Friday, September 15, 2017

IMPORTANT NOTICE REGARDING CEASE AND DESIST ZONES FOR BRONX AND QUEENS COUNTIES

On September 12, 2017 the Department of State (the “Department”) filed a Notice of Adoption to establish cease and desist zones for parts of Bronx and Queens Counties. The regulations relating to these zones will go into effect on October 1, 2017 and will expire on October 1, 2022.

After several public hearings and obtaining information from homeowners within the designated zones, the Department concluded that regulations were necessary to protect individuals unwanted, intense and repeated solicitations.

While the zones are in effect, it will be unlawful for any licensed real estate broker or salesperson, or any other person regularly engaged in the business of buying and selling property to solicit a homeowner within the zone that has filed a notice with the Department requesting not to receive such solicitations. A list of homeowners that have filed such statements will be available on the Department’s website for free, or available for purchase for $10.00. The Department expects the first list to be available beginning December 1, 2017.

Sending solicitations to a homeowner that has registered with the Department can result in monetary fines, suspension or revocation of licensure. If necessary, enforcement proceedings will commence after January 1, 2018.

The zones include the following parts of Bronx and Queens Counties:

Bronx County:
All the land west of the Eastchester Bay south of Griswold Avenue to Bruckner Expressway; thence southerly along the Bruckner Expressway/Throgs Neck Expressway to Layton Avenue; then easterly to the Eastchester Bay.

Queens County:
The sections of the area of land in the County of Queens, City of New York, within the neighborhood commonly referred to as College Point, and more specifically bounded by and described as follows:
Beginning at the intersection of interstate 678 and the East River; thence southerly along interstate 678 to the intersection of interstate 678 and 14th Avenue; thence westerly along 14th Avenue to College Point Boulevard; thence southerly along College Point Boulevard to 28th Avenue; thence westerly to Flushing Bay; thence northeasterly along Flushing Bay and the East River to the point of the beginning.

The sections of the area of land in the County of Queens, City of New York, within the neighborhoods commonly referred to as: Bay Side, Bay Terrace and Murray Hill, and more specifically bounded by and described as follows:

Beginning at the intersection of the Cross Island Parkway and 149th Street; thence southerly along 149th Street to 46th Avenue; thence easterly along 46th Avenue and continuing along Hollis Court Boulevard to interstate 495; thence easterly along interstate 495 to the Cross Island Parkway; thence northerly along the Cross Island Parkway to the point of the beginning.

If you have any questions regarding the cease and desist zones for Bronx or Queens Counties, you may email questions to the Department at: licensing@dos.ny.gov, or contact 518-474-4429. Call Center Representatives are available from 8:30am to 4:30pm Monday through Friday except on Legal Holidays.

Lieb School Now Licensed In Connecticut | ONLINE License Renewal Package Coming 2018

Lieb School is thrilled to announce that we have been licensed in Connecticut. We plan on launching our license renewal package for Connecticut Real Estate Brokers and Salespersons in 2018. Stay tuned for more information!


Tuesday, September 12, 2017

Title Waves | Free 3 Credit CE | Southampton | Lieb School | NY Real Estate Agents and Brokers

Title Waves: The Title Insurance Course



Did you know that approximately 25% percent of real estate deals have title problems?  This title insurance course will help real estate agents avoid dead deals due to misinformation throughout the transaction process. You will learn who the underwriting players are and how their respective roles can influence your deal. We will discuss the impact of unmarketable title with brokerage commissions.  Additional topics covered include liens and forgeries in the chain of title and what transpires in real life cases. This course will enable you to take preventative measures to accurately describe your listing and avoid terminal transactions.
Let’s prevent title issues from killing our deals.
Registration is now available for Title Waves in Southampton.  This course will be held on October 5th 2017. Online Registration Only. 

Tuesday, September 5, 2017

These are the 5 Steps to Respond to a Lawsuit

A process server comes to your door. Now what do you do?

Read the 5 steps to respond to a lawsuit by Andrew Lieb, Esq. published in Behind The Hedges.

Lien Law §19’s Summary Discharge of Lien for Private Improvement Clarified by Court of Appeals

The takeaway for practitioners is to look to the category of expenses claimed, not the amounts thereof, when evaluating whether a summary discharge should be sought on a NYC HPD lien.

Read the full article by Andrew Lieb, Esq. published in The Suffolk Lawyer here. 

Friday, August 18, 2017

Estate Deals ONLINE: Alive Deals, Dead Clients...

Estate Deals is an online video continuing education course that satisfies 4.5 credits of the total 22.5 credits required by the NY Department of State for license renewal.

An inheritance of real estate often needs to be liquidated by a real estate broker. It’s likely that a beneficiary already has a home. Often times, multiple beneficiaries don’t want to share a home. Frequently, estate creditors force a sale.

