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Legal Action Committee decisions

The purpose of the New York State Association of REALTORS Legal Action Program is to provide financial assistance to support litigation, which is precedent setting and has statewide impact, including matters relevant to the practice of real estate, the operation of real estate associations, ownership and use of real estate, and private property rights. The Statement of Organization and Procedure of the Legal Action Committee, which administers the program, describes the litigation which is appropriate for support as that which (i) presents an opportunity for a clarifying precedent, or involves issues, of significance to a substantial portion of the membership; (ii) is designed to promote or defend the rights of members, the public, or others concerned with the protection of private property; or (iii) names the New York State Association of REALTORS or one or more members of member boards as a defendant and where the legal issues involved are of substantial significance to the real estate industry as a whole.

Financial support provided to the litigants is intended for legal costs and expenses, and may not be used to pay judgments, damages, fines, settlements or opposing counsel fees or costs. The Legal Action Committee may also recommend the preparation and filing of amicus curiae briefs in appropriate cases.

Support from the Legal Action program is provided in litigation matters only. Support is not available to assist with other efforts to shape laws applicable to real estate, such as lobbying or regulatory activities, even if the funds are to be used to pay the costs incurred to employ attorneys to assist in those efforts.

Members should contact their local board/association for more information.

Cases

Land Man v. Faraone - This case addresses the duties of a real estate licensee as it applies to advising a client regarding multiple listing agreements. In the decision, the court found that a licensee is not required to assess the validity of any other listing agreement the client may have entered into. The court ruled that the duty of a licensee is merely to advise the client to seek the advice of an attorney as to their rights, obligations or liabilities under any other listing agreement the client may have entered into.

Oleg Rivkin v. Century 21 Teran Realty - The case addresses the duty of a buyer’s agent to his/her client if another buyer’s agent in the same office has a client submitting an offer for the same property.

Moran v. Erk – This case addresses whether an attorney can disapprove a contract pursuant to the attorney approval clause with or without a stated reason.

Featured Content

Third quarter Legal Lines now available

The third quarter 2018 edition of NYSAR’s Legal Lines is now available online at NYSAR.com. This edition covers what a broker's agent actually is, the legal issues related to social media use, conditional approval for financing is not a mortgage commitment and more. Learn more

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