NY Real Estate Brokers and Salespersons that were previously exempt from Continuing Education will no longer be exempt and will need to have completed the full CE requirements, including the new subjects prior to submitting a renewal on or after 7/1/2021.

On 10/23/19, continuing education requirements for NYS real estate brokers, associate real estate brokers and real estate salespersons were changed by A6082. These changes are effective 7/1/21.

Lieb School has got you covered for your continuing education needs. Because our school's courses are written & taught by Andrew M. Lieb, Esq. we have been teaching the required courses this entire time! We know what topics you need to avoid getting sued while making money.

The new law creates 2 new categories of continuing education: "ethical business practices" & "recent legal matters" plus it eliminates grandfathering for brokers who were licensed 7/1/08.

NOW, all licensees must receive 22.5 hours of continuing education every 2 years to stay licensed. The 22.5 hours must include:

• 3 hours on fair housing &/or discrimination
• 2.5 hours on ethical business practices
• 1 hour on recent legal matters governing the practice of real estate brokers and salespersons in New York, which may include statutes, laws, regulations, rules, codes, Department of State Opinions and Decisions, and Court Decisions 
• 1 hour on the law of agency (2 hours in the initial 2-year cycle)

Amended RPL §441(3)(a) now states (capital is newly added & [] are deleted):

No renewal license shall be issued any licensee under this article for any license period commencing November first, nineteen hundred ninety five unless such licensee shall have within the two year period immediately preceding such renewal attended at least twenty-two and one-half hours which shall include at least three hours of instruction pertaining to fair housing and/or discrimination in the  sale or rental of real property or an interest in real property, AT LEAST TWO AND ONE-HALF HOURS OF INSTRUCTION PERTAINING TO ETHICAL BUSINESS PRACTICES, AT LEAST ONE HOUR OF INSTRUCTION PERTAINING TO RECENT LEGAL MATTERS GOVERNING THE PRACTICE OF REAL ESTATE BROKERS AND SALESPERSONS IN NEW YORK WHICH MAY INCLUDE STATUTES, LAWS, REGULATIONS, RULES, CODES, DEPARTMENT OF STATE OPINIONS AND DECISIONS, AND COURT DECISIONS AND at least one hour of instruction pertaining to the law of agency except in the case of the initial two-year licensing term for real estate salespersons, two hours of agency related instruction must be completed, and successfully completed a continuing education real estate course or courses approved by the secretary of state as to method, content and  supervision, which approval may be withdrawn if in the opinion of the secretary of state such course or courses are not being conducted properly as to method, content and  supervision. For those individuals licensed pursuant to subdivision six of section four hundred forty-two-g of this article, in the individual's initial license term, at least eleven hours of the required twenty-two and one-half hours of continuing education shall be completed during the first year of the term. Of those eleven hours, three hours shall pertain to applicable New York state statutes and regulations governing the practice of real estate brokers and salespersons. To establish compliance with the continuing education requirements imposed by this section, licensees shall provide an affidavit, in a form acceptable to the department of state, establishing the nature of the continuing  education acquired and shall provide such further proof as required by the department of state. [The provisions of this paragraph shall not apply to any licensed real estate broker who is engaged full time in the real estate business and who has been licensed under this article prior to July first, two thousand eight for at least fifteen consecutive years immediately preceding such renewal.]

Most importantly, a Lis Pendens does not necessarily mean that there is a foreclosure on the property. Instead, a Lis Pendens simply means that a lawsuit has been filed against the property. This lawsuit could be a foreclosure, but it could also be a lawsuit for partition, adverse possession, prescriptive easement, constructive trust, specific performance, as well as many other topics.

So, first and foremost don't assume that there is a foreclosure on the property, but instead make inquiry as to the Lis Pendens.

• Step 1 - Ask the homeowner the nature of the lawsuit on the property.
• Step 2 - Inquire if you can talk to the homeowner's attorney to learn whether the lawsuit will be an impediment to selling the property (e.g., a specific performance lawsuit by a prior purchaser can make it impossible to sell the house whereas a foreclosure lawsuit with a house with equity remains a viable sale and a foreclosure lawsuit with a house without equity can be sold as a short sale).
• Step 3 - Assuming the lawsuit is a foreclosure, determine when the lawsuit was filed with the county clerk because if it was years ago its going to be very hard to sell the house before the auction (i.e., you can sell up until the auction as long as the seller can payoff the loan or if the lender takes a short payoff) and the homeowner likely defaulted on the lawsuit (i.e., they lost for inaction).
• Step 4 - If it is a foreclosure, help the homeowner to order payoff letters from their lenders in order to ascertain the precise amount owed (i.e., its not just the loan, but also the penalties, interest and attorneys' fees that are owed when the property is in foreclosure).  
• Step 5 - Workup a brokers' price opinion for the house as a distressed sale.
• Step 6 - Calculate closing costs for your seller.
• Step 7 - Determine if the seller has enough equity to close without dipping into their own pocketbook (i.e., compare the BPO with the payoffs and the closing costs). 
• Step 8 - If there is enough equity, list the house fast; if not, advise the seller that you can only list the property as a short sale (i.e., subject to bank approval with a short payoff).