§ 440. Definitions. 1. Whenever used in this article “real estate broker” means any person, firm, limited liability company or corporation, who, for another and for a fee, commission or other valuable consideration, lists for sale, sells, at auction or otherwise, exchanges, buys or rents, or offers or attempts to negotiate a sale, at auction […]
§ 440-a. License required for real estate brokers and salespersons. No person, co-partnership, limited liability company or corporation shall engage in or follow the business or occupation of, or hold themselves or itself out or act temporarily or otherwise as a real estate broker or real estate salesperson in this state without first procuring a […]
§ 440-b. Licenses in Putnam county. On and after the first day of July, nineteen hundred thirty-four, no person, copartnership or corporation shall engage in or follow the business or occupation of, or hold themselves or itself out temporarily or otherwise as a real estate broker or real estate salesperson in the county of Putnam, […]
§ 441. Application for license. 1. Form. (a) Any person, copartnership, limited liability company or corporation desiring to act as a real estate broker or any person desiring to act as a real estate salesperson on or after the first day of October, nineteen hundred twenty-two, shall file with the department of state at its […]
§ 441-a. License and pocket card. 1. The department of state, if satisfied of the competency and trustworthiness of the applicant, shall issue and deliver to them a license in such form and manner as the department shall prescribe, but which must set forth the name and principal business address of the licensee, and, in […]
§ 441-b. License fees. 1. The fee for a license issued or reissued under the provisions of this article entitling a person, co-partnership, limited liability company or corporation to act as a real estate broker shall be one hundred fifty-five dollars plus an additional thirty dollar surcharge. Such surcharge shall be collected by the department […]
§ 441-c. Revocation and suspension of licenses. 1. Powers of department. (a) The department of state may revoke the license of a real estate broker or salesperson or suspend the same, for such period as the department may deem proper, or in lieu thereof may impose a fine not exceeding two thousand dollars payable to […]
§ 441-d. Salesperson’s license suspended by revocation or suspension of employer’s license. The revocation or suspension of a broker’s license shall operate to suspend the license of each real estate salesperson associated with such broker, pending a change of association of the salesperson or the expiration of the period of suspension of the broker’s license. […]
§ 441-e. Denial of license; complaints; notice of hearing. 1. Denial of license. The department of state shall, before making a final determination to deny an application for a license, notify the applicant in writing of the reasons for such proposed denial and shall afford the applicant an opportunity to be heard in person or […]
§ 441-f. Judicial review. The action of the department of state in granting or refusing to grant or to renew a license under this article or in revoking or suspending such a license or imposing any fine or reprimand on the holder thereof or refusing to revoke or suspend such a license or impose any […]
§ 442. Splitting commissions. 1. No real estate broker shall pay any part of a fee, commission or other compensation received by the broker to any person for any service, help or aid rendered in any place in which this article is applicable, by such person to the broker in buying, selling, exchanging, leasing, renting […]
§ 442-a. Compensation of salespersons; restrictions. No real estate salesperson in any place in which this article is applicable shall receive or demand compensation of any kind from any person, other than a duly licensed real estate broker with whom they associated, for any service rendered or work done by such salesperson in the appraising, […]
§ 442-b. Discontinuance or change of salesperson’s association; report. When the association of any real estate salesperson shall have been terminated for any reason whatsoever, their broker shall forthwith notify the department of state thereof in such manner as the department shall prescribe. Where change of such salesperson’s association is the basis for such termination, […]
§ 442-c. Violations by salespersons; broker’s responsibility. No violation of a provision of this article by a real estate salesperson or employee of a real estate broker shall be deemed to be cause for the revocation or suspension of the license of the broker, unless it shall appear that the broker had actual knowledge of […]
§ 442-d. Actions for commissions; license prerequisite. No person, copartnership, limited liability company or corporation shall bring or maintain an action in any court of this state for the recovery of compensation for services rendered, in any place in which this article is applicable, in the buying, selling, exchanging, leasing, renting or negotiating a loan […]
§ 442-e. Violations. 1. Misdemeanors; triable in court of special sessions. Any person who violates any provision of this article shall be guilty of a misdemeanor. The commission of a single act prohibited by this article shall constitute a violation hereof. All courts of special sessions, within their respective territorial jurisdictions, are hereby empowered to […]
§ 442-f. Saving clause. The provisions of this article shall not apply to receivers, referees, administrators, executors, guardians or other persons appointed by or acting under the judgment or order of any court; or public officers while performing their official duties, or attorneys at law.
§ 442-g. Nonresident licensees. 1. A nonresident of this state may become a real estate broker or a real estate salesperson by conforming to all of the provisions of this article, except that a nonresident broker regularly engaged in the real estate business as a vocation who is licensed and maintains a definite place of […]
§ 442-h. Rules of the secretary of state. 1. The secretary of state, and not the state real estate board established under section four hundred forty-two-i of this article, shall adopt such rules and regulations as the secretary of state may determine are necessary for the administration and enforcement of this section. 2. (a) If, […]
§ 442-i. State real estate board. 1. There is hereby established within the department of state a state real estate board which shall consist of the secretary of state, superintendent of financial services, and thirteen additional members. At least five of these members shall be “real estate brokers”, each of whom, at the time of […]
