Section 441-A. License and pocket card  


Latest version.
  • 1. The department of state, if
      satisfied of the competency and trustworthiness of the applicant,  shall
      issue  and  deliver  to  him  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 the case of a real
      estate salesman, the name and business address of the broker  with  whom
      the salesman is associated.
        2.  Terms.  A  license issued or reissued under the provisions of this
      article shall entitle  the  person,  co-partnership,  limited  liability
      company  or  corporation  to  act  as  a  real estate broker, or, if the
      application is for a real estate salesman's license, to act  as  a  real
      estate  salesman  in this state up to and including the thirty-first day
      of October of the year in which the license by its terms expires.
        3. Place of business; business  sign  required.  Except  as  otherwise
      provided  in  this  article, each licensed real estate broker shall have
      and maintain a definite place of business within this state,  and  shall
      conspicuously  post  on the outside of the building in which said office
      is conducted a sign of  a  sufficient  size  to  be  readable  from  the
      sidewalk  indicating  the  name  and  the business of the applicant as a
      licensed real estate broker, unless said office shall be located  in  an
      office,  apartment  or  hotel  building, in which event the name and the
      words "licensed real  estate  broker"  shall  be  posted  in  the  space
      provided  for  posting of names of occupants of the building, other than
      the mail box. Where the applicant for a  real  estate  broker's  license
      maintains  more  than  one place of business, the broker shall apply for
      and the department shall issue a supplemental license  for  each  branch
      office  so  maintained  upon payment to the department of state for each
      supplemental license so issued the same fee prescribed in  this  article
      for  a  license  to act as a real estate broker. Each such branch office
      shall be under the direct supervision of the broker to whom the  license
      is issued, or a representative broker of a corporation or partnership or
      manager  of  a limited liability company holding such license, or a duly
      appointed office manager. Such fee shall accompany such application  and
      shall be non-refundable. For purposes of this subdivision, the principal
      residence  of  a  real  estate  broker or salesman shall not be deemed a
      place of business solely because such  broker  or  salesman  shall  have
      included the residence telephone number in his business cards.
        4.  Display  of  license. The license of a real estate broker shall be
      conspicuously displayed in his principal place of business at all times.
      Licenses issued for branch  offices  shall  be  conspicuously  displayed
      therein. The display of a real estate broker's license, the term whereof
      has  expired,  by  any person, partnership, limited liability company or
      corporation not duly licensed as a real estate broker  for  the  current
      license term is prohibited.
        5.  Change  of  address.  Notice  in  writing  in  the manner and form
      prescribed by the department  shall  be  given  the  department  at  its
      offices in Albany by a licensed real estate broker on his own behalf and
      on  behalf  of each salesman associated with him of any change in his or
      its principal business address. The filing fee of ten dollars  for  each
      licensee  named  therein  shall  accompany such notice. Such change by a
      licensee without such notification shall operate to suspend his  license
      until such suspension shall be vacated by the department.
        6.  Pocket card. The department shall prepare, issue and deliver, with
      the assistance of the department of motor vehicles, to each  licensee  a
      pocket  card  in such form and manner as the department shall prescribe,
      but which shall contain the photo, name  and  business  address  of  the
      licensee,  and,  in  the  case  of  a real estate salesman, the name and
      business address of the broker with whom he or  she  is  associated  and
    
      shall  certify  that the person whose name appears thereon is a licensed
      real estate broker or salesman, as may be. Such cards must be  shown  on
      demand.  In  the  case  of loss, destruction or damage, the secretary of
      state  may,  upon  submission  of  satisfactory proof, issue a duplicate
      pocket card upon payment of a fee of ten dollars.
        7. License term. From and after the date when this  subdivision  shall
      take  effect,  the  term for which a license shall be issued or reissued
      under this article shall be a period of two years.
        8. Death of broker. A license issued to a real estate broker who  was,
      at  the time of his death, the sole proprietor of a brokerage office may
      be used  after  the  death  of  such  licensee  by  his  duly  appointed
      administrator  or  executor  in  the  name  of  the  estate  pursuant to
      authorization granted by the  surrogate  under  the  provisions  of  the
      surrogate's  court  procedure  act  for  a  period  of not more than one
      hundred twenty days from the date of death of such licensee in order  to
      complete   any   unfinished   realty  transactions  in  the  process  of
      negotiation by the broker or his salesmen existing prior to his decease.
      There shall be endorsed upon the face of the license, after the name  of
      the  decedent,  the  words "deceased", the date of death and the name of
      the administrator or executor under whose authority the license is being
      used. The period of  one  hundred  twenty  days  may  be  extended  upon
      application  to  the  secretary  of  state, for good cause shown, for an
      additional period not to exceed  one  hundred  twenty  days.  A  license
      expiring  during such period or extension shall be automatically renewed
      and continued in effect during such period or extension. No fee shall be
      charged for any such license or renewal thereof.
        9. Except for changes made on  a  renewal  application,  the  fee  for
      changing an address on a license shall be ten dollars.
        10.  Except  for  changes  made  on a renewal application, the fee for
      changing a name or for changing the status of  a  real  estate  broker's
      license  shall  be  one  hundred  fifty  dollars. The fee for changing a
      salesperson's name shall be fifty dollars.
        11. If a real estate salesperson shall leave the  service  of  a  real
      estate  broker,  the  real  estate  broker  shall  file a termination of
      association notice on such form as secretary may designate. The fee  for
      terminating  the  record  of  association  shall  be  ten  dollars.  The
      salesperson's license may be endorsed to a new  sponsoring  broker  upon
      the  establishment  of  a  new  record  of  association  filed  with the
      department of state. The fee for filing a record of association shall be
      ten dollars.
        12. Whenever any person licensed as  a  real  estate  broker  or  real
      estate  salesman is convicted in this state or elsewhere of a felony, of
      a sex offense, as defined in subdivision  two  of  section  one  hundred
      sixty-eight-a  of the correction law or any offense committed outside of
      this state which would constitute a sex offense, or a  sexually  violent
      offense,  as  defined  in  subdivision  three  of  section  one  hundred
      sixty-eight-a of the correction law or  any  offense  committed  outside
      this  state which would constitute a sexually violent offense, such real
      estate broker or real estate salesman shall  within  five  days  of  the
      imposition  of  sentence,  transmit  a certified copy of the judgment of
      conviction to the department of state.