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Second Quarter 2019

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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.

Second Quarter 2019

Who Needs to Sign the Listing Agreement?
Oftentimes, the Legal Hotline will receive questions as to who needs to sign a listing agreement. This article will address several common scenarios that members inquire about.

Real Estate Licensees w/Public Facing Websites Should Comply with the ADA
Recently, the issue of websites and accessibility for individuals protected under the Americans with Disabilities Act (ADA)  found its way into the legal system through hundreds of lawsuits filed against website operators by individuals with disabilities alleging the website is not accessible and violates the ADA.

Broker Not Found Liable for Fraud Due to Disclaimer in Purchase Contract
The recent New York Supreme Court decision of Lower Manhattan Inner City Real Estate Assocs. LLC v. 56 Leonard LLC (New York, 2019), found that a real estate broker representing the owner of an apartment complex, was not liable to the buyer of the penthouse for fraud, despite the broker allegedly making false representations as to the contents that said penthouse would contain.

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

Negligence Lawsuit Against Team Remanded
Texas appellate court reverses dismissal of the lawsuit and sends the case back to the trial court that alleged a real estate team was negligent when it failed to advise the client that the seller had not properly completed the property condition disclosure form.

FinCEN Extends Money Laundering GTOs
The Financial Crimes Enforcement Network (FinCEN), one of the U.S. Treasury’s leading agencies in the fight against money laundering and financing of terrorism, has renewed the Geographic Targeting Orders (GTOs) that impose data collection and reporting requirements on title companies involved in certain residential real estate transactions.

Lawsuit for FHA Violations Proceeds
California federal court rules that a tenant’s lawsuit alleging disability discrimination over the loss of his assigned parking spot can continue, denying the landlord’s attempt to dismiss the lawsuit.