Section 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 or otherwise, exchange, purchase  or  rental  of  an  estate  or
  interest  in  real  estate, or collects or offers or attempts to collect
  rent for the use of real estate, or negotiates or offers or attempts  to
  negotiate,  a  loan secured or to be secured by a mortgage, other than a
  residential mortgage loan, as defined in section five hundred ninety  of
  the  banking  law, or other incumbrance upon or transfer of real estate,
  or  is  engaged  in  the  business  of  a  tenant  relocator,  or   who,
  notwithstanding  any  other  provision of law, performs any of the above
  stated functions with respect to  the  resale  of  condominium  property
  originally  sold  pursuant to the provisions of the general business law
  governing real  estate  syndication  offerings.  In  the  sale  of  lots
  pursuant  to  the provisions of article nine-A of this chapter, the term
  "real  estate  broker"  shall  also  include  any  person,  partnership,
  association  or  corporation  employed  by  or on behalf of the owner or
  owners of lots or other parcels of real estate, at a stated  salary,  or
  upon  a  commission,  or  upon a salary and commission, or otherwise, to
  sell such real estate, or any parts thereof, in lots or  other  parcels,
  and  who  shall  sell  or  exchange,  or  offer  or  attempt or agree to
  negotiate the sale or exchange, of  any  such  lot  or  parcel  of  real
  estate.  For  purposes  of  this subdivision the term, "interest in real
  estate" shall include the sale of a business wherein the  value  of  the
  real estate transferred as part of the business is not merely incidental
  to the transaction, and shall not include the assignment of a lease, and
  further,  the  transaction itself is not otherwise subject to regulation
  under state or  federal  laws  governing  the  sale  of  securities.  In
  connection  with  the  sale  of a business the term "real estate broker"
  shall not include a person, firm or corporation registered  pursuant  to
  the  provisions of article twenty-three-A of the general business law or
  federal securities laws.
    2. "Associate real estate broker" means a licensed real estate  broker
  who  shall  by  choice  elect  to work under the name and supervision of
  another individual broker or another broker  who  is  licensed  under  a
  partnership,  trade name, limited liability company or corporation. Such
  individual shall retain his or her license as a real  estate  broker  as
  provided  for  in  this article; provided, however, that the practice of
  real estate sales and brokerage  by  such  individual  as  an  associate
  broker  shall  be governed exclusively by the provisions of this article
  as they pertain to real estate salesmen. Nothing contained herein  shall
  preclude  an individual who elects to be licensed as an associate broker
  from also retaining a separate real estate  broker's  license  under  an
  individual,  partnership,  trade  name,  limited  liability  company  or
  corporation.
    3. "Real estate salesman" means a person associated  with  a  licensed
  real  estate broker to list for sale, sell or offer for sale, at auction
  or otherwise, to buy or offer to buy or to  negotiate  the  purchase  or
  sale  or  exchange of real estate, or to negotiate a loan on real estate
  other than a mortgage loan as defined in section five hundred ninety  of
  the  banking  law,  or to lease or rent or offer to lease, rent or place
  for rent any real estate, or collects or offers or attempts  to  collect
  rent  for  the  use  of real estate for or in behalf of such real estate
  broker, or who, notwithstanding any other provision of law, performs any
  of  the  above  stated  functions  with  respect  to  the  resale  of  a

  condominium  property  originally sold pursuant to the provisions of the
  general business law governing real estate syndication offerings.
    4.   "Tenant   relocator"   means   any   person,  firm,  corporation,
  partnership, limited liability company or any legal  entity  whatsoever,
  which,  for  another  and  for  a  fee,  commission  or  other  valuable
  consideration, supervises, organizes, arranges, coordinates, handles  or
  is  otherwise  in  charge  of  or  responsible  for  the  relocation  of
  commercial or residential tenants from buildings or structures that  are
  to  be  demolished,  rehabilitated,  remodeled or otherwise structurally
  altered.
    5. "Association, associated; or associated with" whenever used in this
  article shall be deemed to make reference to a  salesman's  relationship
  with  his  or  her  broker.  Nothing  in this article shall be deemed or
  construed to be indicative or determinative of the legal relationship of
  a salesperson to a broker nor shall any provision  of  this  article  be
  deemed   or   construed   to   alter   or  otherwise  affect  the  legal
  responsibility of a real estate broker to third parties for the acts  of
  anyone associated with such broker pursuant to this article.
    6.  "Office manager" means a licensed associate real estate broker who
  shall by choice elect to work as an office manager under  the  name  and
  supervision  of  another  individual  broker  or  another  broker who is
  licensed under a partnership, trade name, limited liability  company  or
  corporation.  Such  individual shall retain his or her license as a real
  estate broker as provided for in this article; provided,  however,  that
  the practice of real estate sales and brokerage by such individual as an
  associate broker shall be governed exclusively by the provisions of this
  article  as  they  pertain to real estate salesmen. Nothing contained in
  this subdivision shall preclude an individual  who  is  licensed  as  an
  associate  broker  who  elects  to  work  as an office manager from also
  retaining a separate real estate broker's license under  an  individual,
  partnership, trade name, limited liability company or corporation.