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.