After completing this course, students will learn the unique language of estate deals, the impact of a Last Will and Testament on an estate deal, and how to navigate the probate / intestacy process while effectuating a sale. Students will be exposed to how an executor’s commission can impact their brokerage commission and how estate foreclosures can kill their deal in the entirety. Estate deals are an opportunity to both make money and to help a client in their time of need.

This course combines video footage of Andrew Lieb, Esq. teaching live class segments with visuals, study guides, and quizzes in order to optimize your understanding of the intense materials. It is delivered in an asynchronous model to allow for accessibility whenever and wherever you find convenient while also offering note-taking and in-class comment features to provide opportunities for feedback, questions, and discussions.

Click here to register

Minimum System Requirements

Department of State License Course Code: M12823

NY Real Estate License Renewal FAQs

What are the Continuing Education requirements for real estate agents in NY?

Every 2 years, licensed real estate brokers and salespersons in the State of New York are required to take 22.5 continuing education credits
As of 01/01/2017, Licensed NY Real Estate Salespersons and Brokers must take the following Continuing Education courses in their renewal cycle:
  • 3 Hours of instruction pertaining to Fair Housing and/or Discrimination in the sale or rental of real property or an interest of real property
  • 2 Hours of Agency Disclosure for the initial two-year licensing term and at least 1 hour of Agency Disclosure in subsequent renewal cycles.
If you are grandfathered in, the new continuing education requirements do not apply.

Are there any exemptions for Continuing Education requirements for real estate agents in New York?

Licensed real estate brokers who are engaged full time in the real estate business and who have been licensed for at least 15 consecutive years immediately preceding license renewal. This exemption must have been met prior to July 1, 2008. An attorney admitted to the New York State bar is also exempt from the Continuing Education Requirement.

Does Lieb School report my completed credits to the Department of State (DOS)? Am I responsible for sending my course certificates to the DOS?

Credits received from Lieb School count towards the 22.5 required from the DOS for license renewal. Certificates provided at each class serve as proof of credit hours (think of them as a receipt). After each class, Lieb School submits to the Department of State, Bureau of Educational Standards, all licensee information for successful completion of each course. Upon license renewal, the DOS will require the original signed certificates if you are selected for an audit. Make sure that you keep your certificates in a safe place. In the event of an audit, the DOS will cross reference the certificates with the student completion records received by each school. You are responsible for completing all 22.5 credits by your license renewal deadline date.

How do I renew my New York State Real Estate License?

License renewals must be completed online through the Department of State eACCESSny website. Please note that the renewal process requires licensees to validate education completion by answering “Yes” to the Continuing Education question that confirms all CE requirements have been satisfied. If you mistakenly answer “No”, the DOS will not renew your license until they see all original course completion certificates. You also have to hold onto the original course completion certificates in the event of a license audit by the DOS.

If I did not complete my continuing education requirements before my license expiration date can I get an extension?


Please refer to §177.6 in the Real Estate License Law. The Department of State will only grant extensions in bona fide hardship cases. Prior to your license expiration: you must submit to the Department of State, a written request for the extension, completed renewal form, fee, and original documentation demonstrating your hardship; i.e., medical documentation.

Thursday, August 10, 2017

Lieb at Law is Hiring | Litigation Attorney

Lieb at Law, P.C. is seeking a self-driven producer of work product who has impeccable research, writing and oral advocacy skills. You will be thrown into complex litigation and will quickly learn to thrive while engaging with the leaders of the field.

This role will start off working across all aspects of the firm's litigation practice inclusive of real estate litigation, contractual litigation, premises liability, ownership disputes, plaintiff personal injury, estate litigation and more. You will draft legal memos, pleading, discovery demands, discovery responses and motions. You will negotiate and prosecute personal injury claims against insurance adjusters and then, defend real estate brokerage and title claims while reporting to insurance claims counsel. You will also help prepare for depositions, mediations, arbitrations and trials.

Proven competency quickly leads to more challenging and rewarding litigation opportunities such as oral arguments, depositions, trials and appeals. Those that succeed will be charged with developing their own personal niche as their career evolves. Business opportunities exist.

Types of clients include high net worth individuals, small / medium size businesses, as well as national real estate brokerage firms and title insurance companies.

The firm offers an environment that supports personal and professional growth without micromanagement or dogmatic resistance to fresh and innovative ideas. Competence trumps experience and career growth is limited only by your own ability, ambition and desire to learn. We will push you to evolve and earn career "wows".

This position is located in Center Moriches, which is in Suffolk County within the Riverhead / Westhampton Area. Clients span across Metro New York Area.

Compensation is commensurate with experience. Full benefits package available for full time employees.

