. Throughout 2022, however, we witnessed what has been…

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LEGAL CORNER: A Tumultuous 2022 and an Optimistic Look Ahead at 2023

January 10, 2023

Real estate investment and housing make up a very important and critical component of the U.S. economy. Housing averages roughly 15% to 18% of the Gross Domestic Product (GDP) annually. The National Association of Home Builders (NAHB) explains that the contribution of real estate and related services to GDP occurs in two ways: (1) “Residential…

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BARRISTER'S BRIEFING: They Might Be Watching or Listening: New Eavesdropping Disclosures

November 14, 2022

For years, people have been able to eavesdrop on others. This had been done by wiretapping phones, electronic listening devices and cameras. Sometimes these devices are obvious; other times, they’re hidden. Today, home security systems and “nanny cams” are everywhere. Recently, NYSAR came out with new disclosure forms and recommended disclosure language relating to the…

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LEGAL CORNER: Recent Court Decision and a Review of Adverse Possession

October 12, 2022

While many real estate professionals are familiar with the concept of adverse possession, few consider the issues that can arise when selling and purchasing real property. The concept has been around for ages. In its basic form, the concept allows a person who takes possession of real property, makes improvements to it, possesses it in…

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