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Showing posts with label Advertising Regulations. Show all posts
Showing posts with label Advertising Regulations. Show all posts

Wednesday, July 06, 2022

Real Estate Brokerage - 6/29/2022 NYS Board of Real Estate meeting summary

On June 29, 2022, the NYS Board of Real Estate continued its mission of optimizing the regulation of real estate brokers in our state by holding its meeting. 


To remind real estate brokers and salespersons, the public is welcome at these meetings where the public can bring comments from the floor. Its 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.


The most significant takeaway from the meeting was that DOS has a new enforcement initiative, which started on June 1, 2022 - the launch of the Internet Enforcement Unit. This Unit is focusing on marking websites to confirm the existence of the Fair Housing Statement, compliance with Standard Operating Procedure Rules, and compliance with Advertising Regulations (19 NYCRR 175.25) with a specific emphasis on the use of unlicensed aliases rather than licensed names in such advertisements. 


BE WARNED - Go check all of your websites and social media today or hire Lieb Compliance to audit your web-based advertising for compliance.




Tuesday, November 10, 2020

New Real Estate Brokerage Advertising Regulations

Are you ever confused about who the broker is when you search for property online? Thankfully, the NYS advertising regulations were just amended to adequately disclose to the consumer who the exclusive agent is. The specific updates are included in Andrew Lieb's latest article published in The Suffolk Lawyer, law journal. CLICK HERE FOR THE FULL ARTICLE. 





Monday, June 03, 2019

Real Estate Brokerage Regulatory Updates - 5/31/19 NYS Board Of Real Estate Meeting Summary

On 5/31/19 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, Rochester 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's 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 here.

In summary, the following was discussed:
  1. Complaints: From 1/1/19 to 4/30/19, the Department of State received 241 complaints about licensees. For perspective, there are 134,964 licensees in New York State.
  2. Testing: In 2018, of the 27,209 individuals who sat for the salesperson exam, 14,172 passed, which is roughly a 52% pass rate; of the 2,215 individuals who sat for the brokers exam, 1,447 passed, which is a 55% pass rate.
  3. Regulations: The Board is considered updating advertising regulations as to web based advertising where lead generation will be specifically addressed. Additionally, corporate titles was raised as a concern and a committee was assigned to study the issue. The simple solution stated was increased enforcement. 
  4. Discrimination: Lawful source of income was discussed and the Department, while working with the Division of Human Rights, is hopefully going to issue guidance. 
Remember, to take Lieb School's online classes to stay ahead of your profession. 


Wednesday, May 02, 2018

NY Broker Websites Are Actively Being Audited By The DOS | Learn Your Exposure

The NY Department of State (DOS) is now ACTIVELY auditing real estate broker and salespersons websites for compliance.

If you are NOT in compliance you are subject to:
  • Revocation
  • Suspension 
  • $1,000 fine PER violation 
  • Censure 
  • Disgorgement of commission + interest 
  • You get charged with untrustworthiness & incompetency in the practice of real estate brokerage in the state of NY. 
Find out if you are in compliance by taking Lieb School's Video Continuing Education Class, Deceptive & Misleading Advertising ONLINE.

You can also take advantage of our $99 special which includes 7 CE classes (including Deceptive & Misleading Advertising ONLINE).


Tuesday, February 14, 2017

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.

Monday, August 22, 2016

Lieb School Free CE | Deceptive & Misleading Advertising | 3 Credits | Southampton

Date: 9/22/16 at 3:30pm
Location: 230 Elm, Southampton
Instructor: Andrew Lieb, Esq.
Credits: 3 CE Credits
Deceptive & Misleading Advertising

This 3 hour real estate brokerage continuing education course maps out the rules to advertise property in the State of New York. Did you know that real estate salespersons, associate brokers and brokers cannot just say whatever they want in real estate advertisements? Moreover, agents can’t be forced by their clients to manipulate the true description of property while marketing. In this course, you will learn that there is no freedom of speech in this regulated industry. In fact, the New York State legislature empowered the Department of State to enforce advertising regulations and such regulations are actually enforced.

After taking this course, you will be able to recite, with precision, the do’s and don’ts of real estate advertising. Instead of passing this integral function off to your team members or 3rd party vendors, you will know the importance of actively managing every aspect of promotion and mastering this craft. You will learn what you can and cannot include in advertisements. We will go over team advertisements, classified advertisements, mail, telephone, websites, e-mail, business cards, signs, billboards, flyers, for-sale signs, photographs, web-based promotion and more.

We will review court cases of deceptive and misleading advertising and you will understand the consequences of such action. We will discuss advertising statutes, regulations and opinion letters from the Department of State so that agents can advertise right up to the limit of what is permissible while complying with the laws of the State of New York.

Wednesday, June 08, 2016

Brand New Lieb School CE | Deceptive & Misleading Advertising | 3 Credits



Deceptive & Misleading Advertising

Instructor: Andrew Lieb, Esq., MPH

Credits: 3 CE Hours
Date Offered: 7/14/16
Location Offered: Newsday Training in Melville

Summary: This 3 hour real estate brokerage continuing education course maps out the rules to advertise property in the State of New York. Did you know that real estate salespersons, associate brokers and brokers cannot just say whatever they want in real estate advertisements? Moreover, agents can’t be forced by their clients to manipulate the true description of property while marketing. In this course, you will learn that there is no freedom of speech in this regulated industry. In fact, the New York State legislature empowered the Department of State to enforce advertising regulations and such regulations are actually enforced.

