Description
NEW YORK 22.5 HOUR PACKAGE D
This package contains all the new continuing education requirements, and has been approved by the Department of State of New York. It contains the mandatory:
Fair Housing
Law of Agency
Ethical Business Practices
Recent Legal Matters
The balance of the course are elective topics
Learning Objectives
FAIR HOUSING and ANTI-DISCIMINATION
SECTION 1: In the Beginning
A look back at how discrimination began
SECTION 2: Federal Laws and their Exemptions
Laws and exemptions
Fair housing regulations
Religious organizations
Persons with disabilities
Familial status
SECTION 3: Other Discriminatory Practices and Enforcement of the Laws
Other prohibited practices
Denying access
Steering
Redlining
Code words
Fair housing act 1968
Fair housing amendments 1988
Blockbusting
Cease and desist
Refusing to sell or rent based on covered classes
Represent that a premise is not available based on covered classes
Renting in one’s own home
Religious organization exemption
Private club exemption
Changing credit criteria
SECTION 4: Lawful and Unlawful Questions and Statements
Megan’s law
Age
Disability
Marital status
National origin
Race
Religion
Age
Sex
Familial status
SECTION 5: Advertising Guidelines and Restrictions
Guidelines and restrictions
Responsibility of brokers and salespeople
Proper handling of buyers
Enforcing the law
SECTION 6: Reviewing Discrimination: It’s History and Practices
Legacy of segregation
Role of government
Role of private industry
Working with sellers
Working with buyers
Possible discriminatory situations
Steering
Avoiding illegal steering
Harassment
Summary
SECTION 7: Court Cases
Legal Ramifications and Summary
Case studies 1-12
Sec 1: Recent Legal Matters
Recent investigation and rulings of Housing bias
Overview, findings and rulings and Regulations
Steering
Testers
Unequal treatment by agents
Racial inequities
Instruction 177.9
Advertising 175.25
Explanation
What’s covered
Check list
Fair Housing Recording Regulation Section 175.28
Notification of Fair Housing Laws Section 175.29
All posters and disclosers and check lists relating to:
All regulations posted above with explanation
Website requirements
Video and Recording Record Preservation
AGENCY, ANTI-TRUST AND YOU
SECTION 1: The real world, agency, anti-trust and you
Learning Objectives and key terms
SECTION 2: Ethical use of Agency and Agency
Myths vs. facts
Types of agencies
Agency Relationships
Creating Agency
SECTION 3: Ethical responsibilities of the Agent
Undivided loyalty
Confidentiality
Full Disclosure
Obedience
Duty to Account
SECTION 4: Ethically determining Who is my Client/Customer?
How does the buyer/agent get paid?
Advantages of Buyer Brokerage
Benefits to the Buyer Broker
Fiduciary Responsibilities
Buyer Relationships
Broker’s Agent
Dual Agent
Seller relationships
Buyer relationships
Dual Agency
Unintentional Dual Agency
Summary of Agency Duties
Ethical and Legal ramifications of misuse
SECTION 5: Creating and Terminating Written Agreements and Disclosure Forms
Mandatory Agency Disclosure Form
First Substantive Contact
Dual Agency Agreements
Purchase Offer Agreements
SECTION 5A: Ethical and legal use of forms
Property Condition Disclosure
Creating an Terminating the Listing Agreement
Termination of an Agency Agreement
Types of Releases and Terminations
Landlord/Tenant Agreements
SECTION 6: Lead Paint Effects and Disclosure
Definition and effects of lead
Where can lead be found?
Effects of Lead on humans
How to protect yourself from lead poisoning
SECTION 6A: Lead Paint Disclosure Handout
SECTION 7: Stigmatized Property and Latent Defects
Examples
SECTION 8: Commission and Deposit Money
How are commissions calculated
Procuring Cause
Ready, willing and able
When are commissions earned?
SECTION 9: Understanding ethical requirements including, Anti-Trust Activity
Restraint of Trade
Sherman and Clayton
Anti-trust enforcement
Price fixing
Tie in arrangements
SECTION 10: Jeopardy game
Section 11: Agency Disclosure law updates
AVOID PROBLEMS, MANAGE RISK THROUGH ETHICS
SECTION 1: Learning objectives
Introduction to Risk Management
Ethics
Principles and Values
Section 2: NAR Code of Ethics including Standards and Practices
Avoiding Risk
Code of Ethics Articles
Duties to Clients and Customers
Duties to the Public
Duties to Realtors
Standards and Practices
Implementation of the Code of Ethics to avoid unethical and/or illegal behavior
Code of Ethics summary
Section 3: Laws and regulations
Who needs to be licensed?
Advertising
Business card guidelines
Placement of advertisements
Telephone regulations
Fair housing
Broker teams
Web based advertising
For sale signs
Office signs
Earnest money
Commingling
Copies of signed documents
Commission
Commission rates
Procuring cause
Disclosure of customer
Other commission scenarios
Deposit money
Contingency clauses
Financing misrepresentation
Purchasing for your own account
SECTION 4: Law of Agency
What does Agency mean?
