Favorable Declaratory Judgment Ruling Provides Defense For Listing Brokers Against Charges Of NYS Building Code Violations

Couch White successfully obtained a Declaratory Judgment regarding the proper interpretation of the New York State Building Code which provides that listing brokers, in their capacity as marketing agents for a property listed for sale, are not responsible for substantive Code compliance or Code violations due to failure of the listed property to comply with Code provisions.

New York Court Of Appeals Issues Landmark Decision Regarding Obligations Of Buyer's Brokers

In a unanimous decision issued on April 24, 2008 in Rivkin v. Century 21 Teran Realty LLC, the New York State Court of Appeals adopted the position urged by the New York State Association of REALTORS, Inc. ("NYSAR"), as amicus curiae, in answering a certified question by the United States Court of Appeals for the Second Circuit.

New York Court Of Appeals Upholds 'Attorney Approval' Clauses In Real Estate Contracts

In a unanimous decision on November 25, 2008, the New York State Court of Appeals adopted the position urged by the New York State Association of REALTORS, Inc. ("NYSAR"), as amicus curiae, in resolving the question of the permissible use of "attorney approval" contingency in real estate contracts.