Legal Analysts

Showing posts with label real estate litigation. Show all posts
Showing posts with label real estate litigation. Show all posts

Tuesday, April 23, 2024

Addressing Legal Needs for Real Estate Brokerages

Lieb at Law represents many of the nation's largest real estate brokerage companies in addition to small and medium-sized offices and individual licensees. The firm's services range from advising cutting edge PropTech startups on corporate structuring and securities laws from seed round to operational compliance and more. We also offer traditional brokerage firms full litigation services.

Lieb at Law's real estate brokerage litigation services includes representation in courts, arbitrations, and mediation where we conduct hearings, trials, and appeals in addition to negotiating favorable settlements,on such topics as:

  • Anti Competitive Practices
  • Breach of Fiduciary Duty
  • Commission Disputes / Affidavits of Entitlement
  • Fair Housing & Discrimination
  • False Advertising
  • Fraud / Fraudulent Inducement
  • License Law Violations and Administrative Complaints before the Government
  • NAR / REBNY Ethics & MLS / RLS Complaints
  • Subpoenaed Non-Party Witness Representation

In addition to their litigation expertise, Lieb at Law assists in mitigating litigation risk by developing customized policies, forms, and procedures for each company, aimed at enhancing overall compliance and reducing legal challenges. They draft independent contractor agreements, in compliance with such laws as the Freelance Isn't Free Act, and employment agreements, so as to avoid misclassification issues. Furthermore, their extensive training programs for licensees, including digital on-demand sessions, play a crucial role in equipping real estate broker's to defend against lawsuits effectively.

Lieb at Law's trainings and policies are meticulously crafted to mitigate litigation risks. Led by Attorney Andrew Lieb, their compliance courses provide invaluable insights and practical guidance, helping licensees, managers, and other employees and independent contractors, stay up-to-date with regulatory requirements and industry best practices.

Explore Lieb at Law's comprehensive range of TRAININGS & CERTIFICATIONS, covering essential topics such as Fair Housing & Discrimination, Rental Training, Subsidies Training, Housing Security and Tenant Protection Act of 2019, Agency Disclosure, Sexual Harassment Prevention Training, New Agent Training / Orientation Training, Commercial Compliance, Property Manager Compliance, License Law Annual Updates, and License Obligations.

At Lieb at Law, they understand the importance of proactive legal measures and ongoing education in safeguarding the interests of real estate brokerage companies. Trust Lieb at Law to be your strategic partner in navigating legal challenges and ensuring compliance in today's changing real estate brokerage industry.

Contact Lieb at Law today.  

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Friday, April 19, 2024

Navigating Real Estate Discrimination - Your FAQs Answered

Real estate discrimination must be fought any time you’re buying, selling, or renting any type of housing or commercial property. Real estate discrimination involves unfair treatment because of your source of income, disability, race, religion, sex, gender, and many other protected classes. Because discrimination in the housing market can be attributed to so many factors, it’s crucial for buyers, sellers, and renters to be familiar with their rights. Learn more about real estate discrimination through our answers to your most frequently asked questions below.

If you are a real estate broker or salesperson charged with discrimination, contact Lieb at Law to learn how we can defend you with our team of real estate discrimination lawyers.

Is real estate discrimination illegal?

Yes. Discrimination in real estate is illegal throughout the United States. In some states, like New York, there are even greater protections, rights, and damages available to victims of housing discrimination. You are entitled to compensation whether you were discriminated against by a seller, landlord, tenant co-op, condo, HOA, lender, real estate broker, salesperson, or property manager.

Does real estate discrimination only apply to housing?

No. Real estate discrimination laws apply to both housing and places of public accommodation. Examples include shopping centers, professional offices, retail stores, recreational facilities, service centers, and educational institutions.

Can I sue for housing discrimination?

Yes. Not only is it possible to sue for real estate discrimination, but Lieb at Law, P.C. has helped countless individuals recover compensatory damages and punitive damages for the emotional distress inflicted by this unlawful act. If you or a loved one were discriminated against because of your protected status or class, it is critical to work with an experienced attorney who will fight to ensure that you receive the compensation you deserve.

What qualifies as discrimination?

Discrimination is classified as unfair treatment to an individual because of their protected status or class. These statuses/classes vary throughout the United States, but may include race, ethnic background, visible traits (hair texture, hairstyle, donning of religious garments or items), color, national origin, citizenship status, alienage status, immigration status, lawful source of income (subsidy recipient status), occupation, religion, creed, marital status, partnership status, sex, gender, sexual orientation, gender identity or expression (transgender status), domestic violence victim status, stalking victim status, sex offense victim status, familial status, pregnancy, presence of children, handicap (disability), age, military status, uniformed service, veteran status, first responder status, arrest record, and sealed conviction record.

Can a real estate / housing provider change the terms of a lease or contract based on my protected class?

