Toxic Mold has become a growing problem in today’s real estate industry. Many home buyers are not aware of the potential health risks and concerns associated with toxic mold. Real estate professionals, including Realtors®, attorneys and home inspectors, must be aware of the immense legal liability surrounding its existence. The growing awareness of health risks and liability issues has resulted in an increasing number of claims made by new home buyers and tenants for illnesses caused by mold. A bill has been introduced in New York State to create a statutory framework to deal with mold, mold remediation and disclosure.
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Category: John Dolgetta
John Dolgetta is the principal and managing member of the law firm. John received his Juris Doctor degree from Pace University School of Law and also received the School’s Certificate of Concentration in International Law. His areas of concentration include real estate, real estate agency law, commercial leasing, corporate and commercial transactional law, mergers and acquisitions, representation of commercial and residential lenders, and wills, trusts and estates. John and his firm acts as general outside corporate counsel to the Hudson Gateway Association of REALTORS®, Inc. (“HGAR”), the second largest REALTOR® trade association in New York State (with nearly 11,000 members) and one of the largest in the nation. John’s firm also serves as general corporate counsel to the Hudson Gateway Multiple Listing Service, Inc. (“HGMLS”), a wholly owned subsidiary of HGAR. [Read More]
Marketable and Insurable Title: Concepts All Real Estate Professionals Should Understand
The terms “marketable title” and “insurable title” are very common real estate terms which come up in every contract for the sale of real property. They are terms that are frequently used but not fully understood. It is important for real estate professionals, including lawyers, title insurance agents, mortgage brokers, lenders and real estate brokers, to understand the meaning of these terms and recognize their importance.
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Fellow Realtor, Don’t SPAM Me!
Whether you are dealing with a fellow Realtor in soliciting interest in a property or you are dealing with members of the public, customers or former clients, compliance with the Federal Marketing Restrictions on faxes, e-mails and phone solicitations are an absolute necessity.
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Our Government At Work: Justice Department Sues NAR
The National Association of Realtors (“NAR”) has been in negotiation with the United States Department of Justice (“DOJ” or “Justice Department”) regarding its IDX and VOW policies for some time. IDX, also known as the Internet Data Exchange policy, refers to the Internet data display of listings, in advertising format, of all of the Brokers affiliated with the Multiple Listing Service (“MLS”). VOWs refer to the business model referred to as “Virtual Office Websites” which have been the subject of several articles written in this column.
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Friends of the Earth v. Crown Central Petroleum: The Surrogate Enforcer Must Be Allowed to “Stand Up” for the Clean Water Act
This Case Note examines the doctrine of standing in light of the Fifth Circuit’s decision in Friends of the Earth, Inc. v. Crown Central Petroleum Corp. The decision in Crown Central deals with the doctrine of standing and whether the environmental organization, Friends of the Earth (FOE), met the requirements of standing necessary to bring a lawsuit under the Clean Water Act (CWA or Act). Here, FOE brought suit against Crown Central Petroleum alleging discharge and reporting violations under the CWA. The Fifth Circuit held that plaintiffs, who use a waterway (a lake) approximately eighteen miles downstream from the defendant’s point of discharge, did not adduce sufficient evidence to survive a motion for summary judgment because they did not meet the “fairly traceable” requirement of standing established by the Supreme Court.
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