LIEB BLOG

Legal Analysts

Thursday, October 05, 2017

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.

Friday, September 15, 2017

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.

Lieb School Now Licensed In Connecticut | ONLINE License Renewal Package Coming 2018

Lieb School is thrilled to announce that we have been licensed in Connecticut. We plan on launching our license renewal package for Connecticut Real Estate Brokers and Salespersons in 2018. Stay tuned for more information!


Tuesday, September 12, 2017

Title Waves | Free 3 Credit CE | Southampton | Lieb School | NY Real Estate Agents and Brokers

Title Waves: The Title Insurance Course



Did you know that approximately 25% percent of real estate deals have title problems?  This title insurance course will help real estate agents avoid dead deals due to misinformation throughout the transaction process. You will learn who the underwriting players are and how their respective roles can influence your deal. We will discuss the impact of unmarketable title with brokerage commissions.  Additional topics covered include liens and forgeries in the chain of title and what transpires in real life cases. This course will enable you to take preventative measures to accurately describe your listing and avoid terminal transactions.
Let’s prevent title issues from killing our deals.
Registration is now available for Title Waves in Southampton.  This course will be held on October 5th 2017. Online Registration Only. 

Tuesday, September 05, 2017

These are the 5 Steps to Respond to a Lawsuit

Lien Law §19’s Summary Discharge of Lien for Private Improvement Clarified by Court of Appeals

The takeaway for practitioners is to look to the category of expenses claimed, not the amounts thereof, when evaluating whether a summary discharge should be sought on a NYC HPD lien.

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

Friday, August 18, 2017

Estate Deals ONLINE: Alive Deals, Dead Clients...

Estate Deals is an online video continuing education course that satisfies 4.5 credits of the total 22.5 credits required by the NY Department of State for license renewal.

An inheritance of real estate often needs to be liquidated by a real estate broker. It’s likely that a beneficiary already has a home. Often times, multiple beneficiaries don’t want to share a home. Frequently, estate creditors force a sale.

After completing this course, students will learn the unique language of estate deals, the impact of a Last Will and Testament on an estate deal, and how to navigate the probate / intestacy process while effectuating a sale. Students will be exposed to how an executor’s commission can impact their brokerage commission and how estate foreclosures can kill their deal in the entirety. Estate deals are an opportunity to both make money and to help a client in their time of need.

This course combines video footage of Andrew Lieb, Esq. teaching 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.

Click here to register

Minimum System Requirements

Department of State License Course Code: M12823

NY Real Estate License Renewal FAQs

What are the Continuing Education requirements for real estate agents in NY?

Every 2 years, licensed real estate brokers and salespersons in the State of New York are required to take 22.5 continuing education credits
As of 01/01/2017, Licensed NY Real Estate Salespersons and Brokers must take the following Continuing Education courses in their renewal cycle:
  • 3 Hours of instruction pertaining to Fair Housing and/or Discrimination in the sale or rental of real property or an interest of real property
  • 2 Hours of Agency Disclosure for the initial two-year licensing term and at least 1 hour of Agency Disclosure in subsequent renewal cycles.
If you are grandfathered in, the new continuing education requirements do not apply.

Are there any exemptions for Continuing Education requirements for real estate agents in New York?

Licensed real estate brokers who are engaged full time in the real estate business and who have been licensed for at least 15 consecutive years immediately preceding license renewal. This exemption must have been met prior to July 1, 2008. An attorney admitted to the New York State bar is also exempt from the Continuing Education Requirement.

Does Lieb School report my completed credits to the Department of State (DOS)? Am I responsible for sending my course certificates to the DOS?

Credits received from Lieb School count towards the 22.5 required from the DOS for license renewal. Certificates provided at each class serve as proof of credit hours (think of them as a receipt). After each class, Lieb School submits to the Department of State, Bureau of Educational Standards, all licensee information for successful completion of each course. Upon license renewal, the DOS will require the original signed certificates if you are selected for an audit. Make sure that you keep your certificates in a safe place. In the event of an audit, the DOS will cross reference the certificates with the student completion records received by each school. You are responsible for completing all 22.5 credits by your license renewal deadline date.

How do I renew my New York State Real Estate License?

License renewals must be completed online through the Department of State eACCESSny website. Please note that the renewal process requires licensees to validate education completion by answering “Yes” to the Continuing Education question that confirms all CE requirements have been satisfied. If you mistakenly answer “No”, the DOS will not renew your license until they see all original course completion certificates. You also have to hold onto the original course completion certificates in the event of a license audit by the DOS.

If I did not complete my continuing education requirements before my license expiration date can I get an extension?


