LIEB BLOG

Legal Analysts

Showing posts with label DOS. Show all posts
Showing posts with label DOS. Show all posts

Wednesday, January 15, 2020

Real Estate Brokers - Guess the Pass Rate on the Salesperson Exam from 9/17/19 to 12/16/19

Tuesday, January 14, 2020

Real Estate Brokers - Guess How Many License Complaints DOS Received from 9/17/19 to 12/16/19

248 in 3 months

According to the Board of Real Estate Meeting

Of which DOS:

  • 121 closed
  • 2 withdrawan
  • 2 duplicates
  • 19 civil matter
  • 9 resolved
  • 8 no violation
  • 24 no jurisdiction
  • 11 insufficient evidence
  • 43 were holds placed on licensee's record to address brefore renew
  • 6 were referred to counsel for a hearing
Lieb School - where the law is followed

Thursday, October 05, 2017

Real Estate Salesperson FAQ: NY CE Requirements and Switching Broker of Record

A Real Estate Salesperson recently asked the following question:

Question: "If a broker released my license, can I still take the CE 22.5 hours and get credit towards my license? Or do I have to wait until a broker hires me? "

Answer (from The Department of State of NY): A renewal license will be issued to any licensee eligible to renew who has not been expired over 2 years, has completed the 22.5 hours of continuing education or is exempt and is associated with a broker at the time of renewal. There is nothing in the continuing education regulations that require a sponsoring broker be in place to be eligible to complete continuing education.

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.

Tuesday, January 31, 2017

ALERT - Amended Real Estate Brokerage Regulations

The Real Estate License Law regulations at 19 NYCRR 175.1, 175.7, 176.3, 177.3, 177.7 & 175.25 have been amended. 

The industry now has new understandings of escrow requirements, compensation, advertising, qualifying education and continuing education as of January 4, 2017. 

Summary of New Understandings:

  • As to escrow, we now know that we must deposit all escrow money within 3 business days and hold it in a secure place like a safe until such time as its deposited in the bank.
  • As to compensation, we have learned that if we are paid by more than one source, we no longer have to receive consent from all parties, just our client.
  • As to advertising, we understand that business cards must include our license type.
  • As to qualifying education, we know that we now need to learn 1 hour on the new topic of License Safety, but the topic of Property Insurance has been reduced to only 1 hour from 2. 
  • Finally, with respect to continuing education, we no longer have to take a minimum of 3 hours in a course module, but can take only 1 hour when such a course is available (Lieb School is launching a 1 hour Agency Disclosure course very soon) and each hour is now only 50 minutes long (for bathroom breaks, etc.) whereas it used to be a 60 minute requirement. 



The full amended regulations are as follows:

Section 175.1 of Title 19 NYCRR is amended to read as follows:
            Section 175.1. Commingling money of principal.
A real estate broker shall not commingle the money or other property of his principal with his own and shall at all times maintain a separate, special bank account to be used exclusively for the deposit of said monies and which deposit shall be made [as promptly as practicable] within three business days.   Until such time as the money is deposited into a separate, special bank account, it shall be safeguarded in a secure location so as to prevent loss or misappropriation.  Said monies shall not be placed in any depository, fund or investment other than a federally insured bank account.  Accrued interest, if any, shall not be retained by, or for the benefit of, the broker except to the extent that it is applied to, and deducted from, earned commission, with the consent of all parties.

Section 175.7 of Title 19 NYCRR is amended to read as follows:
            Section 175.7. Compensation.
A real estate broker shall make it clear for which party he is acting and he shall not receive compensation from more than one party except with the full knowledge and consent of [all parties] the broker’s client.

Section 176.3 (a) of Title 19 NYCRR is amended to read as follows:
            Section 176.3. Subjects for study--real estate salespersons.
            (a) The following are the required subjects to be included in the course of study in real estate for licensure as a real estate salesperson, and the required number of hours to be devoted to each subject:

Salesperson's Course
Subject Matter: Hours:
License Law and Regulations ................................... 3
Law of Agency ................................................. 11
Legal Issues .................................................. 10
The Contract of Sales and Leases .............................. 3
Real Estate Finance ........................................... 5
Land Use Regulations .......................................... 3
Construction and Environmental Issues ......................... 5
Valuation Process and Pricing Properties ...................... 3
Human Rights and Fair Housing ................................. 4
Real Estate Mathematics ....................................... 1
Municipal Agencies ............................................ 2
Property Insurance ........................................... [2] 1
License Safety ........................................... 1
Taxes and Assessments ......................................... 3
Condominiums and Cooperatives ................................. 4
Commercial and Investment Properties .......................... 10
Income Tax Issues in Real Estate Transactions ................. 3
Mortgage Brokerage ............................................ 1
Property Management ........................................... 2
Instruction ................................................... 75
Final Examination ............................................. 3
TOTAL ..................................................... 78

Section 177.3 (g) of Title 19 NYCRR is amended to read as follows:
             
 (g) a detailed outline of the subject matter of each course or seminar containing at least 22½ hours of instruction, or of each course module containing at least [three hours] one hour of instruction, together with the time sequence of each segment thereof, the faculty for each segment, and teaching techniques used in each segment;

Section 177.7 of Title 19 NYCRR is amended to read as follows:
            Section 177.7. Computation of instruction time.
            To meet the minimum statutory requirement, attendance shall be computed on the basis of an hour equaling [60] 50 minutes.

Section 175.25 (d)(2) of Title 19 NYCRR is amended to read as follows:
            Section 175.25. Business cards.


(2) Notwithstanding subdivision (c) of this section, business cards must contain the business address of the licensee, license type, and the name of the real estate broker or real estate brokerage with whom the associate real estate broker or real estate salesperson is associated. All business cards must also contain the office telephone number for the associate real estate broker, real estate salesperson or team.