LIEB BLOG

Legal Analysts

Monday, October 09, 2017

Good Faith Purchaser for Value's Ability to Record Memorandum Heard by Second Department

Andrew Lieb , The Suffolk Lawyer
Good Faith Purchaser for Value's Ability to Record Memorandum Heard by Second Department
Andrew M. Lieb discusses the Appellate Division case of Vanderbilt Brookland, LLC v. Vanderbilt Myrtle, Inc., which clarifies the strict statutory recording requirements necessitated to establish bona fide good faith purchaser for value status when the recording is a memorandum of purchase and sale agreement rather than a contract of sale. This case matters when there are competing title claims of priority by differing contract vendees to the same real property. 

 Read the full article published in the Suffolk Lawyer here. 
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Thursday, October 05, 2017

Real Estate Salesperson FAQ: NY CE Requirements and Switching Broker of Record

continuing education , DOS
Real Estate Salesperson FAQ: NY CE Requirements and Switching Broker of Record
A Real Estate Salesperson recently asked the following question:

Question: "If a broker released my license, can I still take the CE 22.5 hours and get credit towards my license? Or do I have to wait until a broker hires me? "

Answer (from The Department of State of NY): A renewal license will be issued to any licensee eligible to renew who has not been expired over 2 years, has completed the 22.5 hours of continuing education or is exempt and is associated with a broker at the time of renewal. There is nothing in the continuing education regulations that require a sponsoring broker be in place to be eligible to complete continuing education.
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Friday, September 15, 2017

IMPORTANT NOTICE REGARDING CEASE AND DESIST ZONES FOR BRONX AND QUEENS COUNTIES

DOS ,
IMPORTANT NOTICE REGARDING CEASE AND DESIST ZONES FOR BRONX AND QUEENS COUNTIES
On September 12, 2017 the Department of State (the “Department”) filed a Notice of Adoption to establish cease and desist zones for parts of Bronx and Queens Counties. The regulations relating to these zones will go into effect on October 1, 2017 and will expire on October 1, 2022.

After several public hearings and obtaining information from homeowners within the designated zones, the Department concluded that regulations were necessary to protect individuals unwanted, intense and repeated solicitations.

While the zones are in effect, it will be unlawful for any licensed real estate broker or salesperson, or any other person regularly engaged in the business of buying and selling property to solicit a homeowner within the zone that has filed a notice with the Department requesting not to receive such solicitations. A list of homeowners that have filed such statements will be available on the Department’s website for free, or available for purchase for $10.00. The Department expects the first list to be available beginning December 1, 2017.

Sending solicitations to a homeowner that has registered with the Department can result in monetary fines, suspension or revocation of licensure. If necessary, enforcement proceedings will commence after January 1, 2018.

The zones include the following parts of Bronx and Queens Counties:

Bronx County:
All the land west of the Eastchester Bay south of Griswold Avenue to Bruckner Expressway; thence southerly along the Bruckner Expressway/Throgs Neck Expressway to Layton Avenue; then easterly to the Eastchester Bay.

Queens County:
The sections of the area of land in the County of Queens, City of New York, within the neighborhood commonly referred to as College Point, and more specifically bounded by and described as follows:
Beginning at the intersection of interstate 678 and the East River; thence southerly along interstate 678 to the intersection of interstate 678 and 14th Avenue; thence westerly along 14th Avenue to College Point Boulevard; thence southerly along College Point Boulevard to 28th Avenue; thence westerly to Flushing Bay; thence northeasterly along Flushing Bay and the East River to the point of the beginning.

The sections of the area of land in the County of Queens, City of New York, within the neighborhoods commonly referred to as: Bay Side, Bay Terrace and Murray Hill, and more specifically bounded by and described as follows:

Beginning at the intersection of the Cross Island Parkway and 149th Street; thence southerly along 149th Street to 46th Avenue; thence easterly along 46th Avenue and continuing along Hollis Court Boulevard to interstate 495; thence easterly along interstate 495 to the Cross Island Parkway; thence northerly along the Cross Island Parkway to the point of the beginning.

If you have any questions regarding the cease and desist zones for Bronx or Queens Counties, you may email questions to the Department at: licensing@dos.ny.gov, or contact 518-474-4429. Call Center Representatives are available from 8:30am to 4:30pm Monday through Friday except on Legal Holidays.
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