LIEB BLOG

Legal Analysts

Friday, March 14, 2014

The Happiest Job in America? Being a Real Estate Agent.

Around this time in 2013, Forbes reported that CareerBliss' employee-generated reviews determined that being a Real Estate Agent is the happiest career in America. Click here for the article. The results are old, but the underlying reasons are what interested me, not to mention they are still relevant today. Let's find out why being a Real Estate Agent is such a happy job:

The study asked employees to review ten factors that affect their workplace happiness:
  1. Relationship with boss
  2. Relationship with co-workers
  3. Work environment
  4. Job resources
  5. Compensation
  6. Growth opportunities
  7. Company culture
  8. Company reputation
  9. Daily tasks
  10. Control over which tasks to perform each day
Being a Real Estate Agent is not your typical 9-5 cubicle job where your job is to simply finish the work that is handed to you. Every agent knows that they are solely responsible for their success. As a Real Estate Agent, your rewards are proportional to your effort, professionalism, and skill. If you want to just "show up" and coast, you are going to fall flat on your face. On the flip side, if you want to be in control of your career, all of the tools are laid at your feet. 

When a Real Estate Agent joins a brokerage, they are giving away part of their hard earned commissions in exchange for the benefits being a member of a brokerage provides. When you look at the ten factors above, you see ten things which Real Estate Agents want in their careers, and ten things brokerages want to provide to help their agents succeed.

A Real Estate Agent at a major brokerage can check off each of the ten factors:
  1. A professional relationship with their boss who rises and falls with their agent's success.  
  2. A professional relationship with their co-workers who share the same goals and have the same desire to succeed. In addition, all the benefits which accompany having a large network of agents which makes it easier to connect buyers and sellers. Your co-workers are a resource to be utilized and respected. 
  3. A positive work environment which is a product of the other nine items on this list.
  4. Access to MLS or a similar listing service, a strong legal team, professional office space, advertising, brand recognition, and other brokerage specific resources which help you do your job better, faster, and more efficiently. 
  5. Compensation that rewards you for your work - your extra effort finds its way directly into your pocket. 
  6. Unlimited growth opportunity - the only ceiling is your own desire and will succeed. 
  7. A company culture that rewards success and promotes independence. 
  8. Brand recognition and reputation that lends itself to any agent who operates under their brokerage's umbrella.
  9. A work day which is almost never the same as the day before, or the next day. There are always new challenges to tackle and new faces to interact with. 
  10. Nearly completely autonomous control over what to do, when to do it, and how to do it. 
Brokerages - Think about what your agents want and how you can help them succeed. After all, their success is your success.

Real Estate Agents - Think about all the benefits your brokerage provides and make sure you are utilizing each them to their full extent.

Non real estate professionals - How can you incorporate some of the things from this list to make your work (or your employees) more enjoyable and more productive?

As for the unhappiest job in America, I guess CareerBliss forgot to interview Lieb at Law employees. 

Sunday, March 09, 2014

Smart Home Must Haves

Donald Bell of CNET goes through simple smart home upgrades that are must haves for those techies in the real estate world.

Mr. Bell discusses the best in smart lights, outlets, smoke detectors, thermostats and locks that will change your home and change your life.

Thursday, March 06, 2014

Broker Entitled to Implied Commission even without Agreement

The Appellate Court recently decided Harris v. Clancy, a case where the Court ruled that a seller had the burden to prove that a broker had "agreed to forgo a commission" or the Court stated that one would be implied by the Court regardless of the nonexistence of a brokerage agreement.

The Court found support in precedent that held "[a]bsent an agreement not to pay a commission, where a broker has performed as a broker and the seller has accepted the broker's services, an agreement to pay a commission will be implied even in the absence of an agreement regarding a commission ..., and the court will be charged with determining the amount of the commission".

So brokers, while you should always have a brokerage agreement with your client or co-broker to prove how much you are owed, its really your client or co-broker who benefits the most from the agreement, not you. Remember this case the next time that your client or co-broker resists signing your brokerage agreement; then, you may want to share this case with them and say that you are only asking them to sign your agreement to help them out.


Tuesday, March 04, 2014

Lieb School Expands to Long Island City

Lieb School now offers free continuing education courses in Queens. The first course will be held on May 2nd in the iconic Citigroup Building in Long Island City. For more information visit www.liebschool.com 

Agency Disclosure
Credits: 3
Instructor: Andrew Lieb, Esq. 

Every broker must send their agents to this continuing education course to learn Agency Disclosure.
This course will answer the maddening questions that are always in the back of every real estate agent’s mind in brokerage:  How do I fill out the form? Who do I work for? How can I get both sides of the deal? Can the Department of State fine me if I mess this up? Why does my broker care so much? Does this affect my commission? How about my license?
You will learn the whole enchilada about agency from disclosure in the presence of another broker to disclosure by electronic means to disclosure at an open house to disclosure when your client / customer refuses to sign the form, and so much more.  You will be familiarized with the applicable statute, the relevant regulation, court cases that decipher your duties and DOS Administrative Decisions that fine violators. This course even includes a skills component where you will learn how to fill out the Agency Disclosure Form in every possible scenario. Finally, you will get it right.  It’s mandatory to practice Agency Disclosure and after taking this course, you will.

