Are you ever confused about who the broker is when you search for property online? Thankfully, the NYS advertising regulations were just amended to adequately disclose to the consumer who the exclusive agent is. The specific updates are included in Andrew Lieb's latest article published in The Suffolk Lawyer, law journal. CLICK HERE FOR THE FULL ARTICLE.
Showing posts with label real estate brokerage tips. Show all posts
Showing posts with label real estate brokerage tips. Show all posts
Tuesday, November 10, 2020
Monday, August 03, 2020
New Housing Discrimination Law – RE Brokers Exposed to Fines & Revoked / Suspended Licenses
Effective August 3, 2020, the Department of State is given the discretion to fine, suspend, or revoke a real estate broker or salesperson's license for violations of the New York State Human Rights Law in their capacity as broker or agent.
Governor Cuomo signed Senate Bill S6874-A which specifically amends Section 441-c of the Real Property Law to include violations of Article 15 of the Executive Law or the New York State Human Rights Law as a ground for revoking or suspending a real estate broker or salesperson's license.
Ironically, the law already included the Department of State’s ability to revoke a license at 19 NYCRR 175.17(b), which states:
Governor Cuomo signed Senate Bill S6874-A which specifically amends Section 441-c of the Real Property Law to include violations of Article 15 of the Executive Law or the New York State Human Rights Law as a ground for revoking or suspending a real estate broker or salesperson's license.
Ironically, the law already included the Department of State’s ability to revoke a license at 19 NYCRR 175.17(b), which states:
“No real estate broker or salesperson shall engage in an unlawful discriminatory practice, as proscribed by any federal, state or local law applicable to the activities of real estate licensees in New York State. A finding by any federal, state or local agency or court of competent jurisdiction that a real estate broker or salesperson has engaged in unlawful discriminatory practice in the performance of licensed real estate activities shall be presumptive evidence of untrustworthiness and will subject such licensee to discipline, including a proceeding for revocation. Nothing herein shall limit or restrict the Department from otherwise exercising its authority pursuant to section 441-c of the Real Property Law.”
Is the new law than just lip service to appease the public after the Newsday investigation which uncovered rampant housing discrimination violations in the real estate industry?
Weigh in.
By Litigation Team at Lieb at Law, P.C., &
Anonymous
Tags:
#liebatlaw,
associate real estate broker,
Fair Housing,
Human Rights Law,
licensed real estate broker,
real estate brokerage tips,
Real Estate Brokers and Salesperson,
real estate salesperson
Monday, March 02, 2020
Podcast | New Discrimination Law Coming to NY: Notice of Right to Sue from Brokers
Discrimination in housing is no joke and real estate investors are exposed more than ever before. In this #METOO movement, elected officials all over the country have assured the public that they will be enforcing discrimination laws. In fact, we are about to see a new law in New York State that forces Real Estate Brokers to provide a new form to buyers and tenants that shows them how to sue for discrimination. Real Estate Investing Coach Andrew Lieb provides an update to the pending regulation and what landlords and brokers can do to prepare for this new law.
Monday, January 27, 2020
RE Brokers Paying Lawyers is a No-No
For a long time, real estate brokers on Long Island drafted leases for their clients, the landlords. As time passed, these brokers became educated about the illegality of this act and decided to stop committing a felony or being subject to having their license revoked. However, real estate brokers often couldn’t help themselves. They needed to connive another scheme to have the leases drafted for them, rather than simply referring their clients to attorneys as the law required. So, many real estate brokers have found unethical attorneys to draft their leases while the brokers pay such attorneys directly while controlling the representation. Simply, these attorneys are answerable to the broker, not the client.
This article by Andrew Lieb, Esq. published in The Suffolk Lawyer discusses how the unethical attorneys should be checking their mailbox for a letter from grievance.
Monday, November 25, 2019
Pointless Legislation? RE Broker Discrimination = License Revocation
Newsday is reporting that "Sen. James Gaughran (D-Huntington) and Assemb. Kimberly Jean-Pierre (D-Babylon) introduced a bill that would expand the state’s authority to suspend or revoke a real estate agent’s license."
Did you know that a law already exists that provides for discrimination = license revocation?
19 NYCRR 175.17(b) states:
No real estate broker or salesperson shall engage in an unlawful discriminatory practice, as proscribed by any federal, state or local law applicable to the activities of real estate licensees in New York State. A finding by any federal, state or local agency or court of competent jurisdiction that a real estate broker or salesperson has engaged in unlawful discriminatory practice in the performance of licensed real estate activities shall be presumptive evidence of untrustworthiness and will subject such licensee to discipline, including a proceeding for revocation. Nothing herein shall limit or restrict the Department from otherwise exercising its authority pursuant to section 441-c of the Real Property Law.