Ethical, Legal and Fiduciary responsibilities
Agencies
Key terms
Types of Agency
Agency Disclosure
Unintentional and Undisclosed Dual Agency
Responsibilities of the Agent
Statements to avoid
Buyer brokerage
Reduce Risk, remember these points
Summing up Dual Agency
Brokers Agent
SECTION 5: Documents and disclosures
Purchase offer agreement
Property disclosure
Caveat Emptor
As is condition
Home inspection
Property condition disclosure forms
Seller’s disclosure form, yes or no?
Potential damage
SECTION 6: Liability
Necessity for ethical behavior
Intentional concealment
Fraud and misrepresentation
Vicarious liability
Suppression
Stigmatized property
The listing agreement
Sub agency
Legal advice and decisions
SECTION 7: Lead Paint Effects and Disclosure
Lead based paint regulations
Methods of testing
Evaluation of lead testing results
History of lead disclosure guidelines
Definition and effects of lead
Effects of lead on humans
Federal penalties for non-compliance
Agents responsibilities
Property Owners responsibilities
Check list for the seller
Check list for the lessor
Check list for the agent
SECTION 8: Disclosure, Misrepresentation and Anti-Trust
Misrepresentation
Anti-trust laws
Price Fixing
Boycotts
Enforcement of Anti-Trust laws
Other anti-trust violations
Market allocation
Tie in arrangements
Duties of an agent
Summary of some anti-trust suits
Company policy and ethical requirements
SECTION 9: Everything else
Contracts
Consideration
Multiple offers
Fair Housing
The role of Government
The role of private industry
Working with sellers
Working with buyers
Possible discriminatory situations
Steering
Avoiding unintentional steering
Harassment
Summing it up
PREDATORY LENDING
SECTION 1: Basics
Key terms
Property flipping
Predatory lending practices
False representation about prepayment penalties
Price gouging
Bill consolidation equity loans
Balloon payments
Section 2: Predatory lending and discrimination
Discrimination in sale or rental
Prohibited steering practices
Case study: Discriminatory steering
Predatory vs. sub-prime loans
LAND USE REGULATIONS
SECTION 1: Introduction
key terms
types of estates
restrictions
covenants
Private land use control
Defeasible fee estate
Easements
Equitable Servitudes
Equitable defenses
Restrictive covenants
Common deed restrictions
Forming restrictive covenants
Impact on land owners
The need for restrictive covenants
Commercial vs. residential covenants
Restrictive covenants disclosure and enforcement
SECTION 2: Subdivisions
Taxation
Escheat
Eminent Domain
Environmental concerns
Subdivisions
Nuisance
Public land use controls
Influence of local powers
Taxation and land use
Property taxes
Tax advantages of land conservation
SECTION 3: Municipal agencies and laws
Office of Parks, recreation and historic preservation
NYS real property law article 9-A
Escheat
State Environmental Quality Review Act
Scoping and State Environmental Quality Review Act
Mitigations and segmentation
Article 78 proceeding
Environment
Infrastructure
Eminent Domain
Eminent Domain abuses
Condemnation
“Taking”
Interstate Land Sales Full Disclosure Act
Required property report
US Army Corps. Of Engineers
HUD
SECTION 4: Zoning ordinances
Zoning Classifications
Residential zoning
Group homes
Commercial zoning
Industrial zoning
Institutional zoning
Agricultural zoning
Public open space zoning
Parkland zoning
Recreational zoning
Vacant land zoning
SECTION 5: Additional Zoning Classifications
As of right zoning
Cluster zoning
Incentive zoning
Spot zoning
Transfer of development rights
Sunshine law
Other boards and agencies
Planning board
Capital budgeting
Master plan
SECTION 6: Plat
Density
Street
Traffic patterns
Subdivision development
Site plan
Specific zoning actions
Non-conforming use
Variances
Conditional/special use permits
Fire prevention
Building department
Dept. of health
Professional service providers
CONSTRUCTION A-Z
SECTION 1: Introduction and key terms
Selecting the contractor
Title search and title insurance
Key terms
SECTION 2: Site planning and building
Building plans
Legal restrictions
Specifications
Soil conditions
Building restrictions
View
Privacy areas
Topography
Site preparation
Building permits and requirements
Certificate of completion
NY requirements
Municipal water
NY onsite sanitary waste system
NY energy code
Other considerations
Landscaping
Zoning
SECTION 3: Building the house
Footings
Foundation walls
Concrete block walls
Wood framing members
Sill plates
Beams/joists
Girders
Lally columns
Studs
Roof
Sheathing
Slab on grade construction
Structural tie in of all components
Post and beam
Balloon framing
Platform
Brick construction
Stucco
SECTION 4: Exterior insulation and finish systems
Roof finishing
Siding
Definitions
Plumbing
Piping
Electrical
Mandated guarantees and warrantees
SECTION 5: House construction Picture review
*No partial credit can be given for this course