Making Home Affordable - New Handbook Available - Version 4.4

To access the new Handbook for MHA, inclusive of HAMP and HAFA, click here.

This Handbook is the rules for banks / servicers to modify mortgages, so pay careful attention to detail and make sure that they comply.

Friday, February 28, 2014

Is your buyer precluded from buying US Real Estate?

Check with the Office of Foreign Assets Control at the US Treasury before you help your client buy.

To use the Office's search features by person and country, click Resources on the page and find the feature that fits your need.

Remember, The Office of Foreign Assets Control administers and enforces economic sanctions programs primarily against countries and groups of individuals, such as terrorists and narcotics traffickers. The sanctions can be either comprehensive or selective, using the blocking of assets and trade restrictions to accomplish foreign policy and national security goals.

So, its important to check the Office's Resources frequently as sanctions change and you need to know what the rules are today when working in real estate brokerage.

Taxation of Foreign Investors in Real Estate

Today we are teaching our course, Foreign Buyers, in NYC. Our students will begin to understand the implications of alienage in terms of real estate. We will also discuss the different rules for passive investments v. active investments. Real estate can be held in both fashions and its imperative to understand whether a 30% flat tax will apply on Gross Revenues or if instead a graduated tax will apply to Net Revenues. To help our students understand this topic further, we recommend reading U.S. TAXATION 
OF FOREIGN NATIONALS.

Thursday, February 27, 2014

DECISION: A Licensed Building on Public Land is Allowed Without State Approval


Licensing a building on parkland has been addressed by New York’s Court of Appeals last Thursday. If you ever have a commercial client who is interested in building a restaurant or food stand on public land, this is an important case to be familiar with.

In 2008, the New York City Department of Parks and Recreation renovated Union Square Park with the intention of building a restaurant on the pavilion in the northern part of the park. When Chef Driven Market, LLC was given a license to run a restaurant on the pavilion in 2012, the community rose in an uproar, claiming that such a restaurant does not have a purpose in the historic park and hence violates the “public trust doctrine.” The community groups exclaimed that a restaurant in the park itself was unnecessary since there were many restaurants to choose from in the nearby area. The pavilion could be used for better purposes, such as dance classes or debate sessions.

However, New York’s highest court has ruled in favor of the city’s Department of Parks and Recreation, disagreeing with the community groups that the restaurant is in violation of the public trust doctrine. The restaurant, with its reasonable prices, outdoor seating available to the public, and charity events, would add to the park’s appeal beauty, and safety and improve the community as a whole. The community groups may have a different opinion as to what the pavilion should be used for, but this does not mean that the restaurant itself is illegal.

It is also important to note that if the Department had leased, not licensed, the pavilion to Chef Driven Market, LLC, then the restaurant would certainly be unlawful without approval from the State. However, since Chef Driven Market, LLC holds a valid revocable license to run a restaurant with ample oversight from the Department of Parks and Recreations, there is no need to get the state’s approval at all. The difference between a license and a lease is that the license gives the Department ultimate control over the day-to-day activities of the restaurant, even the right to terminate the agreement at will. A lease, on the other hand, would give Chef Driven Market, LLC control over the restaurant and use of the property instead.


Brokers, keep in mind that a brokerage license is required for leases, but NOT for licenses, pursuant to RPL 4401(1). If you know anyone that would like to obtain a license to operate a building on parkland, he or she does not necessarily need the help of a licensed real estate broker to do so!

Continuing Education Q &A: NY Real Estate Salespersons that hold 2 licenses

Question: I hold two NY Real Estate Salespersons licenses with different expiration dates. Do I need 22.5 credits of continuing education for each license? If not, do I have to track my credits against both licenses or one, if so which one? Please help clarify...

Answer: Generally it is the first license issued which sets the cycle for continuing education. This isn't an exact science as sometimes agents let either license expire for periods of time. See below example for clarification:
 
  • If an agent is renewing license B, but they completed education within two years immediately preceding renewing license A, then license A set the two year cycle for CE and no education would be required for renewal of license B. Of course, the licensee would continue to use license A as the term in which CE must be completed prior to renewal.

Why Should a Homeowner Hire YOU to Sell Their Home?

Part of my regular reading is a wonderful blog from a local real estate brokerage analytic company called Keeping Current Matters. While browsing the blog I found an infographic from a Park City Utah based real estate brokerage titled "Top 10 Reasons to Hire a Real Estate Agent". The list discusses the value a seller obtains by hiring a real estate agent instead of listing for sale by owner. The list is helpful in establishing the basic value of a real estate agent, but in my opinion it does not go far enough. Any real estate agent can convince a homeowner why hiring an agent is better than listing for sale by owner, but a superstar can convince a homeowner why hiring them is the only option.

As a real estate agent, it is crucial that you maintain a constant self awareness of the value you provide above and beyond any other real estate agent or brokerage. Create a list of things that you do better than any other real estate agent. Always work to expand that list and focus on building upon the strengths you already possess. If you are aware of the value you provide, it will naturally find its way into your representation. As your network and reputation grows, these value adds will stay attached to your name and brand.

This self awareness of what makes you indispensable and unique not only makes it easier for you to pitch your services to a potential client - it also helps you grow as a professional. Why should I hire you when it's time to sell my home?