Edward I. Sumber Archives | Dolgetta Law

Anti-Trust and Realtors

admin — Fri, 01 Nov 2013 15:19:25 +0000

On October 4, 2013 I had the privilege of attending the legal seminar sponsored by the Legal Affairs Department of the National Association of Realtors®. At this exceptional forum for attorneys who represent Realtor® associations and their state associations, Associate General Counsel Ralph Holmen presented the material on antitrust law. He reminded all attendees that … Continue reading "Anti-Trust and Realtors"

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Broker Compliance and Supervision (Starting Over)

admin — Wed, 30 Oct 2013 15:21:14 +0000

Just over three years ago, the article “Let the Broker Beware” (Supervision of Independent Contractors) appeared in Real Estate Indepth. In this relatively short period of time, the regulatory scheme has changed dramatically. Agency relationship disclosure under Real Property Law Section 443 has been amended twice. On January 1, 2014 new advertising regulations encompassing real … Continue reading "Broker Compliance and Supervision (Starting Over)"

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STAR Tax Exemption

admin — Sun, 01 Sep 2013 15:29:27 +0000

Most New York State homeowners are familiar with the STAR Exemption program otherwise known as the School Tax Relief Program. The Real Property Tax Law was amended during the administration of Governor George Pataki to create a partial exemption from school taxes for most owner-occupied primary residences in New York State. New York State has … Continue reading "STAR Tax Exemption"

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Can a Co-op Director be Held Personally Liable for Discrimination?

admin — Fri, 30 Aug 2013 15:42:41 +0000

The Appellate Division, First Department decision in the case of Alphonse Fletcher, Jr. et al. v. The Dakota, Inc., et al. continues to be the subject of much discussion in the legal community. This case represents a wakeup call for every director of a cooperative corporation or condominium association alerting them once again that they … Continue reading "Can a Co-op Director be Held Personally Liable for Discrimination?"

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D.O.S. Opinion Ends Use of Corporate Titles by Real Estate Salespersons

admin — Sun, 30 Jun 2013 15:45:29 +0000

Historically, it has been common practice for real estate licensees in Manhattan and often in other areas of New York State, to be granted by their principal broker, the right for marketing purposes, to refer to themselves as “President, Vice President, Senior Vice President, Executive Vice President, Managing Director” or similar titles. This is a … Continue reading "D.O.S. Opinion Ends Use of Corporate Titles by Real Estate Salespersons"

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New York High Court Determines How to Measure Damages When Buyer Defaults White v. Farrell

admin — Thu, 30 May 2013 15:49:55 +0000

The New York court system is broken up into four separate Judicial “Departments” so that there is a First, Second, Third and Fourth “Department” divided geographically. The New York State Court of Appeals on March 21, 2013 rendered a decision in which it has defined how to measure a seller’s damages for a buyer’s breach … Continue reading "New York High Court Determines How to Measure Damages When Buyer Defaults White v. Farrell"

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Radon, the Silent Killer!

admin — Tue, 30 Apr 2013 15:55:19 +0000

While Realtors uniformly recommend that prospective home purchasers obtain a radon test, few fully understand what radon is and its serious implications. We are well aware that smoking is the leading cause of lung cancer. Few however, are aware that radon is the second leading cause of lung cancer and is ranked highest from “natural … Continue reading "Radon, the Silent Killer!"

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Teams

admin — Sat, 30 Mar 2013 15:56:51 +0000

Dramatic advances in technology over the past two decades have changed the way Realtors conduct business. Just twenty years ago, multiple listing services were still printing books of listing data and hand held mobile computing devices were not yet commonplace. Market trends in the real estate industry resulted in larger and larger firms and the … Continue reading "Teams"

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Illegal Apartments and the Collection of Rent

admin — Fri, 01 Feb 2013 16:00:02 +0000

This article addresses the recent decision in the Civil Court in the City of New York (Richmond County) (Staten Island) issued by Judge Philip S. Straniere, dated September 19, 2012. The case involves a not unusual circumstance, the rental of an illegal apartment by a Landlord and the consequences to the Landlord and Tenant of … Continue reading "Illegal Apartments and the Collection of Rent"

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Finder’s Fees

admin — Wed, 30 Jan 2013 16:06:32 +0000

This article will address whether a person who is not licensed as a broker or salesperson under New York law can receive compensation in the form of a “Finder’s Fee” in connection with a real estate transaction. What is a Finder’s Fee? “Finder’s Fees” are commonplace in the investment and banking businesses. A finder is … Continue reading "Finder’s Fees"

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