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licensed - Generally, Article 12-A of the Real Property Law provides that anyone
who, on behalf of another and for a fee, 1) negotiates a sale,
exchange or rental of real property, 2) collects rent, or 3)
negotiates a commercial loan secured by a mortgage must be licensed as
a real estate broker.
What is the difference between a real estate broker and a real estate
salesperson?
A real estate broker is responsible for the supervision and conduct of the
real estate brokerage business. He or she applies for and holds the license on
behalf of the brokerage. This person is known as the "representative
broker." A real estate salesperson works for and is supervised by the
representative broker. The salesperson acts as the representative broker's
agent. All listings, although perhaps negotiated by a salesperson, are
accepted by the representative broker. |
How do I become a real estate salesperson or broker? In order to qualify for licensure as a real estate salesperson, an applicant
must have satisfactorily completed a 45 hour salesperson qualifying education
course in real estate approved by the Secretary of State, and have passed a
qualifying examination administered by the Department.
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To qualify for licensure as a real estate broker, an applicant
must have at least one year of experience as a licensed real estate
salesperson or at least two years of experience in the general real estate
field (e.g., buying and selling your own property, managing property owned by
your employer), have satisfactorily completed both the qualifying salesperson
course of 45 hours and an additional 45 hour real estate broker course as
approved by the Secretary of State, and have passed a qualifying examination
administered by the Department.
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Who licenses mortgage brokers?
Anyone who negotiates or attempts to negotiate any mortgage loan other than a
mortgage loan on residential property, in the state of New York, is required
to be licensed as real estate broker, or as a salesperson associated with a
real estate broker. This license is issued by the NYS Department of State.
To negotiate a mortgage loan on residential property (one to four family
building) registration with the New York State Banking Department is required.
If I am a real estate management company, do I need a real estate
broker's license? That depends on what services you provide. If you collect rent or place
tenants in vacant spaces on behalf of your landlord client, the answer is yes.
If, on the other hand, your services are strictly maintenance, the answer is
no. you are not acting as a fiduciary (not handling another person's money).
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Whom do I call if I am not sure whether I completed my 22.5 hours of
continuing education during my license term? Contact the school(s) you attended. Schools are required by law to maintain
course completion records for three years. You may request duplicate
certificates from the school(s) in the event you are audited.
In order to renew my salesperson license, I completed the 45-hour broker
qualifying course. Can I apply the extra 22.5 hours to my next license term?
No. The law clearly states that continuing education must be completed within
each license term. |
I could not complete the continuing education, but I wish to renew my
license anyway. Can I apply for an extension?
Please refer to §177.6 in the real estate law booklet. Extensions will only
be granted in bona fide hardship cases. You must submit the following,
preferably prior to your license expiration: a written request for the
extension, completed renewal form, fee, and original documentation
demonstrating your hardship; i.e., medical documentation.
I think I might be exempt, but I am not sure when I originally became
licensed. Can you tell me when I was first licensed?
No. The Department of State only maintains seven years of real estate records.
You may possibly determine your original date of licensure if you know when
you completed the salesperson course and how long it took you after completing
the course to apply for your license.
What happens if I do not complete my continuing education and don't
renew my license? If you do not renew your license, you cannot conduct any real estate
activities that require a New York State real estate license in accordance
with Article 12-A of the Real Property Law. There are no grace periods that
allow you to continue working while not licensed. You have two years from the
date your license expires to renew your license. If you fail to renew within
that period, you will be required to pass the state written examination. No
continuing education will be required to repeat the licensing process again.
When you submit your new salesperson application, you must include the
following: your new examination results, application fee, and a copy of your
expired license/pocket card or ORIGINAL proof of completing the salesperson
course. If possible, it is better to submit original proof of your salesperson
course. If you do not have an original certificate, then call the school where
you took the course to request another certificate.
If you are applying for your broker's license, you must submit ORIGINAL
proof of your 45-hour salesperson course and 45-hour broker course, or
a copy of your expired broker's license.
How do I obtain a waiver from the 45-hour salesperson or 90-hour broker
course requirement?
You must submit a written request stating the waiver you are applying for
along with ORIGINAL proof of course completion, a detailed outline listing
topics and hours, and a course description. We only review prelicensing
courses from other states that were completed in a classroom setting. (No
home-study/correspondence courses.) The prelicensing salesperson's course
must be at least 45 hours of classroom instruction and the broker's course, 90
hours.
In addition, if you have graduated with a Master's Degree with a
concentration in real estate, you may qualify for a 90-hour waiver of the
qualifying courses. Please submit an official transcript with your waiver
request.
If you are granted a waiver, you will receive the waiver letter, the
license application, real estate law booklet, and examination schedules. When
you are ready to apply for your license, please submit the ORIGINAL waiver
letter with your application, fee, passed examination results, and any other
required documents.
I have been a real estate licensee for many years. Am I exempt from the
continuing education requirements?
Article 12A statutorily requires all real estate brokers and salespeople to
complete 22½ hours of Department of State approved education within their
two-year license period prior to the date of expiration. The law does provide
for an exemption from this requirement for a real estate broker who has 15
consecutive years of combined licensure as a salesperson and a broker and who
is actively engaged in the real estate business as a real estate broker at the
time of renewal, or an admitted NYS attorney.
Where do I get more detailed information? You may access pertinent law and regulations, applications and exam schedules
from this website. You may also request this or other information by calling a
Division of Licensing Services customer service representative at (518)
474-4429 or by writing to:
New York State Department of State
Division of Licensing Services
84 Holland Avenue
Albany, New York 12208-3490
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