To Apply: Email cover letter and resume to careers@liebatlaw.com 


Firm Overview and History:

Lieb at Law, P.C. is the strategic legal partner to the real estate professions. The firm offers services in litigation, corporate compliance, business and real estate transactions throughout the greater New York Metro Area, inclusive of the Hamptons and Manhattan.

The firm was founded in 1977 by David Lieb and Joseph Lieb. In 2009, Andrew Lieb acquired control of the firm and transformed its legal services from a general practice to a civil litigation boutique focusing on real estate.

The firm currently offers legal services in real estate related fields, including real estate brokerage law, title disputes, mortgage foreclosure, fair housing and discrimination, contract litigation and transactions, municipal violations defense, land use / zoning, business and entrepreneurship, estate planning, surrogate’s court litigation, and plaintiff’s personal injury with a focus on premises liability.

The firm’s litigation practice is driven by leveraging informational imbalances to win cases. This is a substance first law firm where data drives decision making and strategy.

To achieve the firm’s information focused litigation culture, staff have access to cloud-based legal research platform so the latest cases are available to our legal team everywhere, including within the courtroom. Next, a secure, cloud-based case management system catalogs every thought and action on each client’s matter. As a result, case facts are readily accessible through the stroke of a computer key, instead of being locked away in one attorney’s memory or private paper notes in some desk draw. Finally, enterprise file sharing, storage and collaboration software is utilized to enable the efficient collaboration between attorneys where case strategy and document preparation benefits from fresh and innovative group think.

Lieb at Law’s latest research and collaboration tools extend to the firm’s transactional team, which ensures that contractual language is driven by our real life experiential learning from our contractual litigating practice.

Lastly, we publish and teach the law that we practice in order to always stay on the cutting edge. Lieb at Law’s work product is a derivative of embracing education and technology to provide a modern law firm that is at the vanguard of representation.

Notable Clients:

  • Largest Real Estate Brokerage firm in the State of New York
  • Largest Title Insurance company in the State of New York
  • Lieb School: New York State Real Estate School
  • High net worth individuals
  • Small and medium size businesses


Business Development: 

  • Provide trainings on latest statutes, regulations and case law, compliance requirements and industry standards to 10,000 + real estate salespersons, brokers and attorneys.
  • Represents #1 Brokerage Company & #1 Title Insurance Company in NYS.
  • Firm provides numerous articles a month in prestigious publications.
  • Employees are not required to get business, but encouraged through many internal opportunities created by the firm.  


Brand Differentiator: 

The law firm is a part-owner of a New York State Licensed Real Estate School, Lieb School, which offers in-class and digital courses throughout New York State. Lieb at Law, P.C. attorneys draft curriculum and teach at the school where they have the opportunity to establish themselves as topical experts and drive the future of the real estate brokerage industry.

Firm culture, efficiency and legal operations: 


  • Award winning firm comprised of Super Lawyers. 
  • Great win / loss ratio with challenging / high-stake cases (not stuck doing nonsense cases) with NYC level of complexity and clients available (not a daily grind to make a living). 
  • Safe small town feel with Hamptons access. Well maintained office in the middle of downtown Center Moriches. Accessible and convenient parking lot that is well lit and well maintained.
  • Community representation where we can make a difference for locals.
  • Staff is energetic, youthful and motivated.
  • Constantly making improvements to the building and working environment.
  • Open seating without segregation of rank. Open door policy in offices. 
  • While the firm is extremely competitive with adversaries, the internal environment is extremely collaborative. Office staff is friendly and drama free. Everyone has a voice in the firms’ direction and culture (staff opinions matter based on know-how, not experience). 
  • Everyone is treated equally and encouraged to speak up. 
  • Drinks, food and candy are supplied and available to staff.
  • Fields of law practiced are generally drama free topics (i.e. no matrimonial, family or criminal work). 
  • Reasonable accommodations for work / life balance with generous vacation policy / sick / coverage / work from home if needed for full time employees.
  • Progressive work culture where we constantly evolve.
  • Technology is on the cutting edge with no clutter or lost documents.
  • Every record is tracked.
  • New tools / technology is available upon reasonable request.
  • Includes variety of cloud based tools that are accessible with any internet connection. 
  • Included on the team are 2 business managers whose job is to manage organization, operations, finances and efficiency optimization. 


Career Opportunities:

  • Opportunities are ever-present to learn, develop and grow in your career by access to new cases, writing opportunities and constant emailed articles on every subject (not stuck in a role / level for years where you need to wait to move up the ladder, instead you can create your own future). 
  • Develop your own identity where you aren't a number or in a cubicle, but instead get to set your own goals. 
  • No micro-management of how to do work as long as obey no case, no statute, no talk rule.
  • Collaborative support gives you leads, collaboration, ideas, and reinforcement.
  • No ceiling. Everyone is encouraged to break boundaries and reach ultimate levels of success. 



