The real estate industry is going through notable changes. New changes are being proposed to the Advertising Regulations (Section 175.25) of the New York State Department of State’s Regulations, as well as the introduction of new policies by the National Association of Realtors. These and other recent developments are coming at a time when the…
Read MoreWASHINGTON—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…
Read MoreIn 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…
Read MoreIt’s Halloween, so let’s delve into the darker side of real estate with a ghost story and a discussion on a Realtor’s duty to disclose. The Story Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991), was a lawsuit that has been talked about for years and has had far-reaching impact on the industry.…
Read MoreAs Realtors, you have a duty to do what’s in the best interest of your clients. This includes marketing a client’s property to the best of your ability. This has created the trend of “Coming Soon” and “Office Exclusive” marketing. Although these may sound beneficial to the client, they create challenges that can quickly get…
Read MoreIn 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…
Read MoreHealth insurance is of the utmost importance to every American no matter what profession they are in. It can determine what type of care someone gets and what level of care they can afford. Realtors are independent contractors and, in most cases, cannot obtain health care through their brokerage affiliation. If the Realtor is a…
Read MoreSince 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…
Read More“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…
Read MoreOn 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…
Read MoreDid 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…
Read MoreOn March 4, 2019, the Second Circuit Court of Appeals in New York in Francis v. Kings Park Manor, Inc. (see https://bit.ly/2Kd38bo) found that a landlord can be held liable under the Federal Fair Housing Act (see https://bit.ly/2WBzEdH) and the New York State Human Rights Law (see https://dhr.ny.gov/law) for failing to protect a tenant from…
Read MoreAs agents it’s common for us to make and/or receive offers on properties, at least we hope that it’s common. Because it’s common, we often forget the rules surrounding the making and receiving of offers. It’s important to keep these rules in mind so you don’t run afoul of the HGMLS Rules and Regulations or…
Read MoreOn April 12, 2019, the “Lawful Source of Income Non-Discrimination Act of 2019” was signed into law by Gov. Andrew Cuomo. Most of you in Westchester Count might be saying to yourself, “Wait, wasn’t source of income already a protected class?” The answer to that is, “yes.” Back in 2013, the Westchester County’s Board of…
Read MoreOn April 10, 2019, the Appellate Division for the Second Judicial Department issued a decision in Comora v. Franklin (see https://bit.ly/2H90yk4) holding that the defendants in the case, the seller and seller’s agent, had no duty to disclose to the buyer, based on the doctrine of “Caveat Emptor” (i.e., “Buyer Beware”), the existence of humidity…
Read MoreThe filing of the charge of discrimination on March 28, 2019 (see https://bit.ly/2OxXTCC) against Facebook, Inc. by the Secretary for Fair Housing and Equal Opportunity with the Department of Housing and Urban Development comes at a time of the year when the real estate industry’s focus is on Fair Housing, particularly because it commemorates the…
Read MoreWHITE PLAINS—Brian Levine, Esq., of Stamford, CT has recently been appointed In-House Counsel/Director of Legal Services & Professional Standards Administrator for the Hudson Gateway Association of Realtors. Levine comes to HGAR with nearly two decades of legal experience, including real estate, contracts, refinancing, litigation/mediation/arbitration, insurance, regulatory agency compliance, commercial contracts/development, and tortuous interference of business…
Read MoreIt is the middle of the tax season and it important to highlight some of the major provisions of the Tax Cuts and Jobs Act (“TCJA”) (see http://bit.ly/2jZX47p) passed in December, 2017, affecting the real estate industry. The TCJA includes many new provisions, and retained some previous provisions, with both positive and negative effects on…
Read MoreALBANY—New York State Comptroller Thomas DiNapoli released a report earlier this month that showed foreclosures in New York State are on the decline and court filings are in nearly 50% below near peak levels posted six years ago. Mortgage foreclosure filings across New York dropped 46% between 2013 and 2018, from 46,696 to 25,334, according…
Read MoreOn Jan. 15, 2019, the Ninth Circuit Court of Appeals issued its decision in Robles v. Domino’s Pizza, LLC (see https://bit.ly/2SDzfF7), which sheds some additional light on the requirements “places of public accommodation” (which include real estate brokerage firms, Realtor associations, and other businesses) are subject to under the Americans with Disabilities Act (see https://bit.ly/2dXuamI)…
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