LIEB BLOG

Legal Analysts

Showing posts with label Lieb School. Show all posts
Showing posts with label Lieb School. Show all posts

Tuesday, December 06, 2022

NY Real Estate Course Cultural Competency

In New York all real estate licensees (real estate salespersons, brokers, and associate brokers) must receive 22.5 hours of continuing education every 2 years to stay licensed. Part of the requirement is a 2 hour class on cultural competency. 


Lieb School offers a web-based video (on-demand) class that satisfies the NY continuing education requirement of cultural competency. This course also satisfies the cultural competency requirement to obtain a broker's license. 


To learn more about and register for the Cultural Competency class CLICK HERE. 


For more information on our on-demand real estate continuing education courses and $99 license renewal package CLICK HERE. 


All Lieb School courses are instructed by Attorney Andrew Lieb. 



Wednesday, September 21, 2022

NY Real Estate Qualifying Education Update for Broker Applicants

Recent legislation revising the Real Estate Property Law regarding the qualifying education requirements for real estate brokers was recently adopted.  Effective September 21, 2022, all individuals applying for a real estate broker license must complete two hours of instruction pertaining to cultural competency. 


In order to satisfy the new education requirements, broker applicants will be allowed to submit proof of completing a 2-hour continuing education course on cultural competency.

 

Please note: Effective December 21 ,2022, the 45-hour broker course will increase to 75 hours and includes cultural competency training.


Lieb School offers the 2 hour cultural competency course. You can register for it here. 




Wednesday, May 13, 2020

Podcast | Foreclosures & Mortgage Modifications - Perspective From The Lender

You can't just decide to stop paying your mortgage without consulting with your Lender. 

In Episode 42, Andrew and Lauren breakdown the cost/benefit analysis of whether you deserve a mortgage modification. We discuss foreclosure lawsuits, mortgage terms and what motivates a modification from your lenders perspective.

In Episode 43, From the initial phone call to the bank, we go through how to get a mortgage forbearance agreement and understand the terms before you find yourself with a much bigger problem. Bob Lund leads the residential lending department at Bethpage Federal Credit Union and shares insights from his perspective.




Monday, March 02, 2020

Podcast | Real Estate Tips: Business Planning

Friday, February 07, 2020

Recent Legal Matters CE Course & DOS Guidance on Paying Landlord's Agents

Last night, 2/6/2020, we were thrilled to have a packed house attending our new CE - Recent Legal Matters.

Image may contain: 10 people, people sitting and indoor

While not specifically a course topic, the DOS Guidance's Additional FAQs (updated: 1/31/2020) was brought up by students. Specifically, students inquired about FAQ #5:
5. CAN A LANDLORD’S AGENT COLLECT A “BROKER FEE” FROM THE PROSPECTIVE TENANT? No, a landlord’s agent cannot be compensated by the prospective tenant for bringing about the meeting of the minds. NY RPL § 238-a(1)(a) provides, in part, “no landlord, lessor, sub-lessor or grantor may demand any payment, fee, or charge for the processing, review or acceptance of an application, or demand any other payment, fee or charge before or at the beginning of the tenancy, except background checks and credit checks….” The fee to bring about the meeting of the minds would be a “payment, fee or charge before or at the beginning of the tenancy” other than a background or credit check as provided in this section. Accordingly, a landlord’s agent that collects a fee for bringing about the meeting of the minds between the landlord and tenant (i.e., the broker fee) from the tenant can be subject to discipline. 
What good timing for this to come up because our course materials included an explanation of the requirements for an agency (DOS) to issue a regulation, which were not undertaken with respect to this Guidance. As such, the Guidance is NOT law, but, instead an agency's interpretation of law. With respect to the Guidance constituting an interpretation rather than law, we explained how and when an agency's interpretation is given deference by the courts who are the co-equal branch of government with the constitutional authority to be the final voice on interpreting statutes (laws). Incident thereto, we shared the following quotes from case law with our students:
It is well settled that “[a]n agency's interpretation of its own regulation ‘is entitled to deference if that interpretation is not irrational or unreasonable’” &
“the question is one of pure statutory reading and analysis, dependent only on accurate apprehension of legislative intent, there is little basis to rely on any special competence or expertise of the  administrative agency and its interpretive regulations... And, of course, if the regulation runs counter to the clear wording of a statutory provision, it should not be accorded any weight.”
Oh, do we expect a legal battle on this issue. Stay tuned. It's going to get entertaining fast.