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 2019

NYC Sexual Harassment Law Requires Sexual Harassment Training for Independent Contractors
On May 9, 2018 Mayor de Blasio signed the Stop Sexual Harassment in NYC Act into law. This is a different law than the one passed by New York State but has some similar requirements.

Sale and Rental Transactions Are Not Subject to Requirement of New Smoke Detector Law
Despite several media outlets in New York reporting that sales and rentals of real property are subject to the requirements of a new smoke detector law that goes into effect on April 1, 2019, this is information inaccurate. 

Listing Broker Found By Court Not To Be Responsible For Error On Listing Regarding Amount Of Property Tax
A recent New York State Supreme Court case found that a corporate broker and their individual agents were not liable to purchasers in a deal where incorrect property taxes were put on the listing and on the deal sheet prepared by the listing broker. 

Otto v. Hearst Communs., Inc.
A recent federal District Court case of Otto v. Hearst Communs., Inc., (SDNY 2018), found in favor of a copyright holder of a photograph that was shared with the copyright holder’s friend via text message, and ended up being published in several media outlets. 

Licensees Duty to Cooperate
The NYSAR Legal Hotline often receives calls relating to whether listing agents can honor their seller’s requests to exclude a specific buyer’s agent from showing their property, as well as whether or not they can exclude specific potential buyers from viewing the property and from presenting offers. These are two separate scenarios.

Read the latest articles of interest from the National Association of REALTORS:

No Commission for Unlicensed Individual
New Hampshire federal court rules that individual who helped arrange sale of a medical business could not collect a commission from the transaction because he did not hold a New Hampshire real estate license and the transaction involved the acquisition of real estate.

Website Accessibility Case Remanded
The United States Court of Appeals for the Ninth Circuit has reversed a trial court’s decision to delay consideration of whether a website violated the Americans with Disabilities Act because the U.S. Department of Justice had failed to issue its rules for websites.

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!

Learn more about the Seniors Real Estate Specialist (SRES) and other designations to improve your worth, recap the 2019 Mid-Winter Business Meetings and the installation of our new officers, find out when you have to disclose an existing offer to a cooperating broker and much more in the March/April issue of New York State REALTOR magazine. Read the latest issue.
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