Legal Media Analysts

Showing posts with label ethics. Show all posts
Showing posts with label ethics. Show all posts

Wednesday, March 09, 2022

Ethics for RE Broker Attorneys - New Opinion

According to the NYS Bar Association, in Ethics Opinion 1237, "A lawyer may not accept the referral of real estate closings from a real estate agent who is associated with a real estate company owned by the lawyer where the real estate agent and the real estate company will split the brokerage commission earned on the real estate transaction, regardless of whether the attorney agrees to waive in favor of the real estate clients the portion of the real estate commission due to his real estate agency."

So, a broker / lawyer cannot take referrals of closings from an agent who works at that lawyer's / broker's real estate brokerage. It does not matter if the lawyer "waived any brokerage commission" he would otherwise receive in favor of his client. 

The reason is that his agent will nonetheless receive a commission split and that constitutes the payment for referrals. 

The takeaway is that an attorney should choose to do closings or work in brokerage, not both.

Wednesday, December 11, 2019

Ethics for Real Estate Attorneys

Tonight, 12.11.19, I am teaching the CLE Course Ethics for Real Estate Attorneys as sponsored by my good friends at First American.

The supporting materials for the course can be found here.

Friday, June 07, 2019

How to tell if your lawyer is an idiot

Everywhere that I go these days, I see attorney's signs that say that they specialize in this or that. It's on their website, on their shingle, Linkedin - you name it.

Just so consumers know - attorneys' ethical rules state:

A lawyer or law firm may publicly identify one or more areas of law in which the lawyer or the law firm practices, or may state that the practice of the lawyer or law firm is limited to one or more areas of law, provided that the lawyer or law firm shall not state that the lawyer or law firm is a specialist or specializes in a particular field of law, except as provided in Rule 7.4(c).

If your attorney is getting hired by breaking the law, do you think you have a good lawyer?

Just saying...

Monday, October 03, 2016

Continuing Education Requirements for New York Licensed Real Estate Brokers and Salespersons

New York Real Estate Salespersons and Brokers are regulated by the Department of State, New York (DOS) and are required to complete 22.5 Continuing Education credits within a 2 year license renewal period.  License renewal dates can be found on the New York State Real Estate License (look for license expiration date). 

As of 01/01/2017, Licensed NY Real Estate Salespersons and Brokers must take the following Continuing Education courses in their renewal cycle:

  • 3 Hours of instruction pertaining to Fair Housing and/or Discrimination in the sale or rental of real property or an interest of real property
  • 2 Hours of Agency Disclosure for the initial two-year licensing term and at least 1 hour of Agency Disclosure in subsequent renewal cycles. 
If you are grandfathered in, the new continuing education requirements do not apply.  

  • Draw your attention to this paragraph "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."

In addition to the New York State Continuing Education requirements, member's of the National Association of REALTORS® are required to complete ethics training of not less than 2 hours, 30 minutes of instructional time within four-year cycles. The training must meet specific learning objectives and criteria established by the National Association of REALTORS®. The current cycle will end Dec. 31, 2016. 

Lieb School offers a license renewal package that satisfies ALL of the requirements above. 

Or you can purchase individual courses here: