What do you do when you see the impossible?

David Goldsmith

All Powerful Moderator
Staff member
What is the buyer's Broker's responsibility when passing along information? Today I got an email for a 9 unit brownstone built in 1910 saying all the units are "totally free market." Based on my understanding of The Housing Stability and Tenant Protection Act of 2019 that's not possible, and in fact all such units would fall under Rent Stabilization (if not Rent Control or SRO). This isn't the first time I've gotten similar emails/setups, but the question is more general:
What is the buyer's Broker's responsibility when they get information from the seller's Broker which the have good reason, should know, etc to suspect isn't fully accurate? Should you just pass it on and go with calling it the seller's representation or do you have an obligation as the buyer's fiduciary to point out your doubts?
 

Noah Rosenblatt

Talking Manhattan on UrbanDigs.com
Staff member
hmm, I would think the buyer broker's fiduciary is to pass that info on to the client. But I would love for an attorney out there to confirm this
 

MCR

Active member
What is the source of anyone’s belief that a buyer’s agent has a fiduciary duty to the buyer? I don’t know the answer, but I do know there are agent contexts in other fields where the principal wrongly assumes their agent has a fiduciary duty to them. In other words, whether any agent has a fiduciary duty to their principal is dependent on specific industry, contracts and applicable statutes that govern the relationship in question.
 

MCR

Active member
As a follow-on, I like the open-endedness of the original question. What is the buyer’s broker’s responsibility in the given scenario. It may well be the the question would be answered differently by the same person depending on whether you qualify “responsibility” - one might feel compelled to disclose as a moral responsibility while having no legal responsibility. Moral hazards abound in our society; don’t know if this is one.
 

David Goldsmith

All Powerful Moderator
Staff member

"When you employ a real estate broker or salesperson as your agent, you are the principal. "The relationship of agent and principal is fiduciary in nature, ‘...founded on trust or confidence reposed by one person in the integrity and fidelity of another.' (citation omitted) Included in the fundamental duties of such a fiduciary are good faith and undivided loyalty, and full and fair disclosure. Such duties are imposed upon real estate licensees by license law, rules and regulations, contract law, the principals of the law of agency, and tort law. (citation omitted) The object of these rigorous standards of performance is to secure fidelity from the agent to the principal and to insure the transaction of the business of the agency to the best advantage of the principal. (citations omitted)." (Emphasis added) DOS v. Moore, 2 DOS 99, p. 7 (1999)"
 
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Noah Rosenblatt

Talking Manhattan on UrbanDigs.com
Staff member
Hi Noah and sorry for the delay.

The fiduciary responsibility to ones clients is to provide the most accurate information possible and if one has doubts or questions it should indeed be pointed out. The client is relying on you for your expertise and guidance. What if the client proceeded in a transaction and was subsequently harmed and their broker had doubts about the accuracy? A client would assume their broker had only their best interests in mind. Not to disclose would be a breach of fiduciary responsibility. Generally speaking the broker needs to present all material information that the broker knows or could reasonably obtain relating to the transaction, so that the client can make the most informed decision. In my opinion, the scenario as below is pretty cut and dry as to what the broker needs to do.

I hope this helps.

Steven Matz, Esq.
Katz and Matz, PC
1350 Avenue of the Americas, 3rd FL
New York, NY 10019
Phone 212 244 4630
Fax 646 219 5717
 
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MCR

Active member
Now that the fiduciary duty is established, the consumer is just vulnerable to having an ill-informed agent, much in the same way consumers are vulnerable to lawyers who were not well-trained. A lawyer might be trying their best, but genuinely not understand the law. I suspect there are many brokers who genuinely cannot advise clients well because they don’t have the knowledge base to spot pitfalls. Ignorant brokers can go about their daily jobs with glee, while the broker with the deep knowledge is likely tortured by what s/he reads in many listings.
 

David Goldsmith

All Powerful Moderator
Staff member
The Broker's Credo:
"All you need in this life is ignorance and confidence, and then success is sure."
Mark Twain
 
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David Goldsmith

All Powerful Moderator
Staff member
Perhaps Patti Stone should see some of these broker's setups claiming units as "market rate" that can't possibly be.


Vacancy decontrol of rent-stabilized units surged 70% despite new law
Big increase last year occurred in less than six months

Landlords managed to yank nearly 8,000 apartments out of rent regulation using high-rent vacancy decontrol last year before that method was banned in mid-June.
The deregulation of 7,878 units in five and a half months was a 70 percent increase from all of 2018, according to a new report by the city’s Rent Guidelines Board. About 61 percent of the apartments were in Manhattan.
Until the state’s Housing Stability and Tenant Protection Act ended the practice immediately, owners could deregulate a stabilized apartment upon vacancy if its legal monthly rent reached $2,774.76. Even with only half a year, and no certainty about what the legislature would do, owners in the city flipped 3,250 more units in this manner than in the previous year.

Overall, the board reported a net loss of 2,444 rent-stabilized units last year. That’s the largest decline since 2015, when it reported a net loss of 8,009. The city saw a net gain of more than 4,000 in 2017 and 2018. The city has nearly 1 million rent-stabilized apartments.

Leah Goodridge, a supervising attorney with the Housing Project at Mobilization for Justice and one of the board’s two tenant representatives, noted during a meeting Wednesday that these figures only represent units voluntarily reported by landlords.

“No one knows how many units were illegally deregulated,” she said.

Patti Stone, one of the board’s two landlord representatives and an attorney for Rosenberg & Estis, called Goodridge’s comment “outrageous,” though she said some small landlords might have failed to register their apartments or notify the state of deregulation if they misunderstood the law.

Since 1994, the board has reported a net loss of at least 145,312 stabilized units. The board notes in its report that this figure doesn’t include all deregulated apartments because landlords weren’t always required to report this information to the state.

The number of stabilized units varies from year to year, largely because tax breaks triggering rent regulation start and expire. Last year 8,819 units were added to the city’s stabilized stock, a 26 percent drop from the year prior. The board said 65 percent of the newly stabilized units in 2019 were properties in the program formerly known as 421a, now called Affordable New York, which abates property taxes for new buildings that devote a percentage of units to low- and middle-income tenants.

J-51, a tax abatement and exemption program, also contributed to the increase, but only added 196 units. For the past decade, participation in the J-51 program has dropped precipitously. City and state officials have suggested that the program will be reformed this year to make it more attractive to building owners.

Earlier this month, in a preliminary vote, the Rent Guidelines Board endorsed freezing rents on one-year leases and the first year of two-year leases signed on or after Oct. 1, 2020. During the second year of two-year agreements, rent would rise 1 percent under the proposal. A final vote is slated for June 17.
 

Noah Rosenblatt

Talking Manhattan on UrbanDigs.com
Staff member
hmm this is very interesting..thx for the share David. I imagine this stock drops over next few years as new development activity falls from the previous few years market sluggishness and now covid
 
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