You rented your Hamptons’ summer home for serenity, but your neighbor apparently rented his to throw parties. Your idea of perfection is outdoor lunch with some nice background music and perhaps a nap on the hammock or reading a book. Your neighbor clearly likes drinking with a DJ and loud dance parties. You are just incompatible and this isn’t going to work. What should you do?

In 2017, there were 8 administrative appeals before the Secretary of State concerning license law violations of real estate brokers.

As real estate brokerage professionals, we learn the following rules from these decisions:

1. Hortman v. DLS (71 DOS APP 17): The 150 days in which an administrative law judge should make their determination is directory, not mandatory, in nature and cannot result in the proceeding being dismissed if violated; instead, an application to a court to compel the decision is the only recourse for a broker awaiting such a decision. Additionally, we are reminded that "efforts undertaken to locate financing to be secured by a mortgage, to pre-qualify potential borrowers, and to coordinate financing are activities which require appropriate licensure" if involving commercial real estate.
2. Ronald St. Cyr v. DLS (74 DOS APP 17): Deadline periods to make payment on consent orders should be strictly followed, absent proof of a modification. While modification of the deadline was proven, we are reminded that records are everything when dealing with the government. 
3. Ronald St. Cyr v. DLS (117 DOS APP 17): There is no right to have more time to settle and the default interest rate on a judgment is 9%. All too often clients believe that they have a right to settle; you don't!
4. Da Huang v. DLS (87 DOS APP 17): If you lose a case on default, always make sure that jurisdiction was obtained over you, which, for real estate brokerage license law complaints, means "by delivery of same personally to the licensee, or by mailing same by certified mail to the last known business address of such licensee... or by any method authorized by the civil practice law and rules." Remember to check the address if certified mail was utilized because if its wrongly addressed, there are grounds for dismissal. 
5. Banfield v. DLS (85 DOS APP 17): Failure to cooperate with a DLS investigator is grounds for charge pursuant to RPL 442-e(5). Better have a paper trail of efforts to cooperate. We always recommend using the hot potato game when dealing with the government. Make sure they are caught with the hot potato (last contact offering dates) when the music stops.  
6. Cilino v. DLS (19 DOS APP 17): Defaulting in appearing at a hearing is really bad. 
7. Goulbourne v. DLS (118 DOS APP 17): An appeal of decision or order of suspension must be made within 30 calendar days of receipt of the decisions / order in compliance with 19 NYCRR 400.2(k). Plus, there are special rules of construction in the General Construction Law about how those 30 days are calculated. Know the rules or don't play the game.
8. Zubulake v. DLS (19 DOS APP 17): An application for a real estate brokerage license based upon "equivalent experience in general real estate business for a period of at least three years" is determined by a point system set forth at 19 NYCRR 179.3 and is mandatory to be following by the DLS in hearing such an application.  

NYS companies utilizing the services of independent contractors, such as real estate brokerage firms, are now exposed to liability for the acts of their independent contractors who sexually harassed other independent contractors who were associated with the same company by way of new Executive Law.

Read the full article by Andrew Lieb, Esq. here. 

Excited to share a special Dan's Papers Advertising Deal for Lieb School Students! 

$999 Full Newsprint Page for the Memorial Day Issue of Dan's Papers, if you book by 6pm on Monday 5/21. 

Plus get 2 FREE General Admission tickets to the Dan’s Rosé Soirée event! To take advantage of this deal email ericf@danshamptons.com 

If you are investing in real estate this year, this is a must read for buyers, sellers, landlords, tenants and even neighbors. While this was published in a hamptons magazine, the facts can really apply to all NY real estate.

Read Andrew Lieb, Esq. full article published in Behind The Hedges Here. 

We never recommend a general form as each situation is unique and requires specific information. However, sometimes in our Agency Disclosure classes we do reference the Department of State's article called "Be Wary of Dual Agency". 

Being a Dual Agent means your fiduciary duties are compromised on the individual level. Further, it's a direct deal where the seller/landlord & buyer/tenant both knowingly waive the conflict of interest permitting you to have compromised loyalties in neither negotiating on behalf of either party to a transaction.

A Dual Agent form should only be used when you represent both the seller/landlord & buyer/tenant. Additionally, no other agents are involved from your brokerage firm or another brokerage firm. You can use Dual Agent if you have a listing & you are acting as a selling agent by procuring a client to the listing.

We always recommend that large brokerage companies select Advanced Consent to Dual Agent with Designated Agent when clients are okay with it. You never know who will find a buyer for your listing or who will have a listing for your buyer.

The NY Department of State (DOS) is now ACTIVELY auditing real estate broker and salespersons websites for compliance.

If you are NOT in compliance you are subject to:

• Revocation
• Suspension 
• $1,000 fine PER violation 
• Censure 
• Disgorgement of commission + interest 
• You get charged with untrustworthiness & incompetency in the practice of real estate brokerage in the state of NY. 

Find out if you are in compliance by taking Lieb School's Video Continuing Education Class, Deceptive & Misleading Advertising ONLINE.

You can also take advantage of our $99 special which includes 7 CE classes (including Deceptive & Misleading Advertising ONLINE).

Click Here to Register for the $99 Real Estate CE Package

If you couldn’t make it to our in-person strategic negotiating CE class, no worries, we are currently cutting up the video and creating an online class version. Here’s a clip of what to expect. This real estate CE class will be available by the end of this year!

Andrew Lieb, Esq. announces exciting news about Lieb at Law, P.C.'s expansion including opening up a 40 seat compliance training center. 

Lieb at Law, P.C. is thrilled to announce Mordy Yankovich has joined the litigation team. Mordy's practice focuses on corporate, real estate and employment litigation and compliance. Mr. Yankovich represents companies in all aspects of litigation in federal and state courts and before administrative agencies. He prides himself on advocating zealously for his clients while providing constructive and honest counsel to achieve the best possible result.

In addition to litigating matters, Mr. Yankovich advises clients on compliance with federal, state and local laws and conducts trainings for employers, including anti-discrimination and anti-harassment trainings, to minimize clients’ potential exposure. Prior to working at Lieb at Law, P.C., Mr. Yankovich was a litigation associate with Jackson Lewis, P.C., a national law firm focusing on labor and employment law.

Mr. Yankovich is admitted to practice law in New York and New Jersey state courts, the U.S. District Court for the Eastern and Southern Districts of New York and the U.S. District Court of New Jersey. He received his law degree from Hofstra University School of Law where he was an articles editor of the Labor and Employment Law Journal and a member of the Dean’s List. Prior to law school, Mr. Yankovich graduated from Boston University with a B.S. in Public Relations and a minor in Economics.

When not advocating on behalf of his clients, Mr. Yankovich enjoys playing golf and tennis, creative writing, following the stock market, and spending quality time with his wife and 2 children.