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Hamptons.com
November 28, 2012

Can A Real Estate Broker Be Held Responsible? Sometimes It Is A Matter Of Opinion

John A. Viterittiby John A. Viteritti
in Real Estate
Home Real Estate

A real estate agent’s responsibilities are often determined by an administrative law judge of New York’s Department of State or a civil court judge. It is not uncommon for real estate agents to ask, “Can I be held responsible if?” The answer often depends on the opinion of the court.

In a Richmond County court, a judge found both the owner and the owner’s real estate agent derelict in their obligations to inform a buyer that the property they were in contract to purchase lacked the required certificate of occupancy for a two family house. The judge stated further that it was the obligation of the real estate agent to know and inform the Buildings Department of the home’s illegal status.

The same judge in a recent case where a landlord brought an action against a tenant for unpaid rent ruled that the landlord was unable to collect rent because the apartment did not have a certificate of occupancy. The tenant wanted the return of rent paid, due to the apartment’s illegal status. The judge ruled that the tenant could not collect the rent paid since they occupied illegally. The judge did recommend that the tenant file a suit against the real estate broker who rented them the apartment for the amount of the rent they paid to the landlord.

In a conversation with the Town of Southampton Town Attorney’s office regarding the Town of Southampton Rental Permit Law, I was told that the number of complaints their office has received from landlords and tenants who have been found in violation of the law complaining that the real estate agent they dealt with did not inform them of the law has increased dramatically. The Town Attorney has advised them to register their complaints with the Department of Sate, the regulatory agency that has jurisdiction over real estate licensees. Additionally, courts have not permitted landlords who have tried to collect rent or evict tenants if they have not complied with the Rental Permit Law.

A reading of the License Law Section 443-a, addresses the specifics of property condition disclosure. It also addresses what are generally known as “stigmatized properties;” murders, suicides, haunted houses. Each of these topics has been discussed at length in previous articles available on this website.

Too often real estate agents place themselves in jeopardy when they try to parse the language of the law.

Alfred M. Fazio, a legal expert and partner in the law firm Capruder Fazio Giacoia advises real estate licensees, “disclose, disclose, disclose.” This includes both agency disclosure and facts about the property.

The real estate agent has a fiduciary responsibility to its client, the person it is representing. It also has a duty of fair and honest dealing towards third parties and is expected to act competently and professionally. Whether the real agent meets these requirements, will often be determined by an administrative law judge or in a court of law.

The best defense is too know the law, including the case law, and be very cautious when dealing with circumstances and situation where your conduct could be considered unprofessional and untrustworthy.

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Sylvester Manor And  Peconic Land Trust Announce Preservation Of Additional 57.1 Acres On Shelter Island

Sylvester Manor And Peconic Land Trust Announce Preservation Of Additional 57.1 Acres On Shelter Island

