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Manhattan Real Estate Q&A: What are NY State real estate licensee titles?

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Real Estate Agent

Q: What are the titles, categories and responsibilities of real estate Licensure in New York State?

A: In New York, three categories of real estate license exist: real estate broker, associate broker, and salesperson.

In most cases, individuals first receive their licensure as salespersons unless they have experience in real estate prior to licensure than they may be able to obtain a broker or associate broker license without first becoming a salesperson.  After two years as a salesperson, along with a certain amount of transaction experience, additional education and passing another state exam a salesperson may apply for a broker license.

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A Real Estate Broker is any person, partnership, association, or corporation, who, for another, and for compensation, negotiates any form of real estate transaction. Real estate brokers supervise and are responsible for the activities of associate brokers and salespersons in their brokerage. 

An Associate Real Estate Broker is a licensed real estate broker who performs the acts as described for a broker, but chooses to work under the name and supervision of a licensed broker. The licensed broker may be an individual, a corporation, partnership, or trade-name organization. The requirements for Broker and Associate Broker are the same. An associate Broker can become a broker by changing their license to operate independently.

A Real Estate Salesperson is a person who performs any of the acts set forth in the definition of a real estate broker for compensation but does so only while associated with and supervised by a licensed broker. A salesperson can engage in the real estate business only when associated with and supervised by a broker.

These three titles, categories and responsibilities are the only titles given and recognized by The New York Department of State (DOS), Division of Licensing Services. Most of the law pertaining to salespersons and brokers is contained in Article 12-A of the Real Property Law.

The NY Department of State requires all licensees to include their NY State Licensed real estate title: Broker, Associate Broker or Salesperson on all business cards, marketing materials and web sites. Many licensees and Manhattan brokerages are in violation of this simple rule by not complying with their state license titles on their company web site profiles. 

DOS also requires that licensees must use the exact name as it appears on their license. Using Mitch Hall on marketing, cards, listings, profiles and web sites etc. would be a violation of DOS since Mitchell Hall appears on my Associate Broker licence.

There are many terms and words the public uses to identify real estate professionals. Brokerages often give out titles for production to salespersons and associate brokers. No other title or term is acceptable in the state of New York.

REALTOR® is not a title or category recognized by New York State. The term REALTOR® only identifies a member of a national trade association. While it may be used on cards and marketing, it can not be used alone in New York State to identify a real estate licensee. It is not a title or category. It may appear only with the state title, Licensed Broker, Licensed Associate Broker or Licensed  Salesperson. Company titles such as Vice President are not accepted either. They can be used but only in conjunction with the proper state license title.

 

courtesy of:

Mitchell Hall, Associate Broker, The Corcoran Group

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    Comments (4)

    Maggie Dokic /Indialantic | 321-252-8696
    Magdalena Dokic - Indialantic, FL
    Selling the beach in Florida's space coast

    Mitchell, I find it interesting seeing how other states do things.  Thanks for the informative post.  When I lived in New York, I wasn't into real estate so this is all news to me =).  In Florida we are allowed to use our nickname as long as we use our last name as registered with the state.  But I can see how a reall off the wall nickname would prevent a consumer from being able to verify a license.

    Jan 17, 2011 10:11 PM
    Mitchell J Hall
    Manhattan, NY
    Lic Associate RE Broker - Manhattan & Brooklyn

    Hi Maggie, For some agents it is a problem because they have been known by their nick name. I know an agent known as Dee, but on her license it's Claudia.

    Jan 18, 2011 03:53 PM
    Jark Krysinski *PREC (Personal Real Estate Corporation)
    REMAX CREST REALTY WESTSIDE - Vancouver, BC
    TeamYVR Team Leader, BA,ABR,IRES,IMSD,LLB

    Mitchell, thanks for the clarification.  I've heard that the term REALTOR(R) is being pushed by various organizatinos like NAR among others as "THE" title for the professionals who trade in real estate.  Let me know if that's not the case.  For the protection of the public, one would suppose that having a singular category would help dis-spell myths about the industry and it's confusion elements.  Best, Jark.

    Jan 25, 2011 05:26 PM
    Mitchell J Hall
    Manhattan, NY
    Lic Associate RE Broker - Manhattan & Brooklyn

    Hi Jark, The term REALTOR(R) refers to members of the national trade association NAR. There are no special skills, education or testing required to become a member of NAR. The only requirement is payment of a fee/dues. 

    Only the state of NY (DOS) can give licenses and titles for practicing real estate in New York State.

    In Manhattan the dominant real estate board is REBNY (The real estate board of NY) REBNY is not affiliated with NAR, or any REALTOR organization or any other national organization or association.

    REALTOR(R) is like the term TEAMSTERS it identifies members of a union or trade association but not the occupation. It is confusing to the public only because it has become a generic term used to identify any and all real estate professionals.

    In NY state there is only: NY State licensed real estate broker; NYS licensed Associate Broker and NYS licensed real estate salesperson.

    NY state Department of State (DOS) requires that one of the three state titles must be displayed on listings, marketing materials, website profiles and correspondence. Unfortunately many brokers and their agents are not in compliance with the state real estate laws.

    Jan 26, 2011 02:10 AM