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A233Assembly2009-2010 Session

Prohibits entities from engaging in the business of offering, at the same time and place, certain real estate related services to first time home buyers

Sponsor Michael BenjaminAD-79Affects Public Safety & Consumer Affairs
Status
In Assembly Committee
Consumer Affairs And Protection
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Consumer Affairs And Protection

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Who cares

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Sponsors

Primary sponsor
Michael Benjamin

Assembly Member · Assembly District 79

No co-sponsors yet.

History

  1. Referred to consumer affairs and protection
  2. Referred to consumer affairs and protection

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A233

Title of bill

An act to amend the general business law, in relation to prohibiting entities from engaging in the business of offering, at the same time and place, real estate broker services, mortgage broker services, appraiser services and legal services to first time home buyers

Purpose or general idea of bill

To ban "one-stop shops" for first time home buyers.

Summary of specific provisions

Section 1. The general business law is amended by adding a new section 395c. This section relates to unlawful practices for first time home buyers. And states: no person, partner- ship, association, corporation or entity shall engage in the business of offering, at the same time and place, real estate broker services, mort- gage broker services, real estate appraiser services and legal services to first time home buyers.

Justification

In the July, 2008, New York State Commission of Investi- gation's "A Perfect Storm: Easy Money and the Mortgage Meltdown, The Subprime Mortgage Crisis in New York State", the commission found that first-time homebuyers were often taken advantage of by "one-stop shop- ping" enterprises where the buyer could obtain the real estate broker, mortgage broker, appraiser and attorney services under one roof. They also found that while it appeared to be a convenient arrangement for the home buyer, it served as a significant conflict of interest and a breed- ing ground for fraud.

One-stop shops are frequently found in minority neighborhoods and utilize the same scam to take advantage of first-time homebuyers. The scam that is frequently practiced relies on the fact that first-time homebuyers have no previous experience in the real estate market. Often, an unscrupulous real estate or mortgage broker will take care of everything for this buyer, including arranging for the mortgage, the appraisal and the attorney. In order for the scam to work, the real estate broker, the mortgage broker, the appraiser and the attorney, all located in one agency, work together and have the common interest of originating the mortgage and collecting the attendant fees, without regard to whether the borrower can actually afford the loan.

Prior legislative history

New Bill

Fiscal implications

Unknown

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.