LIEB BLOG

Legal Analysts

Thursday, May 17, 2012

Emerging Federal and State Fair Housing Issues - Watch the Video

NYS Division of Human Rights presented a great talk by Bryan Greene, General Deputy Assistant Secretary, Office of Fair Housing and Equal Opportunity at the US Department of Housing and Urban Development on 4/25 & 4/26 of this year concerning Emerging Fair Housing Issues.

To watch the video, click here.

Monday, May 14, 2012

Crowdfunding Your Real Estate Project

Under the JOBS Act (Jumpstart Our Business Startups Act), crowdfunding is alive and will be available for equity investors in the coming months.

Crowdfunding is a means for start-ups to obtain capital without all of the SEC red-tape that typically accompanies offerings to accredited investors.

Under the JOBS Act, funds will be available through intermediaries operating funding portals. An intermediary for real estate professionals to keep their eyes on is PropertyPeers. Visit their site by clicking here.

To learn more about crowdfunding in the JOBS Act, click here.

Now start thinking about how you can raise capital to become the next real estate tycoon.

Wednesday, May 09, 2012

Real Estate Agents with Graduate Degrees?

At Long Island Education Board we have always believed in Education and we offer many continuing education courses to help raise the knowledge base of our local agents. Yet, we can't do it all and we point agents who really want to differentiate themselves to NYU's Schack Institute of Real Estate. Currently, NYU offers an M.S. in Real Estate that educates "from initiating and analyzing to negotiating, financing, and closing the transaction". Take a look by clicking here and see if this Masters Degree is right for you.

We believe in Education and strongly recommend that agents take the initiative to become further educated in real estate.

Why Should the Mortgage Forgiveness Debt Relief Act and Debt Cancellation NOT be extended past 2012?


In short, I don’t know. According to a study released by CNN.COM in early March, the number of homeowners who owe more on their mortgage(s) than their properties are worth – more commonly referred to as being “underwater” - increased by 3.7% during the last three (3) months of 2011. My contention is that this trend will continue, and the Act provides relief for, among others, homeowners who must resort to short-sales in order to get out from under this mess. Consequently, these homeowners who sell their properties for less than what they owe on their mortgage(s) are saddled with substantial tax ramifications unless they fall under one of the exemptions of the Act. Should the homeowner not qualify under the principal residence or insolvency exemptions (the two exemptions germane to the sale of real property), he or she will have to report the difference in price between the sale of the property and the amount owed as income.

Please see the following link to the IRS for more information concerning the above and let’s hope the Act is extended past 2012; not only for those who may benefit from it, but also for the benefit of the overall economy.

Unauthorized Practice of Brokerage

Its often said that real estate agents are engaging in the unauthorized practice of law, but what about CPAs, Financial Planners, Property Managers and the like engaging in the unauthorized practice of real estate brokerage. Better yet, what is real estate brokerage in the first place?

Lets start with the Department of State's take on the matter. On their website, the Department of State has a FAQ section for Real Estate Salespersons that reads as follows:


If I am a real estate management company, do I need a real estate broker's license?
That depends on what services you provide. If you collect rent or place tenants in vacant spaces on behalf of your landlord client, the answer is yes. If, on the other hand, your services are strictly maintenance, the answer is no. you are not acting as a fiduciary (not handling another person's money).

So, does this provide the answer? Some may think yes, but when you dig a little deeper you should think about the words utilized in the answer as they actually present more questions than just simple answers. The key word that comes to attention is the term "tenants". After all what is a tenant and what isn't?


To illustrate with some questions:

  • Is the NYC Park Commission granting a private corporation the right to operate an enterprise on a percentage rental basis for 20 years a tenancy? 
  • What about a business broker affecting a lease of an operating hotel premises?
  • How about renting a cooperative unit on an hourly basis?
Are these tenancies?

To learn the answer to these illustrations and more, click here and read a decision by the State of New York, Department of State, Office of Administrative Hearings. This is the best guidance available on this topic. 

It appears that the test is if a transaction concerns "an estate or interest in real property" it requires a brokerage license where providing accommodations to transient guests does not require such a license. 

Now, it is suggested to check your local Town or Village Code, which often has a definition of transient to see if the specific activity you are engaging in is transient or "an estate or interest in real property". Moreover, you will not want to rest on that definition and instead do further research if the interest provided is a license (not brokerage) or a tenancy (brokerage). Yet, the easiest solution for property owners is to hire a licensed broker when dealing with real estate negotiations, sales or leases. This way it is unnecessary to analyze whether the activity in question is viable or instead constitutes the unauthorized practice of real estate brokerage.