Legal/Advocacy

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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LEGAL CORNER: Real Estate Contracts, Leases and the Statute of Frauds

May 11, 2022

Over the years there have been a multitude of lawsuits filed involving whether a valid contract was entered into between purchasers and sellers of real property. Recently, in Cohen v. Holder, the Appellate Division, Second Department, issued an opinion dealing with this issue once again. The Statute of Frauds is a common law concept that…

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BARRISTER'S BRIEFING: Contractual Agreements: Binding Parties and Termination

May 3, 2022

Real estate transactions begin and end with contracts. Lots and lots of contracts. This month, I’m going to address some issues related to these contracts. Executing a Contract While an agent is the party who meets with the client (buyer or seller), negotiates all the terms, and does all the “heavy lifting,” it’s the broker…

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LEGAL CORNER: The Security Deposit and Landlord’s Obligation to Mitigate Damages Under the 2019 HSTPA

February 15, 2022

In a recent decision, 14 East 4th Street Unit 509 LLC v. Toporek [see https://bit.ly/339BzL5], the Appellate Division, First Department discusses the requirements contained in the Housing Stability and Tenant Protection Act of 2019 relating to the landlord’s duty regarding security deposits and landlord’s duty to mitigate damages upon a tenant breach of the lease.…

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BARRISTER'S BRIEFING: REALTOR® Trademark Usage: Just Use It (Correctly)

February 9, 2022

As members of HGAR, you are a REALTOR®. That REALTOR® mark signifies a member’s commitment to protecting clients, the public and other real estate professionals, as well as to conducting business with integrity and providing high standards of real estate service. It’s a privilege to be able to use that mark. Whether you realize it…

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