Legal/Advocacy

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…

Read More

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…

Read More

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.…

Read More

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…

Read More

LEGAL CORNER: Broker’s Duty to Supervise: Changes in Light of the New Housing Discrimination Legislation

January 12, 2022

On Dec. 21, 2021, Gov. Kathy Hochul signed expansive new legislation contained in nine bills aimed to combat housing discrimination in New York State [see https://on.ny.gov/3FfcBXJ]. The legislation was passed as a direct result of Newsday’s investigative report entitled “Long Island Divided” [see https://bit.ly/3zKUQP0] and addresses many of the concerns and issues uncovered in the…

Read More

LEGAL CORNER: Discrimination Cases from Newsday’s ‘LI Divided’ Finally Making Their Way Through the System

December 13, 2021

It has been over two years, Nov. 17, 2019, since Newsday published its comprehensive and devastating investigative report entitled “Long Island Divided” [see https://bit.ly/3yq9Elz]. The article sent shock waves through the entire real estate industry. Newsday’s article became the catalyst that launched a major movement, led by state and local governmental officials and agencies, such…

Read More

LEGISLATIVE AFFAIRS: December Legislative Update

December 8, 2021

The end of the legislative year in Washington D.C. is at hand and as of this writing Congress passed a landmark infrastructure bill that President Biden signed into law. This was indeed ground-breaking. The country has not had a multi-year infrastructure bill since President George W. Bush signed the bill into law in 2005. Billions…

Read More

LEGAL CORNER: Court Decisions Regarding ‘Time of the Essence,’ ‘Reasonable Time,’ Retaining the Down Payment in Transactions

November 12, 2021

In connection with every real estate transaction in New York, real estate attorneys and real estate agents discuss with their clients, whether they are sellers or buyers, what the “closing date” will be and how it is to be determined, often utilizing terms such as “on or about closing date,” “reasonable time” and “time of…

Read More

BARRISTER'S BRIEFING: Getting More Than One Month’s Rent in Advance: Seasonal Rental Amendment to the Housing Stability and Tenant Protection Act

October 12, 2021

Back in 2019, the New York legislature enacted a broad new law that provided sweeping housing reforms and protections for tenants relating to permanent residential housing. Among these rent regulations was one that caught many landlords and real estate agents by surprise and I am still asked, nearly two years later, to confirm or explain…

Read More

LEGISLATIVE AFFAIRS: September Legislative Update

September 7, 2021

Realtors won a victory at the federal level when the Supreme Court struck down a CDC eviction moratorium by a 6-3 margin reasoning that the CDC exceeded its authority to issue the moratorium absent Congressional legislation. Forty-two billion dollars in rental assistance was passed by Congress in March. To date, nationally, only $11 billion has…

Read More