LIEB BLOG

Legal Analysts

Monday, March 14, 2016

Real Estate Brokerage Regulatory Updates - 2/26/16 NYS Board of Real Estate meeting summary

DOS , Legal Updates
Real Estate Brokerage Regulatory Updates - 2/26/16 NYS Board of Real Estate meeting summary
On 2/26/16 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, Buffalo 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.

In summary, the following was discussed:
The following pending regulations have moved forward and have one more required round of approval prior to being published in the State Register for public comment:


Pending Regulations:
1) Commingling of principal funds
2) Compensation of brokers
3) Additional license safety course
4) Changing the amount of hours from a course from 60 minutes required to 50 minutes required
5) Advertising regulations
6) Updates to the broker approval course

Next, the meeting shifted to a focus on Fair Housing in furtherance of the Governor's Fair Housing Initiative from February of this year. In support thereof, 19 NYCRR 175.17 was proposed to be amended and unanimously approved by vote. The new amended regulation will both broaden the protected classes to include all Federal, State, and Locally Protected Classes and clarify that a violation of Fair Housing, as determined by any local agency or a court of competent jurisdiction, shall be presumptive evidence of untrustworthiness in real estate brokerage wherein the Department of State may revoke a license. 

In all, the meeting's apparent goal was to increase awareness and enforcement of Fair Housing, to alert agents about upcoming educational awareness and outreach planned by the Department of State, and to renew the State's focus and attention onto discrimination through a collaboration between the Department of State and the Department of Human Rights. 
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Wednesday, February 24, 2016

Court of Appeals Clarifies Trivial Defect Doctrine

Dennis Valet , The Suffolk Lawyer
Court of Appeals Clarifies Trivial Defect Doctrine
The Court of Appeals in Beltz v. City of Yonkers effectively established the Trivial Defect Doctrine in 1895, a staple in the modern defense attorney’s playbook. Therein, the court recognized that no walkway could be kept so perfectly safe so as to preclude the possibility of an accident and accordingly held that “when … the defect is so slight that no careful or prudent man would reasonably anticipate any danger from its existence … the question of defendant’s responsibility is one of law.” Perhaps shocking to a modern practitioner, the Beltz court found that a two and a half inch deep, 26 inch long and seven inch wide depression in a sidewalk was not an actionable defect. Ever since, New York courts have struggled to define when a defect in a walkway is actionable.

The full article written by Dennis C. Valet, Esq. has been published in The Suffolk Lawyer and can be found here. 
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Lieb at Law Seeks 2016 Law School Graduates To Join Complex Litigation Team

Lieb at Law UPDATES ,
Lieb at Law Seeks 2016 Law School Graduates To Join Complex Litigation Team
Position: Associate Attorney (Entry Level)

Lieb at Law, P.C., is seeking the next Associate Attorney to help raise the bar and lead our profession in a collaborative, inspiring and technologically advanced setting. 

This position is ideal for an aspiring litigator with a winning attitude.  Gain hands-on litigation experience inclusive of appearances at conferences, oral arguments, depositions, trials, negotiations, mediation, arbitration, motion practice and appeals.  You will be exposed to Complex Commercial, Corporate and Real Estate Litigation; Plaintiff Personal Injury; Outside Counsel Corporate Representation; Real Estate Brokerage Litigation; Foreclosure Defense, Estate Litigation and more.  

The firm offers an educational environment that supports personal and professional growth without micromanagement or dogmatic resistance to fresh and innovative ideas.  Attorneys who prove their competence are quickly rewarded with responsibility and opportunities beyond that offered for similarly experienced attorneys at major firms. Competence trumps experience and career growth is limited only by your own ability, ambition and desire to learn and evolve. Career advancement includes partner track. 

We are looking for a potential star that is intellectually driven, who does not cut corners, fresh approach, outside-the-box thinking, and who can provide tangible fact-driven support. Our firm motto is “no case, no statute, no talk”. This means that fluff will not get you far in our firm. We challenge you to provide supporting anecdotal evidence of why you would thrive in a collaborative litigation firm that consists of 6 Attorneys, 3 Law Clerks, 2 Business Managers and 1 Paralegal.


This position is in Center Moriches which is located in Suffolk County in the Riverhead / Westhampton Area. Clients span across Long Island, New York City and Westchester. 

About The Firm: Lieb at Law’s mission is to serve as an indispensable strategic advisor to our clients, helping to minimize risk while maximizing profitability, and aggressively litigating with leading solutions. The firm’s transactional team ensures that contractual language is driven by qualitative data from the litigation field. Lieb at Law’s work product is a derivative of embracing education and technology.  Lieb at Law is fully committed to our technology based collaborative approach and believe that this operational model drives our success.