Tuesday, August 8, 2017

How to Select Your Real Estate Attorney When Purchasing Property

A good attorney should save you tens, if not hundreds, of thousands of dollars by doing their job right. So why does saving a thousand dollars drive selecting one attorney over another for representation? 

Andrew Matthew Lieb shares a list of 5 questions that you should ask when selecting your attorney.

Read the full article published in Dan's Papers here. 

Monday, July 24, 2017

Top 10 Silent Lease Rights for Tenants

Just because it’s silent doesn’t mean it isn’t there. Did you know that the state of New York provides residential tenants with many rights that supersede even the most grueling landlord-favorable lease terms? 

Andrew Lieb, Esq. shares the top ten tenants' rights that should be fully understood by landlords, tenants and real estate brokers who engage in the rental market on Dan's Papers. 

Click here for the full article. 

Thursday, July 13, 2017

Tenants’ Rights: Subletting and Assigning

Question:
Can a landlord prevent a tenant from subletting or assigning their lease?
Answer:
Andrew Lieb, Esq. shares this answer in The Huffington Post. 

Wednesday, July 12, 2017

Lieb at Law: Are Pocket Listings Legal?

A real estate broker whispers to you that they have an off-market listing that is to die for, but you have no idea what an off-market listing is. More so, the way the real estate broker told you about the listing just sounds to you like something is not right about the transaction. Is this pocket listing even legal?
A pocket listing means that the real estate broker has a listing that is not being advertised to the public markets. Isn’t that an illegal monopoly? In the State of New York, contracts or agreements that refrain trade are illegal and void pursuant to the General Business Law §340, or what is commonly referred to as the Donnelly Act. The Donnelly Act is New York’s version of the federal Sherman Antitrust Act where the state and federal laws require identical basic elements.

Monday, July 10, 2017

Estate Tax Lien Releases Incident to Real Estate Transactions

When selling real estate with an executor’s / administrator’s deed or as heirs at law, incident to the death of the owner, seller’s counsel must address both federal and state estate tax liens that automatically attach to real property on the date of death. Importantly, these liens attach and are effective without recorded notice. 

Read the full article published in The Suffolk Lawyer by Andrew Lieb, Esq.

Thursday, July 6, 2017

BRAND NEW VIDEO CE | Brokerage Lawsuits ONLINE | 4 CE Credits | Lieb School



Brokerage Lawsuits ONLINE is a 4 credit online video real estate CE approved by NY DOS for license renewal. 

This course was developed and instructed by Andrew Lieb, Esq., a premiere NY real estate litigator and compliance trainer that focuses his legal practice on real estate brokerage litigation. 

While enjoying the comfort of your home, you can learn how to sue them for your commission! It’s not simple and it usually takes forever to obtain a favorable resolution. More so, litigation creates exposure for the real estate brokerage and salesperson regardless if they are the plaintiff or the defendant.

This 4 hour course will explain the process of different dispute resolution options such as negotiations, mediation, arbitration and litigation. After completing this course, you will be able to articulate the impact of the Real Estate License Law on such lawsuits, the availability of pre-action Affidavits of Entitlement and Mechanic's Liens to real estate brokers, and how ethics complaints work before the Department of State.

More so, you will understand how the law determines if they are right in their claim or defense by explaining the potential lawsuits for commission and the most common claims against brokerages.

(Works on IPADs, TABLETs, PCs & MACS)

$35.00

Thursday, June 22, 2017

New York State First Home Savings Program Passes Both Houses

A new tax incentive is almost available for purchasing your first home. Legislation has passed both the NYS Senate and Assembly (it is returned to the Assembly before going to the Governor).

The program will work for the purchase or construction of a home, townhome, condominium or unit in a cooperative housing corporation.

Under the account, up to $100,000.00, exclusive of gain, can be invested and withdrawn without state personal income tax if the money is used for purchasing or constructing a first home purchase.

Better yet, parents can create these accounts for their children, where a child would be called a “designated beneficiary” under the statute.

However, to constitute a first time home buyer, whether as a designated beneficiary or on one’s own account, an individual cannot have had any prior “ownership interest in a principal residence at any time” both in the “United States or abroad.”  To clarify, an individual does not have an ownership interest if they expect to inherit property or even if they own the remainder interest under a trust.
 
If the first time purchaser qualifies there is a requirement to utilize the home as a primary residence for “not less than two years after purchase.”

Stay tuned as the legislation makes its way to the governor's desk and then, parents can start saving for their children's first home like they do on a 529 Plan for college. 

Sexual Harassment Trainings Needed

All industries with employees and independent contractors need an inclusive culture through policy and training.

