S T A T E O F N E W Y O R K
________________________________________________________________________
6911
I N S E N A T E
April 11, 2012
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed 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 every real estate
salesperson and real estate broker involved in or present during a
real estate transaction to include his or her license number and
signature on every document requiring a signature
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 REAL ESTATE SALESPERSON AND/OR REAL ESTATE BROKER
INVOLVED IN OR PRESENT DURING A REAL ESTATE TRANSACTION TO EACH LEGIBLY
SIGN AND INCLUDE HIS OR HER LICENSE NUMBER ON EVERY DOCUMENT REQUIRING A
SIGNATURE OF SUCH SALESPERSON OR BROKER IN SUCH TRANSACTION.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14672-03-2