Beyond utilizing multiple legal research platforms to enable immediate access to the most recent case law and publications, the firm’s systems include cloud-based file and time management software with additional proprietary programs. As a result, Lieb Attorneys have instantaneous access to client records anywhere, even on their smartphones in court. 

Compensation: Commensurate with experience. Full benefits package.


To apply, email your resume and cover letter to careers@liebatlaw.com 

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Thursday, February 18, 2016

Fair Housing Act ONLINE | 4 CE Credits | ONLINE Video Class | Instructed by Andrew Lieb, Esq.

Andrew Lieb , Fair Housing
Fair Housing Act ONLINE | 4 CE Credits | ONLINE Video Class | Instructed by Andrew Lieb, Esq.
We know that you will never want education from anywhere else after you try it!
FINALLY A FAIR HOUSING CLASS THAT IS ENTERTAINING!!!

4 CE Credits
Satisfies DOS Licensing Requirement
Instructed by Andrew Lieb, Esq.
* Works on PCs, MACs, IPADs, Tablets

Summary: Be warned - Discrimination in housing is very serious and exposes real estate agents to immense liability and the potential loss of their license. In fact, discrimination is so serious that the Department of State only requires this topic to be included in the requisite 22.5 hours of continuing education, but requires no other topic. This course is not a general survey course on discrimination, instead it explains a very specific law: The Fair Housing Act, which sets the nationwide standard for anti-discrimination laws in residential housing. The seminar will detail specific cases involving real estate agents who violated the Act. Be prepared for this course to hit home.

The Fair Housing Act ONLINE is an adaptation of the live class The Fair Housing Act offered by Lieb School. This 4 hour distance education course is designed to teach New York real estate brokers and salespersons how to perform their job without exposure to lawsuits.

This course is instructed by premiere lecturer and attorney Andrew M. Lieb, Esq., MPH, who combines video footage of live class segments with visuals, study guides, and quizzes in order to optimize your understanding of the intense materials. It is delivered in an asynchronous model to allow for accessibility whenever and wherever you find convenient while also offering note-taking and in-class comment features to provide opportunities for feedback, questions, and discussions.

Unlike the 3-credit live class, this course accounts for 4 credits of the total 2-year requirement of 22.5 credits for license renewal, thereby allowing you to satisfy more credits with just one class.

*** THIS COURSE SATISFIES THE ONLY MANDATORY CLASS REQUIREMENT FROM THE DEPARTMENT OF STATE OF NY (DOS) FOR AT LEAST 3 HOURS OF INSTRUCTION PERTAINING TO FAIR HOUSING AND / OR DISCRIMINATION ***

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Friday, January 15, 2016

Federal Government Investigates All-Cash Luxury Real Estate Deals

Financial Crimes Enforcement Network , FinCEN
Federal Government Investigates All-Cash Luxury Real Estate Deals
The federal government announced this week that it will soon monitor and investigate all-cash purchases of luxury residential real estate in excess of $3 million in Manhattan and in excess of $1 million in Miami-Dade County for money laundering and other illicit activity.

The Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury, will lead the investigation. The investigation is targeting all-cash luxury real estate purchases because many such purchases are currently being conducted through “shell” companies used to shield the identities of natural persons and hide assets in a transaction. FinCEN’s Geographic Targeting Order (GTO), which is effective from March 1, 2016 through August 27, 2016, will require title insurance companies to identify and report natural persons behind these shell companies so that law enforcement investigators can use that information to weaken the ability of individuals to disguise their identities in money laundering schemes.

Since 2006, FinCEN has worked to establish an accountable mortgage industry by conducting studies regarding suspected mortgage fraud and money laundering and by issuing orders of investigation for certain financial institutions and transactions across the country.

FinCEN Director Jennifer Shasky Calvery declared that “cash purchases present a more complex gap that we seek to address.” The current investigation of luxury residential real estate will assist FinCEN in further establishing a more transparent system to avoid another financial crisis in the future.

Though currently temporary, the GTO may be extended into next year and expanded to include additional cities and counties. 
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Wednesday, January 13, 2016

FIRPTA Withholding Tax Rate Increased 5%

FIRPTA , Foreign Investment in Real Property Tax
FIRPTA Withholding Tax Rate Increased 5%
On December 18, 2015, the Protecting Americans from Tax Hikes Act (PATH) was signed into law, amending, among other things, the Foreign Investment in Real Property Tax Act (FIRPTA). The most significant change is that there has been an increase in the withholding rate from 10% to 15%. What this means is that the buyer’s attorney will withhold 15% from the purchase price to a foreign seller and submit this amount directly to the IRS. The foreign seller will now walk away with 15% less (rather than 10%) from sales of U.S. real property interests but may be entitled to a refund, at least in part, if its income tax is less than the 15% that was withheld from the purchase price.