Please refer to §177.6 in the Real Estate License Law. The Department of State will only grant extensions in bona fide hardship cases. Prior to your license expiration: you must submit to the Department of State, a written request for the extension, completed renewal form, fee, and original documentation demonstrating your hardship; i.e., medical documentation.

Thursday, August 10, 2017

Lieb at Law is Hiring | Litigation Attorney

Lieb at Law, P.C. is seeking a self-driven producer of work product who has impeccable research, writing and oral advocacy skills. You will be thrown into complex litigation and will quickly learn to thrive while engaging with the leaders of the field.

This role will start off working across all aspects of the firm's litigation practice inclusive of real estate litigation, contractual litigation, premises liability, ownership disputes, plaintiff personal injury, estate litigation and more. You will draft legal memos, pleading, discovery demands, discovery responses and motions. You will negotiate and prosecute personal injury claims against insurance adjusters and then, defend real estate brokerage and title claims while reporting to insurance claims counsel. You will also help prepare for depositions, mediations, arbitrations and trials.

Proven competency quickly leads to more challenging and rewarding litigation opportunities such as oral arguments, depositions, trials and appeals. Those that succeed will be charged with developing their own personal niche as their career evolves. Business opportunities exist.

Types of clients include high net worth individuals, small / medium size businesses, as well as national real estate brokerage firms and title insurance companies.

The firm offers an environment that supports personal and professional growth without micromanagement or dogmatic resistance to fresh and innovative ideas. Competence trumps experience and career growth is limited only by your own ability, ambition and desire to learn. We will push you to evolve and earn career "wows".

This position is located in Center Moriches, which is in Suffolk County within the Riverhead / Westhampton Area. Clients span across Metro New York Area.

Compensation is commensurate with experience. Full benefits package available for full time employees.

To Apply: Email cover letter and resume to careers@liebatlaw.com 


Firm Overview and History:

Lieb at Law, P.C. is the strategic legal partner to the real estate professions. The firm offers services in litigation, corporate compliance, business and real estate transactions throughout the greater New York Metro Area, inclusive of the Hamptons and Manhattan.

The firm was founded in 1977 by David Lieb and Joseph Lieb. In 2009, Andrew Lieb acquired control of the firm and transformed its legal services from a general practice to a civil litigation boutique focusing on real estate.

The firm currently offers legal services in real estate related fields, including real estate brokerage law, title disputes, mortgage foreclosure, fair housing and discrimination, contract litigation and transactions, municipal violations defense, land use / zoning, business and entrepreneurship, estate planning, surrogate’s court litigation, and plaintiff’s personal injury with a focus on premises liability.

The firm’s litigation practice is driven by leveraging informational imbalances to win cases. This is a substance first law firm where data drives decision making and strategy.

To achieve the firm’s information focused litigation culture, staff have access to cloud-based legal research platform so the latest cases are available to our legal team everywhere, including within the courtroom. Next, a secure, cloud-based case management system catalogs every thought and action on each client’s matter. As a result, case facts are readily accessible through the stroke of a computer key, instead of being locked away in one attorney’s memory or private paper notes in some desk draw. Finally, enterprise file sharing, storage and collaboration software is utilized to enable the efficient collaboration between attorneys where case strategy and document preparation benefits from fresh and innovative group think.

Lieb at Law’s latest research and collaboration tools extend to the firm’s transactional team, which ensures that contractual language is driven by our real life experiential learning from our contractual litigating practice.

Lastly, we publish and teach the law that we practice in order to always stay on the cutting edge. Lieb at Law’s work product is a derivative of embracing education and technology to provide a modern law firm that is at the vanguard of representation.

Notable Clients:

  • Largest Real Estate Brokerage firm in the State of New York
  • Largest Title Insurance company in the State of New York
  • Lieb School: New York State Real Estate School
  • High net worth individuals
  • Small and medium size businesses


Business Development: 

  • Provide trainings on latest statutes, regulations and case law, compliance requirements and industry standards to 10,000 + real estate salespersons, brokers and attorneys.
  • Represents #1 Brokerage Company & #1 Title Insurance Company in NYS.
  • Firm provides numerous articles a month in prestigious publications.
  • Employees are not required to get business, but encouraged through many internal opportunities created by the firm.  


Brand Differentiator: 

The law firm is a part-owner of a New York State Licensed Real Estate School, Lieb School, which offers in-class and digital courses throughout New York State. Lieb at Law, P.C. attorneys draft curriculum and teach at the school where they have the opportunity to establish themselves as topical experts and drive the future of the real estate brokerage industry.

