LIEB BLOG

Legal Analysts

Thursday, May 10, 2018

4-3-18 NYS Board of Real Estate meeting summary


On 4-3-18 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, Buffalo 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."


The meeting was relatively brief, but did include some interesting comment, including:
- From January through March, there were 221 real estate complaints.
- New real estate brokerage course curriculum has been released to schools and is anticipated to be in place by 9-1-18. This curriculum includes 5 hours on office operations.
- Suggestions for changes to the industry included: (a) a requirement to place license numbers on marketing materials; (b) creating a system so that deceased broker's licenses are terminated and cannot be continued wrongfully by others; and (c) expanding eaccessNY to indicate when a salesperson / associate real estate broker / broker is inactive or suspended. 

The next meeting was referenced to be June 1, 2018, but was not confirmed. 

Thursday, May 03, 2018

What You Need To Know About Using Dual Agent and Dual Agent With Designated Sales Agent

We never recommend a general form as each situation is unique and requires specific information. However, sometimes in our Agency Disclosure classes we do reference the Department of State's article called "Be Wary of Dual Agency". 

Being a Dual Agent means your fiduciary duties are compromised on the individual level. Further, it's a direct deal where the seller/landlord & buyer/tenant both knowingly waive the conflict of interest permitting you to have compromised loyalties in neither negotiating on behalf of either party to a transaction.

A Dual Agent form should only be used when you represent both the seller/landlord & buyer/tenant. Additionally, no other agents are involved from your brokerage firm or another brokerage firm. You can use Dual Agent if you have a listing & you are acting as a selling agent by procuring a client to the listing.

We always recommend that large brokerage companies select Advanced Consent to Dual Agent with Designated Agent when clients are okay with it. You never know who will find a buyer for your listing or who will have a listing for your buyer.

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, May 01, 2018

Video Clip of Strategic Negotiating CE

If you couldn’t make it to our in-person strategic negotiating CE class, no worries, we are currently cutting up the video and creating an online class version. Here’s a clip of what to expect. This real estate CE class will be available by the end of this year!


Lieb Headquarters Moving to Smithtown Summer of 2018

Andrew Lieb, Esq. announces exciting news about Lieb at Law, P.C.'s expansion including opening up a 40 seat compliance training center.