Read NARs article and quotes from Lieb at Law's Managing Attorney Andrew Lieb, Esq.

Mr. Lieb is available for outside compliance counsel, policy drafting and implementation and discrimination trainings. Contact andrew@liebatlaw.com or call 631.878.4455

Uncivil Discourse

Wednesday, June 21, 2017

Lieb at Law: Top Tips For Strategically Negotiating Real Estate Deals

Negotiating is first and foremost about preparation.

The following is the first half of a negotiating list that is your go to guide for your next real estate transaction. Whether you are buying or selling, renting or just contracting for a home improvement, you will need to negotiate the deal. To get ready, go over this list, tailor it to your situation and then practice, practice, practice with friends and family. Don’t skimp on practice: any weakness in your negotiating game will be exploited by your counterpart.

You must take control to successfully negotiate your next real estate deal. This is the first in a two-part series.

Friday, June 2, 2017

NY Radio CLE (for Attorneys only): Law You Should Know: Real Estate Brokers and the Law (1 CLE Credit)

Law You Should Know: Real Estate Brokers and the Law
CLE Provider: Nassau Academy of Law
Featured Guest: Andrew Lieb, Esq.
CLE Credit: 1 Credit in Areas of Professional Practice

Dates:
Wednesday June 7th at 3pm
&
Sunday June 11th at 7am

on 90.3FM in Nassau County
&
broadcast over the internet www.ncc.edu/whpc


To Obtain CLE Credit for the Program
Prior to Listening to the Program: Download an affirmation form

Tune into 90.3 FM and be sure to listen for a program verification code that will be announced by the host. 
Listen for the Code!
 Code must be written on the affirmation form in order to receive CLE credit. 

Monday, May 29, 2017

Fees for Brokerage License Increased on April 20, 2017

Fees for licensing have increased by $5 as of April 20, 2017. For real estate brokers the fee is now $155 and for real estate salesman (a/k/a, real estate salespersons) the fee is now $55.

Real Property Law 441-b(1) now reads (words in brackets are the former statute and capitalized words represent the now current statute):

The  fee  for a license issued or reissued under the provisions of
this article  entitling  a  person,  co-partnership,  limited  liability
company  or  corporation  to  act  as a real estate broker shall be [one
hundred fifty] ONE HUNDRED FIFTY-FIVE dollars. The  fee  for  a  license
issued  or  reissued  under  the  provisions of this article entitling a
person to act as a real estate  salesman  shall  be  [fifty]  FIFTY-FIVE
dollars.  Notwithstanding the provisions of subdivision seven of section
four hundred forty-one-a of this article, after January first,  nineteen
hundred  eighty-six, the secretary of state shall assign staggered expi-
ration dates for outstanding licenses that have been previously  renewed
on  October  thirty-first  of  each  year  from the assigned date unless
renewed. If the assigned date results in a term that exceeds twenty-four
months, the  applicant  shall  pay  an  additional  prorated  adjustment
together  with  the  regular  renewal  fee. The secretary of state shall
assign dates to existing licenses in a manner which shall  result  in  a
term of not less than two years.

Tuesday, May 23, 2017

Top 10 Questions for Landlords to Ask Themselves Before Leasing to a Friend

Many homeowners on the East End rent out their property for various parts of the summer season in order to recoup their carrying costs on the property and to have an additional source of income. Some even rationalize their initial purchase of their vacation home by calling it an investment property, where they plan to designate a set period of time that the property will be used for investment purposes and another limited time where it’s designated for pleasure. So when a friend asks to rent this vacation property, knowing of its availability, it may sound like a godsend: you can have an easy experience, avoid using a real estate broker, and save on brokerage fees while also helping out a friend who will love your property as you do. However, before letting your friend lease your property, you need to ask yourself: do I want to lose my friendship with this prospective tenant if the rental doesn’t work out?
If your answer to this question is that it’s completely inapplicable to you because your plan is to simply allow your friend to live at your expense and you have no problem with the financial burden resulting from the lost income stream, you should nonetheless consider possible liabilities that your friend can cause you. Beyond the liabilities of town/village code violations for noise violations, parking violations, rental permit violations, and so on, there is property damage and don’t forget feeling unappreciated when you are doing a good deed.
Regardless, all landlords should ask themselves the following questions before just jumping to the conclusion that renting to a friend is a good idea:

Friday, May 12, 2017

Top 5 Estate Planning Considerations for the Effective Transfer of Real Estate Ownership

Your real estate investment is your legacy. Here are the top five estate planning considerations for keeping your property in the family, in order to produce income for generations to come.

Read the full article by Andrew Lieb, Esq. published in Dan's Papers here. 

