NY RE Broker study materials
NY RE Broker study resources

NY RE Broker flashcards

NY RE Broker · Build recall with a focused review session.

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Licensing authority in New York
The Department of State, Division of Licensing Services, administers real estate licensing under Article 12-A of the Real Property Law and imposes discipline.
Salesperson sponsorship requirement
A salesperson license is valid only while associated with a sponsoring broker; the salesperson cannot accept compensation directly from clients or customers.
License renewal cycle
New York real estate licenses are renewed every two years; renewal after expiration requires a late fee and may require additional education.
Commission negotiability
Commission rates are set by agreement between the parties and may not be fixed by law or by concerted action among brokers.
Agency disclosure timing
The licensee must disclose the agency relationship in writing at the first substantive contact and obtain the client's written acknowledgment.
Commingling prohibition
Client or escrow funds may not be mixed with the licensee's personal or business funds; escrow must be held in a designated account.
Federal protected classes
The federal Fair Housing Act protects race, color, religion, sex, national origin, familial status, and disability from housing discrimination.
Source of income protection
New York law bars landlords from refusing a tenant solely because rent is paid through a subsidy such as Section 8 vouchers.
Familial status defined
Protection covers households with children under 18 and pregnant women; blanket no-children policies are unlawful discrimination.
Reasonable accommodation
A landlord must adjust rules, policies, or procedures when needed so a person with a disability can use and enjoy the dwelling.
Blockbusting prohibited
It is unlawful to induce panic selling by telling owners that members of a protected class are moving into the neighborhood.
Steering prohibition
A licensee may not channel prospective buyers toward or away from neighborhoods based on a protected class characteristic.
Advertising brokerage name rule
Every advertisement must include the licensed brokerage name as registered with the Department of State; salesperson names may accompany it.
Blind advertising ban
Advertising that omits the brokerage name and leaves the impression of an independent or private seller is prohibited.
Truthful advertising standard
Ad copy must be accurate and not misleading; material omissions that create a false impression violate the license law.
Fair housing in ads
Advertising may not state a preference, limitation, or discrimination based on any protected class under federal or state law.
Team name advertising
Use of a team or trade name in marketing requires that the licensed brokerage name also appear in the same advertisement.
Listing authorization required
A licensee may not advertise a property without the owner's written authorization or a valid listing agreement.
SOP written requirement
Brokerages must maintain written standardized operating procedures describing how buyer and seller clients are handled and served.
SOP website publication
Standardized operating procedures must be posted conspicuously on the brokerage website and provided in writing on request.
SOP buyer-client sequence
The procedures must state whether and when the firm requires an exclusive buyer-broker agreement before providing services.
SOP consistency duty
Procedures must be applied uniformly; treating similarly situated clients differently without a stated basis violates the procedure.
Broker qualifying education
Broker candidates complete 120 hours of approved qualifying education or hold equivalent education accepted by the Department of State.
Broker experience requirement
A broker applicant generally needs at least two years of licensed salesperson experience or an approved equivalent experience standard.
Salesperson qualifying course
The standard salesperson track requires the 75-hour qualifying course plus passing the state licensing examination.
Broker continuing education
Brokers complete 22.5 hours of approved continuing education per two-year cycle, including fair housing and agency instruction.
Fingerprint requirement
License applicants must submit fingerprints for a criminal history check and disclose prior criminal or disciplinary records.
Branch office license
Each branch location must hold its own branch license and have a designated licensed broker responsible for supervising that office.
Branch manager authority
Supervision of a branch must rest with a licensed broker or associate broker; an unlicensed manager cannot exercise that authority.
License display rule
The main office and each branch must display the license and required agency disclosure notices where clients can see them.
Unlicensed assistant duties
Unlicensed staff may handle clerical work such as phones, scheduling, filing, and data entry but may not negotiate or show property.
Unlicensed assistant compensation
Unlicensed assistants may be paid wages or salary but may not receive a commission or a share of a brokerage fee.