Just because it’s silent doesn’t mean it isn’t there. Did you know that the state of New York provides residential tenants with many rights that supersede even the most grueling landlord-favorable lease terms?
Andrew Lieb, Esq. shares the top ten tenants' rights that should be fully understood by landlords, tenants and real estate brokers who engage in the rental market on Dan's Papers.
Click here for the full article.
Monday, July 24, 2017
Thursday, July 13, 2017
Tenants’ Rights: Subletting and Assigning
Question:
Can a landlord prevent a tenant from subletting or assigning their lease?
Answer:
Andrew Lieb, Esq. shares this answer in The Huffington Post.
Wednesday, July 12, 2017
Monday, July 10, 2017
Estate Tax Lien Releases Incident to Real Estate Transactions
When selling real estate with an executor’s / administrator’s deed or as heirs at law, incident to the death of the owner, seller’s counsel must address both federal and state estate tax liens that automatically attach to real property on the date of death. Importantly, these liens attach and are effective without recorded notice.
Read the full article published in The Suffolk Lawyer by Andrew Lieb, Esq.
Read the full article published in The Suffolk Lawyer by Andrew Lieb, Esq.
Thursday, July 06, 2017
BRAND NEW VIDEO CE | Brokerage Lawsuits ONLINE | 4 CE Credits | Lieb School
Brokerage Lawsuits ONLINE is a 4 credit online video real estate CE approved by NY DOS for license renewal.
This course was developed and instructed by Andrew Lieb, Esq., a premiere NY real estate litigator and compliance trainer that focuses his legal practice on real estate brokerage litigation.
While enjoying the comfort of your home, you can learn how to sue them for your commission! It’s not simple and it usually takes forever to obtain a favorable resolution. More so, litigation creates exposure for the real estate brokerage and salesperson regardless if they are the plaintiff or the defendant.
This 4 hour course will explain the process of different dispute resolution options such as negotiations, mediation, arbitration and litigation. After completing this course, you will be able to articulate the impact of the Real Estate License Law on such lawsuits, the availability of pre-action Affidavits of Entitlement and Mechanic's Liens to real estate brokers, and how ethics complaints work before the Department of State.
More so, you will understand how the law determines if they are right in their claim or defense by explaining the potential lawsuits for commission and the most common claims against brokerages.
(Works on IPADs, TABLETs, PCs & MACS)
$35.00
Thursday, June 22, 2017
New York State First Home Savings Program Passes Both Houses
A new tax incentive is almost available for purchasing your first home. Legislation has passed both the NYS Senate and Assembly (it is returned to the Assembly before going to the Governor).
The program will work for the purchase or construction of a home, townhome, condominium or unit in a cooperative housing corporation.
Under the account, up to $100,000.00, exclusive of gain, can be invested and withdrawn without state personal income tax if the money is used for purchasing or constructing a first home purchase.
Better yet, parents can create these accounts for their children, where a child would be called a “designated beneficiary” under the statute.
However, to constitute a first time home buyer, whether as a designated beneficiary or on one’s own account, an individual cannot have had any prior “ownership interest in a principal residence at any time” both in the “United States or abroad.” To clarify, an individual does not have an ownership interest if they expect to inherit property or even if they own the remainder interest under a trust.
If the first time purchaser qualifies there is a requirement to utilize the home as a primary residence for “not less than two years after purchase.”
The program will work for the purchase or construction of a home, townhome, condominium or unit in a cooperative housing corporation.
Under the account, up to $100,000.00, exclusive of gain, can be invested and withdrawn without state personal income tax if the money is used for purchasing or constructing a first home purchase.
Better yet, parents can create these accounts for their children, where a child would be called a “designated beneficiary” under the statute.
However, to constitute a first time home buyer, whether as a designated beneficiary or on one’s own account, an individual cannot have had any prior “ownership interest in a principal residence at any time” both in the “United States or abroad.” To clarify, an individual does not have an ownership interest if they expect to inherit property or even if they own the remainder interest under a trust.
If the first time purchaser qualifies there is a requirement to utilize the home as a primary residence for “not less than two years after purchase.”
Stay tuned as the legislation makes its way to the governor's desk and then, parents can start saving for their children's first home like they do on a 529 Plan for college.
Sexual Harassment Trainings Needed
All industries with employees and independent contractors need an inclusive culture through policy and training.
Read NARs article and quotes from Lieb at Law's Managing Attorney Andrew Lieb, Esq.
Mr. Lieb is available for outside compliance counsel, policy drafting and implementation and discrimination trainings. Contact andrew@liebatlaw.com or call 631.878.4455
Read NARs article and quotes from Lieb at Law's Managing Attorney Andrew Lieb, Esq.
Mr. Lieb is available for outside compliance counsel, policy drafting and implementation and discrimination trainings. Contact andrew@liebatlaw.com or call 631.878.4455
Uncivil Discourse
Wednesday, June 21, 2017
Lieb at Law: Top Tips For Strategically Negotiating Real Estate Deals
Negotiating is first and foremost about preparation.
The following is the first half of a negotiating list that is your go to guide for your next real estate transaction. Whether you are buying or selling, renting or just contracting for a home improvement, you will need to negotiate the deal. To get ready, go over this list, tailor it to your situation and then practice, practice, practice with friends and family. Don’t skimp on practice: any weakness in your negotiating game will be exploited by your counterpart.
You must take control to successfully negotiate your next real estate deal. This is the first in a two-part series.
The following is the first half of a negotiating list that is your go to guide for your next real estate transaction. Whether you are buying or selling, renting or just contracting for a home improvement, you will need to negotiate the deal. To get ready, go over this list, tailor it to your situation and then practice, practice, practice with friends and family. Don’t skimp on practice: any weakness in your negotiating game will be exploited by your counterpart.
You must take control to successfully negotiate your next real estate deal. This is the first in a two-part series.
Friday, June 02, 2017
NY Radio CLE (for Attorneys only): Law You Should Know: Real Estate Brokers and the Law (1 CLE Credit)
Law You Should Know: Real Estate Brokers and the Law
CLE Provider: Nassau Academy of LawFeatured Guest: Andrew Lieb, Esq.
CLE Credit: 1 Credit in Areas of Professional Practice
Dates:
Wednesday June 7th at 3pm
&
Sunday June 11th at 7am
on 90.3FM in Nassau County
&
broadcast over the internet www.ncc.edu/whpc
To Obtain CLE Credit for the Program
Prior to Listening to the Program: Download an affirmation form
Tune into 90.3 FM and be sure to listen for a program verification code that will be announced by the host.
Listen for the Code! Code must be written on the affirmation form in order to receive CLE credit.
Prior to Listening to the Program: Download an affirmation form
Tune into 90.3 FM and be sure to listen for a program verification code that will be announced by the host.
Listen for the Code! Code must be written on the affirmation form in order to receive CLE credit.
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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