Description
Agency Law (2-Hour) and Other Legal Issues Impacting Today’s Real Estate Sales Professional
I. Introduction: 15 Minutes
This class is intended for real estate sales agents and brokers with less than 2 years of experience to satisfy the 2-hour of Agency Law requirement. We will discuss the various legal, statutory and common law considerations impacting New York real estate professionals. With a focus on Agency Law, we will review the most common legal conflicts surrounding the real estate profession.
II. Agency Law: 120 Minutes
a) Fiduciary Duties
b) Seller’s Agent
c) Buyer’s Agent
d) Broker’s Agent
e) Dual Agent
f) Dual Agent with Designated Sales Agents
g) Landlord’s Agent
h) Tenant’s Agent
i) Rental Broker’s Agent
j) Rental Dual Agent
k) Rental Dual Agent with Designated Sales Agents
III. Legal Conflicts – 30 Minutes
a) Discussion of case law
b) Misrepresentation
c) Fair Housing Violations
d) Antitrust
e) False or Misleading Advertising
f) Employment Status
a. Employee vs. Independent Contractor
g) Environmental Issues
a. Lead Paint
b. Oil Tank
h) RESPA
a. Kickbacks
i) Unauthorized Practice of Law
j) American Disabilities Act
IV. Avoiding Lawsuits – 30 Minutes
a) How to avoid above conflicts
V. Scenarios – 30 minutes
a) We will review and discuss real scenarios highlighting the often fine lines that exist and discuss outcomes that may not be intuitive.