Yes, codifying the law makes sense, but unless DOS prosecutes, what's the point?
Just remember, not every charge of discrimination is legitimate.
Let us know your thoughts in comments.

Did you know that a law already exists that provides for discrimination = license revocation?
19 NYCRR 175.17(b) states:
No real estate broker or salesperson shall engage in an unlawful discriminatory practice, as proscribed by any federal, state or local law applicable to the activities of real estate licensees in New York State. A finding by any federal, state or local agency or court of competent jurisdiction that a real estate broker or salesperson has engaged in unlawful discriminatory practice in the performance of licensed real estate activities shall be presumptive evidence of untrustworthiness and will subject such licensee to discipline, including a proceeding for revocation. Nothing herein shall limit or restrict the Department from otherwise exercising its authority pursuant to section 441-c of the Real Property Law.
Yes, codifying the law makes sense, but unless DOS prosecutes, what's the point?
Hey Brokers - should a license be lost if a broker is found to have discriminated?
Just remember, not every charge of discrimination is legitimate.
Let us know your thoughts in comments.

Monday, February 11, 2019
Tuesday, February 05, 2019
Time Records Required For Rental Real Estate Brokers
Attention rental brokers – there is a new Safe Harbor available for your clients to claim qualified business income that is entitled to a 20% income tax deduction set forth at 26 USC §199A and your clients are going to need your help to qualify.
The Safe Harbor, published by the IRS as “Section 199A, Trade or Business Safe Harbor: Rental Real Estate,” treats rental real estate enterprises as a qualifying trade or business for purposes of 26 USC §199A.
Learn how to qualify by reading the full article by Andrew Lieb, Esq. published in the New York Real Estate Journal here.
Wednesday, July 12, 2017
Lieb at Law: Are Pocket Listings Legal?
A real estate broker whispers to you that they have an off-market listing that is to die for, but you have no idea what an off-market listing is. More so, the way the real estate broker told you about the listing just sounds to you like something is not right about the transaction. Is this pocket listing even legal?
A pocket listing means that the real estate broker has a listing that is not being advertised to the public markets. Isn’t that an illegal monopoly? In the State of New York, contracts or agreements that refrain trade are illegal and void pursuant to the General Business Law §340, or what is commonly referred to as the Donnelly Act. The Donnelly Act is New York’s version of the federal Sherman Antitrust Act where the state and federal laws require identical basic elements.
Monday, May 29, 2017
Fees for Brokerage License Increased on April 20, 2017
Fees for licensing have increased by $5 as of April 20, 2017. For real estate brokers the fee is now $155 and for real estate salesman (a/k/a, real estate salespersons) the fee is now $55.
Real Property Law 441-b(1) now reads (words in brackets are the former statute and capitalized words represent the now current statute):
The fee for a license issued or reissued under the provisions of
this article entitling a person, co-partnership, limited liability
company or corporation to act as a real estate broker shall be [one
hundred fifty] ONE HUNDRED FIFTY-FIVE dollars. The fee for a license
issued or reissued under the provisions of this article entitling a
person to act as a real estate salesman shall be [fifty] FIFTY-FIVE
dollars. Notwithstanding the provisions of subdivision seven of section
four hundred forty-one-a of this article, after January first, nineteen
hundred eighty-six, the secretary of state shall assign staggered expi-
ration dates for outstanding licenses that have been previously renewed
on October thirty-first of each year from the assigned date unless
renewed. If the assigned date results in a term that exceeds twenty-four
months, the applicant shall pay an additional prorated adjustment
together with the regular renewal fee. The secretary of state shall
assign dates to existing licenses in a manner which shall result in a
term of not less than two years.
Real Property Law 441-b(1) now reads (words in brackets are the former statute and capitalized words represent the now current statute):
The fee for a license issued or reissued under the provisions of
this article entitling a person, co-partnership, limited liability
company or corporation to act as a real estate broker shall be [one
hundred fifty] ONE HUNDRED FIFTY-FIVE dollars. The fee for a license
issued or reissued under the provisions of this article entitling a
person to act as a real estate salesman shall be [fifty] FIFTY-FIVE
dollars. Notwithstanding the provisions of subdivision seven of section
four hundred forty-one-a of this article, after January first, nineteen
hundred eighty-six, the secretary of state shall assign staggered expi-
ration dates for outstanding licenses that have been previously renewed
on October thirty-first of each year from the assigned date unless
renewed. If the assigned date results in a term that exceeds twenty-four
months, the applicant shall pay an additional prorated adjustment
together with the regular renewal fee. The secretary of state shall
assign dates to existing licenses in a manner which shall result in a
term of not less than two years.
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