Backyard Videos Cause Lawsuits

Effective September 15, 2017, Civil Rights Law §52-a establishes a new private right of action for unwarranted video imaging of residential premises.

Read the full article by Andrew Lieb, Esq. published in the Suffolk Lawyer here. 

Agency Disclosure Tips: It's not what you say, it's how you say it!

12-11-17 NYS Board of Real Estate meeting summary

On 12-11-17 the NYS Board of Real Estate continued its mission of optimizing the regulation of real estate brokers in our state by holding its meeting in NYC, Rochester and Albany. To remind real estate brokers and salespersons, the public is welcome at these meetings where the public can bring comments from the floor. It’s encouraged that Lieb School students attend these meetings to have your voices heard. 

"[T]he Board has general authority to promulgate rules and regulations affecting real estate brokers and salespersons in order to administer and effectuate the purposes of Article 12-A of the Real Property Law."

A complete video of the meeting is available on YouTube. It is noted that the meeting did not start until approximately 58:40 of the video. 

As the meeting was not well attended the only substantive discussion involved statistics from a year-to-date enforcement report as follows:

- 2353 complaints

- 1880 cases closed

- 242 referred to counsel for further review

- 315 audits conducted for licensees (94% compliant)

The 2018 meeting calendar is April 3, September 25, and December 11. 

While this meeting was brief, it should nonetheless serve as a reminder to real estate brokers, salespersons and associate real estate brokers that the threat of license law complaint is real as 2353 such complaints were made so far in 2017. 

Brand New Video CE: Property Investment ONLINE (3.5 CE Credits): ON SALE

Property Investment ONLINE

Real estate can either be the best investment or largest liability of your lifetime. Starting with basic real estate math, this 3.5 credit real estate continuing education course teaches you how to perform fiscal assessments, isolate a property, evaluate prospective tenants and comply with local protocols. This course focuses on income producing property and is not limited to one subsect of commercial investment. After completing this course, you will be able to increase the valuation of your property listings through obtaining proper financial statements, leveraging capitalization rates, and understanding tax consequences of sales. Learn to be a real estate mogul with Lieb School.

Property Investment ONLINE is a video real estate continuing education course that satisfies 3.5 credits of the total 22.5 credits required by the NY Department of State 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 compliance and litigation. This course includes video segments filmed in front of a live studio audience and can be taken on Tablets, IPADs, MACs and PCs with a high speed internet connection.

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Real Estate Updates & Tips | Latest Publications by Andrew Lieb, Esq.

Top 5 Lawsuits That Can Undo the Transfer of Property: The first step to determine who owns a given parcel of real estate in the State of New York is to visit the County Clerk’s Office and to locate the latest recorded deed on the parcel. Recording of a deed is imperative because we live in a Race-Notice State and, under the Recording Act, priority of ownership is often determined by who records their deed first (i.e., the First in Time / First in Right Rule). The next step, which is of equal importance, is the realization that a deed can be rescinded or voided, and as such, the deed is not the last word on the topic of real estate ownership. As such, these top 5 lawsuits to set aside the deed should be considered in order to determine if the recorded deed is in jeopardy. Only then, should a property be sold. Top 10 Silent Lease Rights for Tenants: 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? Below is a list of the top 10 tenants’ rights that should be fully understood by landlords, tenants and real estate brokers who engage in the rental market.

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?

How to Select Your Real Estate Attorney When Purchasing Property: A good attorney should save you tens, if not hundreds, of thousands of dollars by doing their job right. So why does saving a thousand dollars drive selecting one attorney over another for representation? Andrew Lieb shares a list of 5 questions that you should ask when selecting your attorney.

The Right Response to a Lawsuit in Five Steps:   A process server comes to your door, what do you do? These are the five steps to respond to a lawsuit:

Why Buyers Should Require Updated C of O on Closing:   Imagine finding your dream house, touring the house, negotiating for the house and then getting an accepted offer on the house. Imagine attending a closing and receiving the keys. Imagine moving into your new house and making it your home.Fast forward a few years.Imagine coming home from a hectic day only to find a ticket from Code Enforcement at your doorstep. The ticket states that it’s a vacate order and that you are being fined and must appear in court. In simplest terms, you can no longer live in your home and are being fined $1,000, with each passing week’s continued violation resulting in additional fines, which can escalate up to $10,000 each (these fines vary between municipalities). To reiterate, you need to move out, find a new place to live, correct the violation and apply for a new Certificate of Occupancy; all before considering moving back into your home. Learn how to avoid this scenario.

No More Title Insurance Bribes: The Department of Financial Services has closed the door to the good old boys’club of title insurance kickbacks. Say goodbye to free meals and beverages, tickets to entertainment events, gifts, golf outings, parties, office supplies and the like. Two new regulations, Regulations 206 and 208, respectively at 11NYCRR35 and 228, have ended the party.

Lieb at Law: Why Buyers Should Require Updated C of O on Closing

Imagine finding your dream house, touring the house, negotiating for the house and then getting an accepted offer on the house. Imagine attending a closing and receiving the keys. Imagine moving into your new house and making it your home.

Fast forward a few years.

Imagine coming home from a hectic day only to find a ticket from Code Enforcement at your doorstep. The ticket states that it’s a vacate order and that you are being fined and must appear in court. In simplest terms, you can no longer live in your home and are being fined $1,000, with each passing week’s continued violation resulting in additional fines, which can escalate up to $10,000 each (these fines vary between municipalities). To reiterate, you need to move out, find a new place to live, correct the violation and apply for a new Certificate of Occupancy; all before considering moving back into your home.

Learn how to avoid this scenario and read the full article by Andrew Lieb, Esq published in Dan's Papers here.