Firm culture, efficiency and legal operations: 


  • Award winning firm comprised of Super Lawyers. 
  • Great win / loss ratio with challenging / high-stake cases (not stuck doing nonsense cases) with NYC level of complexity and clients available (not a daily grind to make a living). 
  • Safe small town feel with Hamptons access. Well maintained office in the middle of downtown Center Moriches. Accessible and convenient parking lot that is well lit and well maintained.
  • Community representation where we can make a difference for locals.
  • Staff is energetic, youthful and motivated.
  • Constantly making improvements to the building and working environment.
  • Open seating without segregation of rank. Open door policy in offices. 
  • While the firm is extremely competitive with adversaries, the internal environment is extremely collaborative. Office staff is friendly and drama free. Everyone has a voice in the firms’ direction and culture (staff opinions matter based on know-how, not experience). 
  • Everyone is treated equally and encouraged to speak up. 
  • Drinks, food and candy are supplied and available to staff.
  • Fields of law practiced are generally drama free topics (i.e. no matrimonial, family or criminal work). 
  • Reasonable accommodations for work / life balance with generous vacation policy / sick / coverage / work from home if needed for full time employees.
  • Progressive work culture where we constantly evolve.
  • Technology is on the cutting edge with no clutter or lost documents.
  • Every record is tracked.
  • New tools / technology is available upon reasonable request.
  • Includes variety of cloud based tools that are accessible with any internet connection. 
  • Included on the team are 2 business managers whose job is to manage organization, operations, finances and efficiency optimization. 


Career Opportunities:

  • Opportunities are ever-present to learn, develop and grow in your career by access to new cases, writing opportunities and constant emailed articles on every subject (not stuck in a role / level for years where you need to wait to move up the ladder, instead you can create your own future). 
  • Develop your own identity where you aren't a number or in a cubicle, but instead get to set your own goals. 
  • No micro-management of how to do work as long as obey no case, no statute, no talk rule.
  • Collaborative support gives you leads, collaboration, ideas, and reinforcement.
  • No ceiling. Everyone is encouraged to break boundaries and reach ultimate levels of success. 



Tuesday, August 08, 2017

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 Matthew Lieb shares a list of 5 questions that you should ask when selecting your attorney.

Read the full article published in Dan's Papers here. 

Monday, July 24, 2017

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? 

Andrew Lieb, Esq. shares the top ten tenants' rights that should be fully understood by landlords, tenants and real estate brokers who engage in the rental market on Dan's Papers. 

Click here for the full article. 

Thursday, July 13, 2017

Tenants’ Rights: Subletting and Assigning

Question:
Can a landlord prevent a tenant from subletting or assigning their lease?
Answer:
Andrew Lieb, Esq. shares this answer in The Huffington Post. 

Wednesday, July 12, 2017

Lieb at Law: 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?
A pocket listing means that the real estate broker has a listing that is not being advertised to the public markets. Isn’t that an illegal monopoly? In the State of New York, contracts or agreements that refrain trade are illegal and void pursuant to the General Business Law §340, or what is commonly referred to as the Donnelly Act. The Donnelly Act is New York’s version of the federal Sherman Antitrust Act where the state and federal laws require identical basic elements.

Monday, July 10, 2017

Estate Tax Lien Releases Incident to Real Estate Transactions

When selling real estate with an executor’s / administrator’s deed or as heirs at law, incident to the death of the owner, seller’s counsel must address both federal and state estate tax liens that automatically attach to real property on the date of death. Importantly, these liens attach and are effective without recorded notice. 

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

Thursday, July 06, 2017

BRAND NEW VIDEO CE | Brokerage Lawsuits ONLINE | 4 CE Credits | Lieb School



Brokerage Lawsuits ONLINE is a 4 credit online video real estate CE approved by NY DOS 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 litigation. 

While enjoying the comfort of your home, you can learn how to sue them for your commission! It’s not simple and it usually takes forever to obtain a favorable resolution. More so, litigation creates exposure for the real estate brokerage and salesperson regardless if they are the plaintiff or the defendant.

This 4 hour course will explain the process of different dispute resolution options such as negotiations, mediation, arbitration and litigation. After completing this course, you will be able to articulate the impact of the Real Estate License Law on such lawsuits, the availability of pre-action Affidavits of Entitlement and Mechanic's Liens to real estate brokers, and how ethics complaints work before the Department of State.

More so, you will understand how the law determines if they are right in their claim or defense by explaining the potential lawsuits for commission and the most common claims against brokerages.

(Works on IPADs, TABLETs, PCs & MACS)

$35.00