BPI Blog

Right to a Commission

August 15, 2017 | By Charles Botensten

Q. I was formerly licensed as a real estate salesperson associated with a real estate brokerage company (the “Broker”). During my association with the Broker, I represented a purchaser of a co-op apartment. The transaction closed and my Broker collected a commission at the closing. Two days after the closing, my license expired. The Broker is now reluctant to pay me my respective split of the commission. He contends that he is prohibited from sharing a commission with me in light of the statutory prohibition against sharing a commission with an unlicensed individual. Even though I am not currently licensed, am I nevertheless entitled to my respective share of the brokerage ...

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Marijuana in a Co-op Apartment

August 14, 2017 | By Charles Botensten

Q. I am an associate real estate broker and represented a co-op purchaser who recently complained to me about the smell of marijuana in his apartment. According to my purchaser, one shareholder on his floor smokes an excessive amount of marijuana. The shareholder’s conduct is causing smoke and odors to permeate into my purchaser’s apartment. Is there anything that my purchaser can do? A. Your purchaser should consider writing a letter to the board of directors of the co-op (the “Board”) explaining the situation and requesting their assistance in resolving the problem

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Fair Housing Act and Board Interviews

August 9, 2017 | By Charles Botensten

Q. I represent a prospective purchaser who is interested in purchasing a co-op apartment in New York City. The prospective purchaser suffers from a physical disability and the purchaser is restricted to the use of a wheel chair. Is the co-op allowed to ask my purchaser about his disability during his board interview? Additionally, is the co-op allowed to ask my purchaser if he intends on requesting any structural modifications (or other reasonable modifications) to the premises? A. No, the co-op is prohibited under applicable fair housing laws from asking the questions stated above. F

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Temporary Walls

August 9, 2017 | By Charles Botensten

Q. Can my renter install a temporary wall in her New York City apartment? A. In order to install a temporary wall in an apartment, a renter must comply with applicable New York City laws and regulations. For example, it is illegal to install a floor-to-ceiling wall in an apartment (even if the wall is intended as a temporary installation) without first obtaining a permit from the New York City Department of Buildings. Furthermore, if the renter installs a wall, then the renter must ensure that (i) all rooms in the apartment meet minimum square foot requirements; (ii) egress routes are not impeded

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Requirement that a Superintendent Live in the Building

August 8, 2017 | By Charles Botensten

Q: Is there a law which addresses whether a superintendent is required to physically live in an apartment building in New York City? A: Yes. In apartment buildings with nine or more units located in New York City, the landlord must provide: (i) janitorial/superintendent services him/herself if he/she lives in the building or (ii) the building with a superintendent who physically lives in the building, or if the superintendent does not live in the building, provide a superintendent who lives within 200 feet or one

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Agency Disclosure Form to a Husband and Wife

August 7, 2017 | By Charles Botensten

Q: Last week I conducted an open house on behalf of a seller. During the open house, I met a woman who was interested in purchasing the unit. Upon speaking with and learning of the woman’s interest in purchasing the unit, I gave the woman the Agency Disclosure Form as required by New York State Law. However, after the open house, I learned that the woman is married. In light of the fact that the husband is also a potential purchaser, am I also required to provide the husband with the Agency Disclosure Form?
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Offer Accepted - Then Rescinded

August 4, 2017 | By Charles Botensten

Q. I represent a purchaser who is looking to purchase a condominium unit located in New York City. There were several offers placed on the unit and the seller’s real estate broker, who is a REBNY member, requested that all prospective purchasers submit their “best and final offer.” My purchaser’s “best and final offer” was accepted. A few days later, I was informed that the seller elected not to sell the unit to my purchaser. What, if any, binding effect does the acceptance of a “best and final offer” have on the seller?

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