September 27, 2019 | New York Law Journal
Martin Act Amendments: Threshold for Effective Offering PlanIn her Ask the Former Regulator column, Erica F. Buckley discusses recent amendments to the Martin Act, of which one of the most-controversial changes was the threshold for declaring an offering plan effective. She discusses the changes and provides an example of what declaring an offering plan effective would look like under a strict interpretation of the new law.
By Erica F. Buckley
10 minute read
June 04, 2019 | New York Law Journal
Enforceability of Shortened Period for Suing Condo SponsorIn her Ask the Former Regulator column, Erica F. Buckley discusses the enforceability of provisions in new construction offering plans where a sponsor has shortened the statute of limitations for unit owners and the condominium board to sue sponsor.
By Erica F. Buckley
5 minute read
March 01, 2019 | New York Law Journal
'Grossing Up' and 'Seller Concessions': Advice for SponsorsIn her Ask the Former Regulator column, Erica F. Buckley addresses what is legal under the Martin Act with regard to “seller concessions” (credit given to the purchasers at closing which is often applied to closing costs, repairs or other expenses) and “grossing up” (when the seller increases the sales price in an amount equivalent to the amount of the seller's concession).
By Erica F. Buckley
7 minute read
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