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Get up-to-date information on legal and regulatory issues affecting New York State's REALTORS and the latest on court decisions affecting the industry.


First Quarter 2018

Signed contract results in court awarding commission to broker
A dispute over whether a real estate broker was entitled to a commission occured when a buyer claimed the broker was not his agent, and that he never agreed for the broker to be paid a commission for the purchase of a condo unit.

NYS Supreme Court rules typed name in unsigned letter does not create contract
The New York State Supreme Court found that a typed name in an unsigned letter containing a counteroffer for a real property purchase did not create a contract in New York State, even when the other party signed said letter upon receipt. 

Commissions governed by both license law and contractual agreement
Questions about commission splits between real estate brokers and their real estate salespersons and associate real estate brokers are frequently asked by callers to the NYSAR Legal Hotline. This article will address common questions and misconceptions on this topic. 

Read the latest articles of interest from the National Association of REALTORS:
 
The United States Court of Appeals for the D.C. Circuit has upheld an earlier decision that the Consumer Financial Protection Bureau had incorrectly rejected a long-standing RESPA interpretation that payments between settlement service providers are permissible so long as those payments are for goods or services actually provided and are for fair market value.
 
A Maryland appellate court upheld real estate commission’s sanctions for a licensee’s failure to disclose information about a possible gas station leak into well water, but reverses a sanction for failure to disclose the existence of an HOA when in fact the entity was not an actual HOA.
 
Vermont’s highest court affirmed a trial court ruling that a landlord did not have to accommodate a tenant’s request for a support animal because the animal in question had exhibited aggressive behavior.

Click here for the most recent DOS decisions.


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     Related Documents: NYSBA Ethics Opinion 993, NYSBA Ethics Opinion 882NYSBA Ethics Opinion 817 

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Featured Content

The March/April digital edition of New York State REALTOR is now available!

New York State REALTOR magazine celebrates the 50th anniversary of the Fair Housing Act with: perspectives on the Fair Housing Act from NAR fair housing partners; fair housing FAQs; how personal letters from buyers can lead to fair housing implications; and more. Read the latest issue.
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