LIEB BLOG

Legal Analysts

Monday, January 09, 2017

Enforcing a Commercial Lease Against a Guarantor

Andrew Lieb , Commercial Real Estate
Enforcing a Commercial Lease Against a Guarantor
Landlords cannot sue a guarantor in a Summary Proceeding because there is “no relationship of landlord and tenant … [where guarantor] was not a primary or joint obligor but assumed a secondary liability which accrued only upon default by the principal.” See Marburt Holding Corp. v. Picto Corp.,(1st Dept., 1958). Therefore, to enforce a guarantee, a landlord must pursue a Plenary Action against the guarantor following the conclusion of the Summary Proceeding. Nonetheless, landlords need not fret about the difficulty and cost incident to instituting a Plenary Action against a guarantor because landlords can proceed pursuant to CPLR §3213 and utilize the Doctrine of Collateral Estoppel in order to avoid the protracted litigation that is typical of a Plenary Action.
Read the full article by Andrew Lieb, Esq. published in The Suffolk Lawyer here. 
Read more »
By at
Tags: , , ,

Friday, January 06, 2017

2016 SURVEY RESULTS ARE IN! Agency Disclosure ONLINE ranked BEST Real Estate CE

Agency Disclosure , Andrew Lieb
2016 SURVEY RESULTS ARE IN! Agency Disclosure ONLINE ranked BEST Real Estate CE


Nearly 100 NY Real Estate Agents concluded that Lieb School’s Agency Disclosure ONLINE CE course is the best real estate course on the market.

Surveys were conducted after each student completed the course. Below are some highlights: 
  • Best Instructor Ever.
  • Andrew is riveting and brilliant. A joy to watch and learn from.
  • Andrew can take a difficult to understand topic and make it easy to follow and comprehend.
  • Andrew Lieb is the only instructor that can keep me interested and awake when the content becomes boring. He is intelligent, well prepared, & entertaining. He is the only instructor for me.
  • I think Andrew Lieb is passionate and extremely knowledgeable. He makes an otherwise confusing subject easy to interpret and absorb!!!!
  • I loved the live interactions. Great sense of humor and outgoing personality made it interesting.
About The Course
  • THEEEEE BEST!!!!! Enough said. Period.
  • The best overall experience I've had. Thanks!
  • He breaks it into parts that makes so much sense, and keep you on your toes. No sleeping in this class@ :-) Even online, he makes it very interesting! 
  • I have had the opportunity to take this course in person and online and felt that this online format allowed me to better understand the subject. Particularly the section where you go through each possible way of filling out the form and what type of agency makes sense for what type of consumer. I feel more knowledgeable and confident with agency after completing this online course.
  • Was in the dark, now I see the light!!!!!!
  • This course exceeded my expectations and gave me a fresh perspective on the use of the Agency Disclosure form. I will be amending the way I present the form given the information I received and my improved understanding of the document.


Read more »
By at
Tags: , , , , , , ,

Tuesday, December 27, 2016

Real Estate Brokerage Regulatory Updates - 12/14/16 NYS Board of Real Estate meeting summary

Brokerage Laws , Real Estate Brokers and Salesperson
Real Estate Brokerage Regulatory Updates - 12/14/16 NYS Board of Real Estate meeting summary
On 12/14/16 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. 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 on youtube.

In summary, the following was discussed:
  1. The collaboration between the Department of State and the Division of Human Rights in investigating claims of discrimination and enforcing the law. To date, the Department of State has referred 5 complaints to the Division of Human Rights. 
  2. The Department of State's right, even without subpoena, to request documents from a licensee (including to document requests pertaining to documents that are unrelated to the practice of real estate brokerage) and that a licensee's failure to cooperate may result in a license suspension. 
  3. A new licensing requirement of a 1 hour course on licensee safety is being added to curriculum and to make room for such additional hour the property insurance requirement is being reduced from 2 hours to 1 hour.
  4. The comments period for regulatory changes, [to 175.1 (commingling money), 175.7 (disclosure to clients before accepting money), 176.3 (1 hour license safety course), 177.3 (minimum instruction time of 1 hour rather than 3 hours), 177.7 (computation of time being 50 minutes for an hour requirement) and 175.25 (licensee disclosure of license type on business cards)], has expired and such regulations are expected to be effective in mid January 2017. 
  5. Brokerage firms can utilize cloud storage of their records so long as such cloud technology creates an accurate reproduction of paper records and has technology to permit discovery of any alterations of such records.
  6. The Board of Real Estate meeting schedule for 2017 is April 12, 2017, September 13, 2017 and December 6, 2017. 
The next meeting is expected on April 12, 2017. 

Read more »
By at
Tags: ,