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Assembly Bill A9350

2011-2012 Legislative Session

Requires real estate brokers to sign certain documents regarding leases and rentals of real estate or interests in real estate

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Archive: Last Bill Status - In Assembly Committee

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2011-A9350 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd ยง442-k, RP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4217
2015-2016: A4222
2017-2018: A3323

2011-A9350 (ACTIVE) - Summary

Requires the secretary of state to promulgate rules requiring real estate brokers to sign certain documents regarding leases and rentals of real estate or interests in real estate.

2011-A9350 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9350

                          I N  A S S E M B L Y

                            February 22, 2012
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the real property law,  in  relation  to  requiring  the
  secretary  of  state to promulgate rules requiring real estate brokers
  to sign certain documents regarding leases and rentals of real  estate
  or interests in real estate

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 442-k of the real property law, as
added by chapter 248 of the laws of 1995, is amended to read as follows:
  1. (A) The state real estate board shall have the power to  promulgate
rules  or  regulations  affecting  brokers and sales persons in order to
administer and effectuate the purposes  of  this  article,  except  that
matters  pertaining  to  commingling  money  of  a  principal, rendering
accounts for a client, managing property for a client, broker's purchase
of property listed with him or her, inducing breach of contract of  sale
or  lease, and records of transactions to be maintained are reserved for
the exclusive regulatory authority of the secretary of state.
  (B) The secretary of state, and not the state real estate board, shall
promulgate  rules  and  regulations  to  administer  or  implement   the
provisions  of  sections  four hundred forty-one and four hundred forty-
two-h of this article.
  [In addition, the] (C) THE secretary of  state  shall  have  exclusive
regulatory  authority  to  promulgate  rules  regarding  the  duties and
responsibilities of real estate brokers and salespersons with regard  to
the handling of clients' funds.
  (D)  THE  SECRETARY  OF  STATE  SHALL  PROMULGATE RULES OR REGULATIONS
REQUIRING EVERY DOCUMENT REGARDING THE LEASE OR RENTAL OF A REAL  ESTATE
OR  AN  INTEREST  IN REAL ESTATE, WHICH REQUIRES THE SIGNATURE OF A REAL
ESTATE SALESPERSON, TO INCLUDE THE SIGNATURE OF THE REAL  ESTATE  BROKER
ASSOCIATED WITH SUCH SALESPERSON.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14681-01-2

              

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