Legal-Advocacy

LEGAL CORNER: The Recent Decision in Gelles v. Sauvage—A Review of Adverse Possession
For real estate professionals, particularly real attorneys and real estate agents, it is important to be aware of potential adverse possession issues that could exist when marketing a property.

LEGAL CORNER: The California Wildfires Effect on the Real Estate and Insurance Industries
The insurance industry will certainly bear a substantial brunt of the cost for rebuilding all of the properties destroyed in the wildfires. Unfortunately, as a result, many insurance companies will consider pulling out of these markets and substantial increases in premiums are inevitable.

LEGAL CORNER: A Legal Update and Look Back at 2024: A Year ‘for the Ages’
Fines issued by the DOS in these Consent Orders have ranged between $500 and $6,000. Brokers must carefully monitor all websites and social media pages of their associated licensees.

HGAR CEO Lynda Fernandez Receives ‘Hispanic Advocacy Award’ From The New York City Hispanic Chamber of Commerce
Fernandez, who has served as HGAR’s CEO since September 2023, was among three award winners. She joined HGAR after having served as CEO of the Greater Louisville Association of Realtors.

LEGAL CORNER: NYC Passes the FARE Act and Restricts the Payment of Commissions by Tenants
The real estate industry has expressed concerns regarding the potential repercussions of the FARE Act.

LEGISLATIVE AFFAIRS: Election 2024: Key Outcomes and Realtor Advocacy Wins in New York
Despite representing different parties, Latimer and Lawler share a bipartisan focus on housing policy solutions. Both have expressed support for raising the cap on the State and Local Tax (SALT) deduction.

LEGAL CORNER: The New Federal Corporate Transparency Act: Key Features, Compliance Requirements and Impact on Real Estate Industry
Unfortunately, many small businesses, including most real estate brokerage firms, and real estate investment and holding companies, will not meet these criteria and will therefore be required to comply fully with the CTA’s filing requirements.

Moving Forward: The NAR Settlement, Updated Forms and the Future
It is important for brokers and agents to note that where a similar form has been made available by both HGAR and NYSAR, those forms do contain varying provisions. Every broker must carefully review each form, and ultimately determine which they would like to utilize.

DOS Issues Opinion on Dual Agency Based on Request from NYSAR
The opinion permits Dual Agency or Dual Agency with Designated Sales Agents if the seller has agreed to Advanced Informed Consent to Dual Agency and/or Advanced Informed Consent to Dual Agency with Designated Sales Agents by indicating the same and signing the agency disclosure form.

NYS Division of Human Rights Files Fair Housing Discrimination Suit Based on WRO Probe
The fair housing complaint stems from a WRO investigation and subsequent complaint filed with DHR in 2021.

LEGAL CORNER: New Real Property Law Section 424: Transfer on Death Deeds in New York
The TOD deed is non-testamentary, which means that the interest in the real property transfers automatically to the designated beneficiary named in the TOD deed by operation of law and no probate or administration proceeding is required.

LEGISLATIVE AFFAIRS: The Emotionally Exhausting Dog Days of Summer
The Government Affairs Department at HGAR will be facilitating the first ever New York City Lobby Day on Oct. 23rd. In collaboration with the Long Island Board of Realtors, both organizations will be converging on City Hall to speak to our City Council members about our issues.