Blog

Over the past 25 years, the real estate brokerage industry has changed dramatically. The use of the computer, the presence of the internet, the shift to buyer brokerage as well as seller brokerage and the consolidation of small firms into large firms which dominate our marketplace, could hardly be envisioned.
Continue reading ““Let the Broker Beware” (Supervision of Independent Contractors)”

On April 22, 2010, new regulations adopted by the Environmental Protection Agency (“EPA”) became effective. These EPA regulations address the handling of lead-based paint during renovations in target housing. “Target Housing” means any residence built prior to 1978 and “child-occupied facilities”. For Realtors, ensuring that recommended contractors are properly certified when renovations or repairs are made to pre-1978 private housing and general familiarity with the law and regulations are essential.
Continue reading “The Realtor’s Role – 2010 Lead-Based Paint Regulations”

Early in 2009 Amanda Hansen, a 16 year old living in West Seneca, New York, spent the night at her friend’s home. She slept in a bedroom which was in the basement. When she could not be roused the following morning she was taken to South Buffalo Mercy Hospital where she later passed away having been exposed to lethal levels of carbon monoxide.
Continue reading “Amanda’s Law”

On December 15, 2009, an informal response was given by the New York State Bar Association’s Committee on Professional Ethics (Inquiry No. 43-09) in which the State Bar Association clarified circumstances in which a lawyer may ethically participate in a residential real estate transaction, when the Seller has agreed to increase the sales price “in an amount equivalent to the amount of the Seller’s concession”. This excellent response by Committee Chair, Roy D. Simon, will be helpful to many lawyers who have avoided any transaction involving a gross up of a contract price with an equivalent Seller concession.
Continue reading “Seller Concessions – New York State Bar Association Clarifies Ethics Opinion”

Real Property Law Section 440-a. provides that a person cannot obtain a license as a real estate salesperson or broker if that person was convicted of a felony and has not subsequently received an executive pardon, a Certificate of Relief from Disabilities or a Certificate of Good Conduct. What, then, are the realistic possibilities that an individual once convicted of a felony can regain a license to act as a salesperson or licensed real estate broker?

Nature of the Conviction

Section 440-a. of the Real Property Law does not differentiate between types of felony convictions. Section 440-a. states in relevant part:

“No person shall be entitled to a license as a real estate broker or a real estate salesman under this article who has been convicted in this state or elsewhere of a felony, and who has not subsequent to such conviction received executive pardon therefor or a certificate of good conduct from the parole board, to remove the disability under this section because of such conviction.”

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Sandra Bullock’s Golden Globe best actress role in “The Blind Side” involved a homeless youngster in the City of Memphis, Tennessee who came from the wrong side of the tracks. The youngster’s life was changed by a family which chose to embrace a high school student who ultimately became an All-American football player at Ole Miss and who is now with the Baltimore Ravens. The scenes of the City of Memphis are compelling. Recently, a fair housing lawsuit was filed by the City Fathers in Memphis against Wells Fargo in which it is contended that the Bank’s “unlawful, irresponsible, unfair, deceptive and discriminatory” mortgage policies and practices during the early part of this past decade has led to a City crippled by foreclosures. More than 23,000 foreclosures throughout Memphis have dropped property values. According to the City Fathers, these foreclosures have eroded a tax base which supports the City and County services.
Continue reading “Fair Housing Reminders”

The Federal Fair Housing Act of 1968 (the “Act”) was enacted to protect individuals from discrimination by sellers or landlords in purchases and/or rentals of homes as well as other housing based transactions such as mortgage financing and advertising. An individual’s background cannot be used to arbitrarily restrict or prevent access to the ownership or rental of property. Initially, the law was targeted to protect against discrimination based on race, color, religion or national origin, and in fact, was passed one week following the assassination of Martin Luther King, Jr. Throughout the past few decades, the law has been significantly expanded to extend to discrimination based on sex/gender (1974), handicap (1988) or familial status/families with children (1988).
Continue reading “Fair Housing Expansion”

On August 18, 2009, the Appellate Division Second Department rendered an opinion in the matter of Daly v. Kochanowicz (884 N.Y.S.2d 144; N.Y.A.D. 2 Dept. [2009], 884 N.Y.S.2d 144 [2009]). This decision is a perfect teaching tool for real estate licensees and attorneys, as to how “Caveat Emptor” is applied in New York.
Continue reading “Daly v. Kochanowicz Caveat Emptor is Alive and Well in New York”

While broker to broker open houses are clearly an appropriate way to introduce a property to cooperating brokers, public open houses have been the subject of numerous articles over the past decade either lauding or rejecting their efficacy. If you are a broker who utilizes public open houses for marketing purposes, extreme caution should be used in order to ensure regulatory compliance and the protection of the homeowner.
Continue reading “Public Open Houses, an Opportunity for Error”