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Representing Purchases & Sellers of Res Condos, Co-ops
Friday, November 9, 2012
- Location -
Affinia Manhattan
371 Seventh Avenue At 31st Street
New York, NY 10001-3984
(212) 563-1800
7.5 MCLE Credits: 7.0 Professional
Practice; 0.5 Ethics

Description
The course will review the basic scope, steps and procedures for
representing purchasers and sellers of condominium units, co-operative
apartments and residences with mandatory membership in homeowners
associations. Typical transactions, including sales pursuant to
public offerings and private re-sales, will be examined from contract
drafting and negotiation, through preparation for closing, closing and
post-closing requirements. Due diligence checklists, sample
contracts, title insurance and lender requirements will be
discussed. Ethical considerations will also be
addressed.
The program at each location will emphasize regional customs and
practice.
The course is appropriate for those familiar with transactions
involving single family homes who wish to learn more about transactions
involving common interest communities. The program is also intended for
practitioners with little or no experience in residential real estate
transactions.
Program Agenda
8:30 – 9:00 a.m. Registration
9:00 – 9:25 a.m.
Introduction
Program Overview
Definitions:
- “Common Interest Community”
- "Cooperative Interests in Realty”
- Martin Act (Registration of Offerings)
- Condominium
- Cooperative
- Homeowners Association
- Distinguishing from single family homes, multiple dwellings and
PUD’s
9:25 – 10:40 a.m. Sales Pursuant to Offerings
Plans
- Offering Plans, Amendments, Enforcement and Role of the Attorney
General
- Sponsor Concerns
- Representing a purchaser
10:40 – 10:55 a.m. Refreshment Break
10:55 a.m. – 12:35 p.m. Re-Sales
- Representing a seller of a Condominium, Cooperative or HOA unit
- Representing a purchaser of a Condominium, Cooperative or HOA
unit
12:35 – 1:35 p.m. Lunch on your
own
1:35 –
4:20 p.m. Specific
Issues*
- Title Insurance (25
min)
- Transfer/Managing Agents (25
min)
- Lenders, Mortgages, Closing Attorneys and Federal Regulations (50 min)
- Analyzing Financial Statements (25
min)
- Home/Engineer Inspections (25
min)
*Refreshment break during this session – 15
minutes
4:20 –
4:45 p.m. Ethics
- Engagement Letters
- Fee Disputes
- Conflicts of Interest
- Escrows and Escrow Agents
4:45 – 5:00 p.m.
Questions
5:00 p.m.
Program Adjournment
Program Faculty
Program Chair Ira
Goldenberg
Goldenberg & Selker, LLP
White
Plains, New York
Local Panels
Albany: Joseph M. Walsh (Local Chair),
Partner, Walsh & Walsh, Saratoga Springs, New York * Erica F. Buckley, Chief of Review,
Real Estate Finance Bureau, Office of the Attorney General, New York,
New York * Paula A. Lapin, Principal, Fix Spinde1man
Brovitz & Goldman, P.C., Fairport, New York * J.
Stephen Reilly, Partner, Whiteman Osterman & Hanna
LLP, Albany, New York *
Leon T. Sawyko, Partner,
Harris Beach PLLC, Pittsford, New York * Thomas W.
Spinrad, Ianniello, Anderson & Reilly, P.C., Clifton
Park, New York *
Rick Winkler, CPA, Fred H. Winkler & Company, P.C.,
Schenectady, New York.
Long Island: Richard Herzbach (Local Chair), Partner, Certilman Balin
Adler & Hyman, LLP, East Meadow, New York * Hon.
Jensen Ambachen, Assistant Attorney General, Office of
the Attorney General, Real Estate Finance Bureau, New York, New York
* Victor
Bert, Partner, Nelson & Pope, Engineers &
Surveyors, Melville, New York * Michelle
E. Cohen, Associate, Certilman Balin Adler & Hyman,
LLP, East Meadow, New York * Mitch Diamond,
Senior Partner, Diamond Law Group, Mineola, New York * Howard A. Fuller,
Partner, Fuller Lowenberg & Co., CPAs, P.C, Hauppauge, New York
* Hon. Kenneth L.
Gartner, Partner, Lynn, Gartner, Dunne & Covello,
LLP, Mineola, New York * David
Goldstein, President, Total Community Management Corp. *
Jodi Hoffman,
Partner, Certilman Balin Adler & Hyman, LLP, East Meadow, New York *
Thomas C.
Lowenberg, Partner, Fuller Lowenberg & Co., CPAs,
P.C, Hauppauge, New York * Michael
P. Sasso, Counsel, First American Title Insurance
Company, New York, New York * Orest
Tomaselli, CEO, National Condo Advisors, LLC.
