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Assembly Bill A45

2011-2012 Legislative Session

Prohibits real estate brokers from providing legal advice or preparing legal documents in real estate matters unless such person is a New York state licensed attorney

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Archive: Last Bill Status - In Assembly Committee

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2011-A45 (ACTIVE) - Details

See Senate Version of this Bill:
S3473
Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add ยง440-c, RP L
Versions Introduced in 2009-2010 Legislative Session:
A9161, S7423

2011-A45 (ACTIVE) - Summary

Prohibits real estate brokers from providing legal advice or preparing legal documents in real estate matters unless such person is a New York state licensed attorney; warning for first offense, $1,000 fine for second offense, $5,000 fine for each subsequent offense.

2011-A45 (ACTIVE) - Bill Text download pdf 

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

                                   45

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
  tee on Judiciary

AN ACT to amend the real property law, in relation to  prohibiting  real
  estate  brokers  from  providing legal advice or preparing legal docu-
  ments in real estate matters unless such person is a  New  York  state
  licensed attorney

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

  Section 1. The real property law is amended by adding  a  new  section
440-c to read as follows:
  S  440-C. PROHIBITIONS ON THE PROVISION OF LEGAL ADVICE OR PREPARATION
OF LEGAL DOCUMENTS BY REAL ESTATE BROKERS.  1.  A  REAL  ESTATE  BROKER,
ASSOCIATE  REAL  ESTATE BROKER, REAL ESTATE SALESMAN OR ANY OTHER PERSON
DULY LICENSED TO SELL REAL ESTATE SHALL  BE  PROHIBITED  FROM  PROVIDING
LEGAL  ADVICE  OR  PREPARING  LEGAL  DOCUMENTS  FOR REAL ESTATE MATTERS,
UNLESS SUCH PERSON IS AN ATTORNEY LICENSED  IN  THE  STATE  PURSUANT  TO
ARTICLE FIFTEEN OF THE JUDICIARY LAW.
  2.  ANY  REAL ESTATE BROKER, ASSOCIATE REAL ESTATE BROKER, REAL ESTATE
SALESMAN OR ANY OTHER PERSON DULY LICENSED TO  SELL  REAL  ESTATE  SHALL
RECEIVE  A  WARNING  UPON THE FIRST VIOLATION OF SUBDIVISION ONE OF THIS
SECTION. A SECOND OFFENSE SHALL BE PUNISHABLE BY A FINE OF ONE  THOUSAND
DOLLARS  AND  EACH  SUBSEQUENT  OFFENSE SHALL BE PUNISHABLE BY A FINE OF
FIVE THOUSAND DOLLARS.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00304-01-1

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