Friday, April 21, 2017

Real Estate Brokerage Regulatory Updates - 4/12/17 NYS Board of Real Estate meeting summary

On 4/12/17 the NYS Board of Real Estate continued its mission of optimizing the regulation of real estate brokers in our state by holding its meeting in NYC and Albany. To remind real estate brokers and salespersons, the public is welcome at these meetings where the public can bring comments from the floor. It is encouraged that Lieb School students attend these meetings to have your voices heard. 

"[T]he Board has general authority to promulgate rules and regulations affecting real estate brokers and salespersons in order to administer and effectuate the purposes of Article 12-A of the Real Property Law."

A complete video of the meeting is available on youtube.

While there was no quorum, the following was discussed:
  1. An education audit program was conducted from December through March on licensees seeking license renewal where approximately 360 such audits were conducted resulting in a finding of approximately 80% compliance and approximately $27,000 in fines;
  2. Many schools are offering classes at 1 and 2 hours in response to the change in regulations;
  3. The possibility of changing the Preliminary Statement of Complaint so real estate brokerage firms can make complaints about their salespersons and associate brokers with the Department of State;
  4. That the Department of State received a question about clarifying whether property managers must comply with the Corporate Title Opinion Letter from April 26, 2013 and will address such question accordingly; and
  5. A public comment that NYS Department of State should coordinate with the Attorney General's Office to enforce unlicensed activities, particularly against auctioneers. 

The next meeting is scheduled for September 13, 2017. 

Wednesday, April 19, 2017

Lieb at Law is hiring | Associate Attorney | Litigation

Fast paced and tech savvy law firm seeks Associate Attorney who can hit the ground running. Ideal candidate is a work product producer with impeccable research, writing and oral advocacy skills. You will be thrown into complex litigation and will quickly learn to thrive while engaging with the leaders of the field.

This role will start off working across all aspects of the firm's litigation practice inclusive of real estate litigation, contractual litigation, premises liability, ownership disputes, plaintiff personal injury, estate litigation and more. You will draft legal memos, pleading, discovery demands, discovery responses and motions. You will negotiate and prosecute personal injury claims against insurance adjusters and then, defend real estate brokerage and title claims while reporting to insurance adjusters. You will also help prepare for depositions, mediations, arbitrations and trials.

Proven competency quickly leads to more challenging and rewarding litigation opportunities such as oral arguments, depositions, trials and appeals. Those that succeed will be charged with developing their own personal niche as their career evolves. Business opportunities exist.

Types of clients include high net worth individuals, start-ups, national real estate brokerage firms and title insurance companies.

The firm offers an environment that supports personal and professional growth without micromanagement or dogmatic resistance to fresh and innovative ideas. Competence trumps experience and career growth is limited only by your own ability, ambition and desire to learn. We will push you to evolve and earn career "wows".

This position is located in Center Moriches, which is in Suffolk County within the Riverhead / Westhampton Area. Clients span across Metro New York area.

Compensation: Commensurate with experience, includes full benefits package.

Requirements:
  • Minimum of 1 year Litigation Experience
  • Experienced in court appearances, motion writing, legal research with Westlaw, pleadings, discovery, oral arguments a plus, depositions a plus, client management a plus. 
To Apply: Email Cover Letter and Resume to careers@liebatlaw.com or submit your application ONLINE here. 

Monday, April 17, 2017

Foreclosure Considerations When Representing Private Lenders

Foreclosure litigation involves much more than simply enforcing a contract. Follow this top 10 checklist when representing private lenders to successfully navigate the nuances of foreclosure practice.

Read the full article by Andrew Lieb, Esq. and Jay Sheryll, Esq. here. 

NY Department of State Update for License Renewal (Applications and Fees)

This is a direct note from the New York, Department of State.

This notification is to inform you of an increase in Real Estate original and renewal application fees, effective immediately.

The new application fees are as follows: Real Estate Broker Application $155, Real Estate Branch Office Application $155, Real Estate Salesperson Application $55.   

Please stop using the old applications immediately.  The new applications are available on the Department of State website, here are the links:





http://www.dos.ny.gov/forms/licensing/0022-a-HT.pdf  (Sales Application Haitian Creole)





Also, as a result of an ongoing Real Estate Licensee Qualifying Audit, we are finding that many licensees are noncompliant. The majority of noncompliant licensees state they did not know, and were not told, that prior to applying for a license education, requirements include completion of the 75 hour course, passing the final school exam and receiving a certificate of completion.

It's Fair Housing Month

Lieb School reminds our real estate brokerage students to treat everyone equally in the terms, conditions and privileges of housing during the 2017 Fair Housing Month (and the rest of the year). Remember, you should only discuss the quality of the property, the terms of the offer and the weather when acting in real estate brokerage. Each prospect should be viewed as dancing dollar bills, not by their demographic profile, during real estate negotiations.

