Legal-Advocacy
LEGAL CORNER: Beware of Deed Theft Fraud: Targeting The Elderly, The Ill and the Unsuspecting
According to the FBI’s 2023 Internet Crime Complaint Center Report, there were more than 101,068 complaints filed by individuals over 60 years old resulting in more than $3.4 billion in losses in 2023.
Brokers Beware: ‘Freelance Isn’t Free Act’ Goes into Effect on Aug. 28
One requirement of the law mandating the use of written contracts for compensation will impact NYS brokers significantly.
BARRISTER’S BRIEFING: The NAR Settlement Agreement: Understanding its Impact and New Forms
OneKey has established that effective Aug. 8, 2024, they will no longer display any offers of cooperating compensation to any cooperating brokers.
LEGISLATIVE AFFAIRS: It’s Not the Beginning of the End, but the End of the Beginning
A significant portion of our end-of-session efforts was focused on opposing legislative proposals that would have negatively impacted New York’s real estate sector.
LEGAL CORNER: The Amended Property Condition Disclosure Act Update
It is important for an attorney to inform the seller the Property Condition Disclosure Statement does not require a seller to make any independent investigations relating to the subject matter contained in each of the questions contained therein.
LEGISLATIVE AFFAIRS: Making the Case in Washington, DC
NAR had several topics it wanted HGAR and the rest of the Realtor community on the Hill that day to hammer home.
NAR Seeks Additional Court Review in DOJ Dispute
This dispute could have far-reaching implications beyond the real estate industry, as the split-decision ruling from the Circuit Court conflicts with the existing precedent of both the D.C. Circuit Court and the U.S. Supreme Court.
LEGAL CORNER: A Small but Significant Change: A ‘Squatter’ is Not a ‘Tenant’
A noteworthy legislative amendment was the exclusion of “squatters” from the definition of “tenant” under the current tenancy laws.
LEGAL CORNER: New Legislation Affecting Tenant’s and Landlord’s Rights in NYC and NYS—the Good Cause Eviction Law
It is important to note that while the new Good Cause Eviction Law went into effect in New York City immediately, other municipalities throughout New York State will need to opt-in by enacting this legislation if they so choose.
BARRISTER'S BRIEFING: Piling On: Local, State and National Updates
At the recent May 1, 2024, HGAR Board of Directors meeting, the Board voted on two association matters relating to the filing of arbitrations and administration of ethics complaints.
LEGISLATIVE AFFAIRS: Something Big Happened! Did You Feel it?
In the weeks leading up to heavy negotiations in Albany, HGAR personally educated more than two dozen elected officials on Good Cause Eviction and the most problematic aspects of valuing tenant protection over property rights.
LEGAL CORNER: LLCs and Corporations: The Doctrine of Piercing the Corporate Veil
The most common entities that run the risk of losing the limited liability protection are small, closely held corporations and LLCs made up of family members or a small number of shareholders and members.