The increase to 15% also applies to distributions by certain domestic corporations to foreign shareholders and distributions by domestic or foreign partnerships, trusts, or estates. However, the 10% withholding rate still applies to personal residences that have a purchase price of less than $1 million.

The increased withholding tax rate ensures tax compliance by a foreign person or entity by offsetting any tax owed on a sale of real property. Planning ahead can allow a foreign seller to either reduce the time that the withheld funds are held in escrow, or eliminate the requirement to withhold any sale proceeds.

The seller’s attorney can make an application to the IRS for a Withholding Certificate, requesting a reduction in the percentage withheld from the sale, based upon a showing that the seller’s maximum tax liability is below 15% of the purchase price. If this Withholding Certificate is approved, the buyer’s attorney, instead of the IRS, holds the funds in escrow; which can greatly expedite the seller’s access to the funds. Alternatively, a foreign seller may be exempt from withholding all together. This determination depends upon a list of reasons; a common reason is if the property is a personal residence and the purchase price is $300,000 or less.

The increased withholding tax rate is effective for dispositions occurring on or about February 16, 2016, which is 60 days after PATH was signed into law.
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Why Lieb School's Online Classes Are The Best On The Market

Andrew Lieb , Divorce Deals
Why Lieb School's Online Classes Are The Best On The Market
If you are looking for the best education available, we suggest you try our first online class which is Divorce Deals. Additional classes will be added throughout the year. We are in the process of getting all of our online courses licensed. The next course that will be available within the month is The Fair Housing Act ONLINE which will satisfy the DOS requirement of Fair Housing & / or Discrimination.
We partnered with the leading online technology platform to deliver the best in-class user experience that includes audio, video and interactivity. The material is provided by Andrew Lieb, Esq. who combines the latest case law with practice management. Not only is our delivery method entertaining, but you will walk away with the greatest understanding of each topic. Our goal is to help you make money in practicing real estate while staying compliant with your license law.

Here is a 30% off coupon: LIEBSCHOOL30 (expires 2/1/16)

We hope that you will give our education a chance to benefit your career!

Divorce Deals 4.5 Credits - Sign Up Here




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Friday, January 08, 2016

NYREJ - Q & A with Lieb, managing attorney at Lieb at Law

Andrew Lieb , Lieb at Law UPDATES
NYREJ - Q & A with Lieb, managing attorney at Lieb at Law
The New York Real Estate Journal recently interviewed Andrew Lieb, Esq on technology and legislative trends.

Read the full article here.
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Direct Negotiations in Co-Brokered Flat Fee MLS Real Estate Impermissible by Regulation

mls , Real Estate Brokers and Salesperson
Direct Negotiations in Co-Brokered Flat Fee MLS Real Estate Impermissible by Regulation
Flat fee MLS is a trend where a homeowner can pay a small fee (typically around $300), to list their For Sale By Owner home (referred to herein as “FSBO”), on the Multiple Listing Service (referred to herein as “MLS”). As a result, the homeowner can enjoy the best of both worlds in avoiding an approximate 4 to 6 percent commission, while nonetheless exposing their property to all of the clients and customers of licensed real estate brokers/brokerage firms throughout the region. However, the FSBO homeowner cannot directly place their home on the MLS on Long Island, but instead must pay a flat fee MLS vendor, who is also a real estate broker/brokerage firm (referred to herein as “MLS vendor”) for the privilege of using the MLS because only licensees of the service can list on the MLS.

 Read the full article, written by Andrew Lieb, Esq. published in The Suffolk Lawyer. 
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Wednesday, January 06, 2016

Making Home Affordable - New Handbook Available - Version 5

Making Home Affordable , Making Home Affordable Handbook
Making Home Affordable - New Handbook Available - Version 5
To access the new Handbook for MHA, inclusive of HAMP and HAFA, click here. While reviewing the Handbook you should be aware of the case of US Bank v. Sarmiento wherein the Court held that the statutory good faith standard for a CPLR 3408 Foreclosure Settlement Conference is whether the "totality of the circumstances demonstrates that the party's conduct did not constitute a meaningful effort at reaching a resolution", including compliance with the Handbook. To review the case, 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.
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