Lets make the world a more inclusive place one transaction at a time.

Friday, March 31, 2017

JUST RELEASED | Agency 1 Hour ONLINE | Satisfies DOS Requirement | $5.00

This 1 hour Video CE course instructed by Andrew Lieb, Esq. was designed to be the ultimate refresher course on agency. Students will learn to select the appropriate agency forms for varying scenarios, how to translate agency terms into simple English in order to communicate with transacting parties, and how to properly fill-out the forms in compliance with New York license law.

This is a skills class where students can expect to perfect their agency disclosure abilities. In fact, agency disclosure skills are the most important skill for real estate salespersons today. Learn how to fulfill your license requirement, protect yourself from litigious clients and customers, and most importantly, how to leverage the law by making agency into a value add when offering your services to prospects.

This 1 credit CE course fulfills your NY continuing education requirement on the law of agency (except for new agents who must take 2 hours).

Special Price: $5.00

Thursday, March 9, 2017

Radio Interview with Andrew Lieb, Esq.: Top 5 Legal Concepts That Can Make or Break a Spec Development

This radio segment features Andrew Lieb, Esq. discussing the top 5 legal concepts that can make or break a speculative development real estate project.

Topics Include:

  • Getting Financing
  • Structuring the Venture
  • Setting a Realistic Vision
  • Owning the Plans
  • Hiring the Contractor

Wednesday, March 8, 2017

Guidance for Borrowers Seeking Home Loan Modifications Under the Making Homes Affordable Act

On Monday, February 27, 2017, Fannie Mae, acting as administrator of Home Affordable Modification Program (HAMP), implemented portions of the Supplemental Directive 16-02 regarding the termination of Making Homes Affordable Program (MHA).

Now, borrowers who have applied for a modification on or before the termination of the MHA on December 31, 2016 under HAMP Tier 1, HAMP Tier 2, Streamline HAMP, Second Lien Modification Program (2MP), Treasury Federal Housing Administration HAMP (Treasury FHA-HAMP), and Rural Development HAMP (RD-HAMP) must have modification effective dates on or before December 1, 2017. Additionally, closing dates for a transaction under Home Affordable Foreclosure Alternatives Program (HAFA) must be on or before December 1, 2017.

In conjunction with the termination of the MHA on December 31, 2016, Supplemental Directive 16-02 provides guidance to servicers regarding non-Government Sponsored Enterprise (GSE) Mortgages of borrowers who have requested assistance prior to December 31, 2016. Specifically, this Directive applies to: the HAMP, the Home Affordable Unemployment Program (UP), HAFA, 2MP, Treasury FHA-HAMP, and RD-HAMP. In addition, this Supplemental Directive provides guidance with respect to the eligibility of certain GSE HAMP Loans to receive pay-for-performance incentives through the Troubled Asset Relief Program (TARP).

So, the MHA has ended. However, no need to worry if you have applied on or before December 31, 2016 for a home loan modification through MHA because you still have time to receive the benefits of the MHA if you complete the modification process by December 1, 2017.

Alternatively, if you have not yet applied for a home loan modification, New Yorkers may continue seek mortgage modifications under Civil Practice Law and Rule §3408.



New HUD Secretary Confirmed by Senate

Dr. Ben Carson, former Republican Presidential Candidate and Neurosurgeon, has been confirmed as the new Housing and Urban Development Secretary (HUD).

HUD, formed by an act of Congress in 1965, is tasked with implementing federal policies directed at the housing market.

As Secretary, Dr. Carson will have vast power in regards to the organization and structure of the agency, specifically the field structure at the local level. Nonetheless, Dr. Carson’s discretion is bound by the confines of federal mandates.

As real estate industry professionals, we wish Dr. Ben Carson much success in his new role. 

FinCEN Renews Order Requiring Full Disclosure of Persons Behind All Cash Purchases of High-End Real-Estate

The Financial Crimes Enforcement Network (FinCEN) of the US Department of the Treasury renewed a Geographic Targeting Order (GTO), on February 23, 2017, requiring “U.S. title insurance companies to identify the natural persons behind shell companies used to pay ‘all cash’ for high-end real estate in six major metropolitan areas.” The counties covered in this renewal are: all New York City Burroughs, Miami-Dade County, Broward County (FL), Palm Beach County (FL), Los Angeles County, San Francisco County, San Mateo County (CA), Santa Clara County (CA), San Diego County, and Bexar County (TX).

Each county will have a different monetary threshold for transactions covered by this GTO to become applicable. In New York, covered transactions shall be all cash payments for real property at or above a total purchase price of $1,500,000 in Brooklyn, Queens, Bronx, Queens, and Staten Island. In Manhattan, covered transactions are set at or above a purchase price of $3,000,000.

