Legal Line Question of the Week: Most Common Questions and Answer on the REBNY Legal Line

Question: We are frequently asked "What is the most common question asked on the REBNY Legal Line?"

Answer: While there is no one question that we would describe as "common," the most frequent answer that we provide on the REBNY Legal Line is, "Don't be an attorney." By virtue of the unique and trusted relationship that exists between "real estate agents" and their clients, agents are frequently asked legal questions or questions that are beyond their expertise or experience. It is very important for real estate agents to recognize when such questions go beyond the scope of their job and role. A real estate agent should never feel obligated to provide legal advice to a client.

A real estate agent who provides legal advice violates the REBNY Code of Ethics and engages in the Unauthorized Practice of Law, which is a misdemeanor under New York State law. Furthermore, such activity creates liability for the real estate agent and the agent's real estate broker.

A good example of this would be the Housing Stability and Tenant Protection Act (the "Act"). The Legal Line receives numerous questions that real estate agents are posing on behalf of landlords and tenants regarding the Act. These laws are complex and written in a way that may create unintended consequences for consumers. While we appreciate an agent’s need and desire to obtain clarification and guidance for his or her tenant and landlord clients, the purpose of the REBNY Legal Line is to serve as a resource and to "protect" REBNY members. We cannot provide legal advice to an agent’s client. Furthermore, and most importantly, a real estate agent cannot provide legal advice to his or her clients. Accordingly, we strongly recommend that the agent’s clients speak with their own attorneys regarding the specific issues, situations and challenges that these laws are creating.

Please note that we always strive to provide you with guidance and resources regarding various laws and topics. However, please remember that even when we provide such resources and guidance, agents must not provide legal advice to their clients. Once again, "Don’t be an attorney."