Westchester: Ira
Goldenberg (Local Chair), Partner, Goldenberg & Selker,
LLP, White Plains, New York * Marvin N. Bagwell,
Vice-President and Chief New York State Counsel, Old Republic National
Title Insurance Co., Westbury, New York * Jennifer Martire
Baukol, Senior Mortgage Advisor, Continental Home Loans,
Purchase, New York * Ralph
Berardi, Senior Mortgage Loan Originator, Continental
Home Loans, Purchase, New York * James E. Carnicelli, President, Carnell
Engineering, Valhalla, New York * Brian S. Cohn, Manager, Gettry Marcus Stern &
Lehrer, CPA, P.C., Woodbury, New York *
Mark D. Ginsburg, Partner, Ginsburg & Redmond, PC,
Hawthorne, New York * Kenneth
Jacobs, Partner, Smith Buss & Jacobs LLP, Yonkers,
New York *
* Lewis
Montana, Partner, Levine & Montana, Peekskill, New York * Joseph S. Petrillo,
President, All NY Title Agency, Inc., White Plains, New York * Lewis Polishook, Office
of the New York State Attorney General, New York, New York * Matthew Lee Renert,
Principal Attorney, Grievance Committee, Ninth Judicial District, White
Plains, New York * Ronald A.
Sher, Partner, Himmelfarb & Sher, LLP, White Plains,
New York.
New York City: Dennis H. Greenstein (Local Chair),
Partner, Seyfarth Shaw, New York, New York * Michael
J. Berey, Michael J. Berey, Esq., Scarsdale, New York *
Ellen Bitton,
President and CEO, Park Avenue Mortgage Group, New York, New York *
Anne Reynolds
Copps, Principal, Law Office of Anne Reynolds Copps,
Albany, New York * Judith
Kaufman, Assistant Attorney General, Office of the
Attorney General, State of New York * Ross M. Levine, Partner, Schwartz, Levine
& Kaplan, PLLC, New York, New York * Mark
Motley, Managing Agent, New York, New York * Marissa
Piesman, Bureau Chief, Real Estate Finance Bureau,
Office of the Attorney General, New York, New York * Norman
Prisand, Partner, Prisand, Mellina, Unterlack & Co.,
LLP, Plainview, New York * Samantha
Sheeber, Partner, Starr Associates LLP, New York, New
York * Lewis C. Taishoff, Law Office of Lewis C.
Taishoff, New York, New York * Allen M. Turek,
Partner, Turek Roth Mester LLP, New York, New York * Howard
L. Zimmerman, Howard L. Zimmerman Architects, P.C., New
York, New York.
New this
Year: All
program materials will be distributed exclusively online in searchable
PDF format, allowing attendees more flexibility in storing this
information and allowing you to copy and paste relevant portions of the
materials for specific use in your practice. A CLE NotePad
© (paper) will be provided to all attendees at the live program
site. The CLE NotePad © includes lined pages for
taking notes on each topic, as well as any PowerPoint presentations
submitted prior to printing. Traditional printed course books can be
ordered at the program site for the discounted price and will be shipped
subsequent to the program date.
Directions
From Long Island: Take I-495 WEST to MIDTOWN TUNNEL. Go through toll and
Enter LEFT TUBE in Midtown Tunnel. Exit Tunnel and stay in LANE. Go LEFT
toward Downtown. Turn RIGHT onto E 35TH ST – go STRAIGHT to 7TH
AVE. Turn LEFT onto 7TH AVE. Follow to 31st & 7th Hotel is on East
side of 7th Ave. From Connecticut: Merge onto I-95 S (Portions toll)
(Crossing into NEW YORK). Keep LEFT to take I-278 W via EXIT 6B toward
TRIBORO BR. Take the exit toward RANDALLS-WARDS IS MANHATTAN / FDR
DRIVE. Stay STRAIGHT to go onto TRIBOROUGH BRIDGE (Portions toll). Merge
onto FDR DR S. Take EXIT 8 toward I-495 / MIDTOWN TUN / E 34 ST. Stay
STRAIGHT to go onto FDR DR SERVICE RD W. Turn RIGHT onto E 37TH ST. Turn
LEFT onto PARK AVE. Turn RIGHT onto E 35TH ST. Turn LEFT onto 7TH AVE.