  • 7 Ashwood Court, Southampton, NY 11968⁠
Saunders Exclusive: $6,200,000⁠
@vinceinthehamptons⁠
@hamptonsrealestate⁠
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This magnificent new construction offers a blend of modern luxury and timeless sophistication. Spanning 7,546 +/- sq. ft. on a pristine 0.92-acre lot, this two-story traditional-style residence boasts 7 bedrooms, 7 full baths, and 1 half bath.⁠
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Inside, find an open kitchen adorned with marble countertops and high-end stainless steel appliances, perfect for the culinary enthusiast. The home features a spacious entry foyer, a living room, dining room, family room, den/office, and a study. Enjoy the comfort of two primary bedrooms, each with its own freestanding soaking tub, located on the first and second floors, respectively.⁠
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Read the full article at Hamptons.com (Link in Bio)⁠
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#saunders #hamptons #hamptonsrealestate #luxuryrealestate #southampton
  • Steeped in tradition, history, and familiarity, a refurbished Sagaponack General Store has reopened its doors. Though still on the same footprint, the renovated establishment feels larger and more spacious, with an open layout and abundant natural light that adds warmth and charm. It now shares space with the newly restored historic Post Office at 542 Sagg Main Street in Sagaponack, located between Sagaponack Road and Hedges Lane, just south of the Sagaponack Common School.⁠
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The original 1878 building was meticulously moved 15 feet back from Sagg Main Street and now features a welcoming new porch. The Post Office, located there as well, has its own handicapped-accessible entrance. While construction is complete, the Post Office has not yet reopened to the public. ⁠
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Read the full article at Hamptons.com (Link in Bio)⁠
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#sagaponackgeneralstore #local #community #sagaponack #⁠
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  • Check out the top Hamptons events this weekend!⁠
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🎭 Coppélia at Guild Hall⁠
📅 May 2–4⁠
🕖 Fri & Sat @ 7PM | Sun @ 12PM & 5PM⁠
📍 Guild Hall, East Hampton⁠
✨ Hampton Ballet Theatre School’s spring ballet!⁠
🎟️ Link in bio⁠
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🎙️ Elvis Meets Sinatra @ WHBPAC⁠
📅 Sat, May 3 | 🕗 8PM⁠
📍 Westhampton Beach PAC⁠
🎶 Top tribute acts for Elvis & Sinatra⁠
🎟️ Link in bio⁠
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📚 Gingy’s Diaries @ Southampton Arts Center⁠
📅 May 2–4⁠
🕑 2PM & 7PM⁠
🎭 A witty, moving new show by Ilene Beckerman⁠
🎟️ Link in bio⁠
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🌸 Spring Market @ Share the Harvest Farm⁠
📅 Sat, May 3 | 🕙 10AM–12PM⁠
📍 St. Luke’s Church, East Hampton⁠
🎶 Live music, fresh food, flowers & gifts⁠
🎟️ Link in bio⁠
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🏇 Kentucky Derby Party⁠
📅 Sat, May 3 | 🕓 4PM–7PM⁠
📍 Fauna, Westhampton Beach⁠
🍹 Cocktails, hors d’oeuvres & hat contest!⁠
🎟️ Link in bio⁠
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🌼 Mother’s Day Flower Arranging Class⁠
📅 Sun, May 4 | 🕒 3PM–5PM⁠
📍 The Hampton Maid, Hampton Bays⁠
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🧘‍♀️ The Rise Wellness Retreat⁠
📅 Sun, May 4 | 🕘 9AM or 3PM⁠
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🏃 May Day 5K – East Hampton⁠
📅 Sun, May 4 | 🕘 9AM⁠
📍 101 Ocean Ave, East Hampton⁠
💖 Run for Family Service League⁠
🎟️ Link in bio⁠
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🪑 Almond Zigmund: Wading Room Exhibition⁠
📅 Opens Sun, May 4 | 🕛 12PM–5PM⁠
📍 Guild Hall, East Hampton⁠
🎨 A fusion of art, furniture & collaboration⁠
📸 Photo Credit: Francine  Fleischer
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🍽️ Long Island Restaurant Week⁠
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🍷 Enjoy 3-course prix fixe meals across LI⁠
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⛳ CMEE Spring Golf Outing @ The Bridge⁠
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  • 98 Bay Street, Sag Harbor, 11963⁠
Saunders Exclusive: $8,995,000⁠
@hamptonsrealestate @edmundgaetjens⁠
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Discover an unparalleled offering in the heart of historic Sag Harbor Village. Situated on an idyllic 0.63-acre corner lot, this meticulously restored Victorian delivers the ultimate Hamptons lifestyle: a luxuriously appointed main residence, a lofted studio, and resort-like grounds with a heated gunite pool. Just moments from Sag Harbor
  • To launch the celebrations for its 50th edition, the Hampton Classic Horse Show has unveiled its 2025 poster, “Beneath the Painted Sky,” featuring artwork by Michael “Mickey” Paraskevas of Southampton, NY. Paraskevas has previously designed the Hampton Classic poster four times (1987, 1992, 1998 and 2008).⁠
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Celebrating 50 years of world-class equestrian competition, the Hampton Classic returns to Bridgehampton, NY, August 24-31, featuring FEI CSI5* and CSI2* show jumping and USEF Premier hunter competitions with more than $1 million in prize money.⁠
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📸: Poster Courtesy of the Hamptons Classic⁠
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Read the full article at Hamptons.com (Link in Bio)⁠
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Only a couple of weeks till Memorial Day Weekend! ⁠
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📅 Friday, April 25th | 🕤 9:30–10:30 AM⁠
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🔥 Move, stretch, and detox in a 95°–105° room. Mindfulness meets movement.⁠
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🏃‍♀️ 13th Annual Katy’s Courage 5K⁠
📅 Saturday, April 26th | 🕖 7–10 AM⁠
📍 21 W Water St, Sag Harbor Village⁠
💖 Supporting scholarships & Katy’s Kids @ CMEE. Run with heart.⁠
📸: Courtesy of Katy’s Courage⁠
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🛶 Kayak Big Fresh Pond⁠
📅 Saturday, April 26th | 🕙 10 AM–12 PM⁠
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🎨 Spring Craftmarket – Ashawagh Hall⁠
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🎥 Happy Gilmore – Special Screening⁠
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🎬 Ferris Bueller’s Day Off⁠
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Check out more events at Hamptons.com⁠
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#events #hamptons #films #yoga #restaurantweek
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