LIEB BLOG

Legal Analysts

Monday, February 06, 2017

Lieb School Facts: Exclusive Right To Sell Agreement

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Lieb School Facts: Exclusive Right To Sell Agreement


To learn more, Lieb School offers online continuing education classes that are comprised of video's from a live classroom setting that was instructed by premiere lecturer Andrew Lieb, Esq. Content is thereafter broken down in order to simplify the learning experience so that students can absorb our field's complex materials without being overwhelmed.
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Thursday, February 02, 2017

Retired Attorneys can engage in real estate brokerage without a brokerage license

Retired Attorneys can engage in real estate brokerage without a brokerage license
On May 5, 2016, the Department of State was asked:

"[W]hether a 'retired' attorney is exempt from the licensing requirements imposed by the NY RPL."

The DOS opined that "licensure as a real estate broker or salesperson is not required if practicing as a 'retired' attorney because there is oversight by the Appellate Division for breaches of trust and confidence."

 The takeaway is that attorneys, even retired attorneys, need not be licensed by the DOS to broker transactions for compensation.
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Real Estate Salespersons MUST comply with zoning laws on their own property

Real Estate Salespersons MUST comply with zoning laws on their own property
On April 12, 2016, the Department of State was asked:

"As the law states a real estate professional must abide by all laws in the State of New York when a Real Estate Broker is conducting a real estate brokerage at a residential residence, zoned residential and in violation of building codes. In this situation, it is considered breaking the law under Article 12A?"

The Department of State opined that "a broker who violates a local zoning law in relation to his or her own property and transactions demonstrates untrustworthiness pursuant to Section 441-c of the New York Real Property Law ("NY RPL")."

As a takeaway, if you are licensed as a Real Estate Salesperson or Associate Real Estate Broker make sure your home is completely in compliance with local zoning (and your rental properties). By failing to comply with zoning laws, not only can you receive a citation from your City, Town or Village, but you can jeopardize your livelihood. 

Moving forward, all agents should hire land use counsel or an expeditor immediately to legalize those basements, dormers and pools. Don't risk your license to save some tax dollars.
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