Follow to 31st & 7th. Hotel is on East side of 7th Ave. From New
Jersey: Take the N.J. TURNPIKE ramp toward NEW YORK AND NORTH. Merge
onto I-95 N / NEW JERSEY TURNPIKE N toward CARS / TRUCKS-BUSES (Portions
toll). Keep RIGHT to take I-95 N / NEW JERSEY TURNPIKE N toward I-80 /
EXITS 15E - 18E / US-46 / INCOLN TUNNEL (Portions toll). Take EXIT 16E
toward LINCOLN TUNNEL / NEW YORK CITY. Keep LEFT to take NJ-495 E toward
LINCOLN TUNNEL (Portions toll) (Crossing into NEW YORK). NJ-495 E
becomes I-495 E / LINCOLN TUNNEL. Take the exit on the LEFT toward I-495
E / 42 ST / RT-9A / ALL POINTS. Stay STRAIGHT to go onto DYER AVE. Turn
RIGHT onto W 40TH ST. Turn RIGHT onto 9TH AVE. Turn LEFT onto W 38TH ST.
Turn RIGHT onto 7TH AVE. Follow to 31st & 7th. Hotel is on East side
of 7th Ave. From JFK: Start out going SOUTHEAST, Turn SLIGHT LEFT to
take the ramp toward AIRPORT EXIT / OTHER TERMINALS. Stay STRAIGHT to go
onto JFK EXPY. Merge onto I-678 N / VAN WYCK EXPY toward AIRPORT EXIT /
RETURN TO TERMINALS / LONG TERM PARKING / RENTAL CAR RETURNS. Merge onto
GRAND CENTRAL PKWY W via EXIT 10 on the LEFT toward LA GUARDIA AIRPORT /
TRIBORO BR. Take the I-495 / LONG IS EXPWY exit- EXIT 10E-W- toward
EASTERN LONG IS / MANHATTAN. Merge onto I-495 W via EXIT 10W on the LEFT
(Portions toll). Take I-495 WEST to MIDTOWN TUNNEL. Go through toll and
Enter LEFT TUBE in Midtown Tunnel. Exit Tunnel and stay in LANE. Go LEFT
toward Downtown. Turn RIGHT onto E 35TH ST – go STRAIGHT to 7TH
AVE. Turn LEFT onto 7TH AVE. Follow to 31st & 7th. Hotel is on East
side of 7th Ave. From LaGuardia: Start out going NORTHEAST on LA GUARDIA
RD. Turn SLIGHT LEFT toward TERMINAL A / MARINE AIR TERMINAL / RENTAL
CAR RETURNS. Turn SLIGHT LEFT onto CENTRAL TERMINAL DR.Take the AIRPORT
EXIT ramp. Merge onto GRAND CENTRAL PKWY W toward MANHATTAN. Take the
BKLYN-QNS EXPWY exit- EXIT 4- toward STATEN ISLAND / I-278 W. Merge onto
BROOKLYN QUEENS EXPY E. Merge onto I-278 W / BROOKLYN QUEENS EXPY. Take
the L.I. EXPWY / I-495 exit- EXIT 35- toward MIDTOWN TUN / EASTERN L.I.
/ GREENPOINT AVE. Merge onto I-495 W via EXIT 35W on the LEFT toward
MIDTOWN TUN / MANHATTAN (Portions toll). Take I-495 WEST to MIDTOWN
TUNNEL. Go through toll and Enter LEFT TUBE in Midtown Tunnel. Exit
Tunnel and stay in LANE. Go LEFT toward Downtown. Turn RIGHT onto E 35TH
ST – go STRAIGHT to 7TH AVE. Turn LEFT onto 7TH AVE. Follow to
31st & 7th. Hotel is on East side of 7th Ave. From Newark: Take the
N.J. TURNPIKE ramp toward NEW YORK AND NORTH. Merge onto I-95 N / NEW
JERSEY TURNPIKE N toward CARS / TRUCKS-BUSES (Portions toll). Keep RIGHT
to take I-95 N / NEW JERSEY TURNPIKE N toward I-80 / EXITS 15E - 18E /
US-46 / LINCOLN TUNNEL (Portions toll). Take EXIT 16E toward LINCOLN
TUNNEL / NEW YORK CITY. Keep LEFT to take NJ-495 E toward LINCOLN TUNNEL
(Portions toll) (Crossing into NEW YORK). NJ-495 E becomes I-495 E /
LINCOLN TUNNEL. Take the exit on the LEFT toward I-495 E / 42 ST / RT-9A
/ ALL POINTS. Stay STRAIGHT to go onto DYER AVE. Turn RIGHT onto W 40TH
ST. Turn RIGHT onto 9TH AVE. Turn LEFT onto W 38TH ST. Turn RIGHT onto
7TH AVE. Follow to 31st & 7th. Hotel is on East side of 7th
Ave.
The last day to pre-register online was November 8, 2012.
Members, please login to get member discounts.
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NYC-Registration
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$165.00
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NYC-Registration
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$265.00
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Accommodations for Persons with Disabilities: NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please
contact Cindy O'Brien at 800-582-2452 or cobrien@nysba.org.
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