A title insurance company involved in a covered transaction will be required to file a FinCEN Form 8300 detailing, inter alia, the identities of any persons representing the purchaser and any “Beneficial Owners” (an individual who owns 25% or more in equity of the purchaser) “within 30 days of the closing.” For New York, this GTO will continue to prevent anonymous high-end purchasers in the five boroughs.

Tuesday, March 7, 2017

Tracking Proposed Legislation to Extend the Mortgage Debt Forgiveness Relief Act into 2017

The remnants of the Mortgage Debt Forgiveness Relief Act only apply in 2017 to debts that were subject to a written agreement which was entered into in 2016. So, as of today, all new agreements that forgive debt (i.e., short sale, deed-in-lieu or mortgage modification with principal reduction) will expose the debtor to income tax, which tax will be based upon their corresponding debt savings.

H.R.110, the Mortgage Debt Tax Forgiveness Act of 2017, seeks to "amend[] the Internal Revenue Code to make permanent the exclusion from gross income of income attributable to the discharge of qualified principal residence indebtedness."

S.122, the Mortgage Debt Tax Relief Act, seeks to "amend[] the Internal Revenue Code to extend through 2018 the exclusion from gross income of income attributable to the discharge of indebtedness on a principal residence."

While H.R.110 is preferable to forever eliminate a tax on unfortunate homeowners incident to having their debt forgiven, please support either bill by contacting your local congressman and having your voice heard.

Monday, March 6, 2017

Top 10 Real Estate Laws of 2016

Now that 2017 is here it is important to be aware of the changes in the law for our industry. This is not a list about the best events from 2016, but, instead, a list that highlights the new legal landscape that you face as real estate attorneys in 2017. Being familiar with these laws, regulations and opinions may help you to better address your client’s goals and to make you money while helping you to avoid malpractice.

Topics Include:

  • Defaults waived in foreclosures
  • Real Estate broker continuing education changes
  • Premises liability for neighboring properties to the situs of trip and fall expanded
  • Storm in Progress Doctrine includes wintery mix
  • Vested right to develop requires reasonable reliance
  • Vested right to develop requires legally issued permit
  • Justiciability of positive declaration pursuant to SEQRA
  • Condominium lien priority
  • End of anonymous LLC members in NYC
  • Citizenship for real estate investment trusts

Tuesday, February 14, 2017

Important Administrative Decision - Bedbugs in NYC

In DOS v. Fletcher, a real estate broker was charged with incompetency and untrustworthiness for acting as a landlord's agent and failing "to assure that their client provided [the tenant] with the bed bug infestation history" for the unit.

As background, the Administrative Tribunal was addressing New York City's Administrative Code at §27-2018.1(a), which states:

For housing accommodations subject to this code, an owner shall furnish to each tenant signing a vacancy lease, a notice in a form promulgated or approved by the state division of housing and community renewal that sets forth the property's bedbug infestation history for the previous year regarding the premises rented by the tenant and the building in which the premises are located.

According to the Department of State, the "act of omission was a violation of the respondents' obligation to deal fairly and openly with a prospective renter."

Moving forward, all New York City Landlord's Agents MUST assure that their landlords provide the bedbug disclosure to avoid being charged with a license law violation.

Important Administrative Decision - Craigslist Advertisements

In DOS v. Paramonov, a licensed real estate salesperson was charged with engaging "in false and or misleading advertising for rental properties" by listing "apartments in the 'no fee' category" of Craigslist because "he did not have enough money to post advertisements in the broker's section of the website."

The respondent was fined for his dishonest and misleading advertisements.

Moving forward, real estate salespersons need to remember that their advertisements must be completely aboveboard. If there is a broker's section of a website, the real estate salesperson must utilize it at all times in order to comply with their license law.

Commission Rates in Real Estate Brokerage are Discretionary to the Broker and Property Owner

A Lieb School student recently took a final exam for our Conflicts of Interest ONLINE course and explained how commission rates are set by the Department of State.

They are NOT.

In fact, the Department of State says the following about commission rates:

Commission Rates

The commission or compensation of a real estate broker is not regulated by statute or regulation, therefore the amount and terms are negotiable. A real estate broker shall never offer a property for sale or lease without the authorization of the owner. Therefore, prior to the listing or marketing of a client’s real property, it is incumbent upon the real estate broker and the client to mutually agree on a reasonable rate of compensation. 

As a result, real estate salespersons and property owners should carefully negotiate commission rates where they also set the consideration that the real estate brokerage will provide to the property owner in exchange for higher or lower rates. To illustrate, a real estate brokerage that is willing to create a video about the property should be able to demand a higher rate than a real estate brokerage who will not create any digital advertising.