After taking this course, you will be able to recite, with precision, the do’s and don’ts of real estate advertising. Instead of passing this integral function off to your team members or 3rd party vendors, you will know the importance of actively managing every aspect of promotion and mastering this craft. You will learn what you can and cannot include in advertisements. We will go over team advertisements, classified advertisements, mail, telephone, websites, e-mail, business cards, signs, billboards, flyers, for-sale signs, photographs, web-based promotion and more.

We will review court cases of deceptive and misleading advertising and you will understand the consequences of such action. We will discuss advertising statutes, regulations and opinion letters from the Department of State so that agents can advertise right up to the limit of what is permissible while complying with the laws of the State of New York.


Monday, January 06, 2014

Ringing in the New Year With Real Estate Brokerage Advertising Regulations

If you've been following our blog, you've known for months about the Real Estate Brokerage Advertising Regulations which became effective on January 2, 2014. Hopefully you have been preparing to ensure compliance, but if you haven't, here's one last reminder that you most likely need to overhaul the way you advertise.

The Department of State has overhauled the Advertising Regulations found in 22 NYCRR 175.25. If you've visited their page before, make sure you refresh your browser to see the updated January 2014 regulations. What used to be two paragraphs has exploded into twenty-eight paragraphs over two pages covering everything from for-sale signs to e-mail correspondences. Even the simplest things fall under the new regulations. For example, salespersons and brokers must display their full licensed names on their advertisements, no nicknames, and phone numbers must be clearly labeled based upon their type (cell, desk, home, etc). By defining advertising as "promotion and solicitation related to licensed real estate activity" the Department of State has thrown a broad net in order to capture as much activity as possible under the new regulations.

It is imperative that brokers become familiar with the new regulations so they understand what they need to change, and it is even more important that brokers conduct trainings with their agents who most likely are unknowingly violating the new regulations on a regular basis. Determining what information is required on each type of advertisement requires a careful reading of the regulations. Consult your trusted attorney for guidance so you can avoid potential penalties and continuing running your brokerage without a hiccup.

Friday, October 25, 2013

Team Name Change - Brokerage Advertising Regulations

We are continuously receiving questions if a Team needs to create a new entity under the Advertising Regulations, at 19 NYCRR 175.25, for Real Estate Brokerages, which are effective January 2, 2014.

No, a team can continue to own an old entity that does not comply with the regulations for names so long as the team does not promote or solicit related to licensed real estate activity under that name.

So, the brokers ask us - wouldn't we always promote or solicit under our name.

Well, you can simply file a Certificate of Assumed Name with New York State that does comply, operate under that Assumed Name, but continue the entity structure that has the non-complying name, which is a much less expensive and time consuming solution than establishing a new entity.

To accomplish this Assumed name, read the Instructions for Completing the Certificate of Assumed Name first, then, fill out the form, pay the appropriate fee and file.

However, the form does state: "All documents should be prepared under the guidance of
an attorney". So, if you need help, hire an attorney.

Best of luck.


Monday, August 12, 2013

The Real Deal Prematurely Pronounces the Death of the Term "Licensed Real Estate Broker"

In an August 6, 2013 article, The Real Deal conclusively proclaimed that real estate brokers, associate brokers, and salespersons no longer have to place the term "licensed" in front of their license type.  Quoting Alfred Fazio of Capuder, Fazio, Giacoia, LLP, the article reasoned that "[i]t seemed particularly redundant to require agents to use 'licensed' before real estate salesperson, real estate associate broker, or real estate broker.  In a similar example, it would be as if requiring attorneys to advertise themselves as 'licensed.'"

Not so fast my friend.  While The Real Deal's advice is sound for a large percentage of situations where a salesperson or broker would describe their license type, brokers can't do away with the requirement altogether.  A Department of State Opinion Letter can interpret statutes or regulations, and the Department of State can issue and alter regulations; however, an Opinion Letter cannot override the express language of a statute instituted by the legislature.

RPL § 441-a(3) requires real estate brokers to "conspicuously post on the outside of the building in which [their place of business] is conducted a sign of sufficient size to be readable from the sidewalk indicating the name and the business of the applicant as a licensed real estate broker, unless said office shall be located in an office, apartment or hotel building, in which event the name and words 'licensed real estate broker' shall be posted in the space provided for posting of names and occupants of the building, other than the mail box."

Where does that leave us?  The Opinion Letter relieves brokers, associate brokers, and salespersons from the duty of including the term "licensed" in their advertising and other descriptions of their license type, but it cannot eliminate the explicit requirements of RPL § 441-a(3).  Real estate brokers, associate brokers, and salespersons can rejoice in the news that their business cards and for-sale signs can be one word shorter, but the industry can't throw away with the term "licensed" completely.  If you're a broker, you still need to have the full title "Licensed Real Estate Broker" displayed on the outside of your place of business.

Wednesday, July 03, 2013

NYSAR's Advertising Under the New Regulations - Take the webinar

One of the finest real estate brokerage attorneys in our State, Anthony Gatto, Esq. of NYSAR, presents a free explanation on the new ad regulations that are effective January 2, 2014, which you can watch here.

Its a must watch for licensed real estate agents in New York State. Learn the new regulations by as many sources as possible as they will be enforced and you must be prepared and in compliance.

Tuesday, June 25, 2013

Brokerage: End of corporate titles ushers in professionalism. Check out the NYREJ for featured article...