No. The law prevents real estate / housing providers from changing the terms, conditions, privileges, and/or availability of property based on your protected class status. It requires real estate brokers / salespersons to give you written disclosures that advise you of your rights. It prevents you from being treated differently from others where only the terms of your offer matter, not who you are.

Are handicapped individuals entitled to housing accommodations?

Yes. If you are handicapped or disabled, you are entitled to receive reasonable accommodations and reasonable modifications to allow you to equally use and enjoy the property. Your actual diagnosis does not need to be revealed and can remain confidential if you seek an accommodation or modification. In addition, the cost of the accommodation cannot be charged to you. In places like New York City, the cost of modifications cannot be charged to you either.

What are common examples of disability cases concerning housing discrimination?

The most common handicap and disability cases that we see involve service animals or emotional support animals in no pet properties. Other types of cases include parking issues, egress ramps for mobility impairments, and additional failure-to-accommodate cases. When it comes to accommodating the rights of handicapped and disabled individuals, providing access is essential.

Can I be discriminated against based on my source of income?

Whether you receive subsidies, like Section 8 (Housing Choice Vouchers), or are unemployed and receive child support, disability, spousal support, or have a trust fund, your source of income cannot impact your housing choices. The law protects you from offensive signage, improper applications, and/or wrongful questionnaires if they inquire about your employment status, request your W-2, or solicit a letter of employment. Where you get your rent money is your business and yours alone.

Can I be retaliated against if I proceed with a discrimination lawsuit?

Don't be afraid to speak-up. If you are advancing a fair housing and/or anti-discrimination right, you are protected from retaliation. Even if it is ultimately found that you were not discriminated against, you can be compensated for facing unlawful coercion, intimidation, threats, or other types of interference with your anti-discrimination rights. It also applies if you are an ally who is aiding and/or encouraging someone else to exercise their rights to be free from discrimination.

What happens if I win my housing discrimination case?

As the victim, you can recover compensatory damages, punitive damages, and your attorneys’ fees. The perpetrator can lose their license (if applicable), be required to take trainings, be made to pay fines, and be ordered to stop their offensive behavior. Working with a top discrimination attorney affords you the best possible chance at a successful outcome to your case. If you or a loved one has been treated unfairly and is in need of legal assistance, contact Lieb at Law today.

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Tuesday, November 14, 2023

New Law for Foreclosures / Evictions with Deed Theft

On November 14, 2023, Governor Hochul enacted A06656, amending Section 756-a of New York State's Real Property Actions and Proceedings Law. This amendment is designed to safeguard real property owners from the threat of not resolving claims of potential deed theft fast enough while an eviction or foreclosure is pending. 

This amendment permits a stay of any proceeding to recover possession of or resoling title disputes concerning residential properties when there are underlying issues of deed theft or title disputes. This provision applies specifically when there is a pending good faith investigation into the theft or fraud in the title to, or the financing of, the premises that is the subject of any proceeding for eviction or foreclosure.

This measure will serve as a safeguard, mitigating the risk of homeowners who may, unknowingly, lose their residences.

If an individual is convicted of a criminal offense related to deed theft or fraudulent transactions involving real property, this conviction gives rise to a rebuttable presumption of fraud in the deed transfer, so filing charges needs to be part of a strategic litigation strategy moving forward. In fact, if you file, the District Attorney or Attorney General is then entitled to seek the nullification of the deed transfer. The implicated individual must establish by a preponderance of the evidence that the deed was not procured through fraudulent means.

This amendment goes into effect December 14, 2023. 

Tuesday, December 24, 2019

New Law: Foreclosure Standing Never Waived - Renew Your Case Today

On December 23, 2019, S5160 was enacted and "the defense, in a mortgage foreclosure action, of the plaintiff's lack of standing is not waived because of the defendant's failure to raise such defense in his or her responsive pleading."

A standing defense is utilized to argue that the plaintiff is not the right party to sue in that it's not the owner of the mortgage or debt and has not been appointed the power by such owner to pursue the lawsuit. This is one of the most significant changes to the foreclosure litigation practice since the Great Recession and will impact litigation for years to come.

Real Property Actions and Proceedings Law section 1302-a is an early Christmas present to defendants in ongoing litigation as it took effect immediately and appears to apply up until sale even if a Judgment of Foreclosure has already been ordered. Specifically, the new section states that "[a] defendant may not raise an objection or defense of lack of standing following a foreclosure sale." As such, it appears the defense of standing can be raised at any time before the sale.

If you are defending a case that is post-Judgment of Foreclosure and Sale and pre-auction sale, you may want to consider bringing an Order to Show Cause with a Motion to Renew pursuant to Civil Practice Law & Rules Rule 2221-e immediately.

Monday, November 25, 2019

Co-op Purchaser Application Fees Eliminated by Tenant Protection Act?