NY State Senate Bill 2013-S5508B

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to judiciary
Jun 10, 2013	print number 5508b
Jun 10, 2013	amend and recommit to judiciary
May 31, 2013	print number 5508a
May 31, 2013	amend and recommit to judiciary
May 16, 2013	referred to judiciary

Bill Amendments

Original

B (Active)

2013-S5508 - Details

See Assembly Version of this Bill:: A7840
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Amd §440, add §440-c, RP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3318
2017-2018: S3537
2019-2020: S395
2021-2022: S4503
2023-2024: S3076
2025-2026: S3731

2013-S5508 - Summary

Requires real estate teams to be registered with the department of state.

2013-S5508 - Sponsor Memo

                                BILL NUMBER:S5508

TITLE OF BILL:  An act to amend the real property law, in relation to
defining real estate team and requiring the registration of real
estate teams

PURPOSE OR GENERAL IDEA OF BILL:

To require registration of real estate "Teams" by the supervising
broker with the Department of State.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends Section 440 of the real property law to define
"Team."

Section 2. Amends Article 12-A of the real property law by adding a
new section 440-C which will require duly licensed real estate
brokers, associate brokers or salespersons desiring to act as a real
estate "team" to have the real estate broker with whom they are
associated, file with the NYS Department of State, an application for
the registration of the team. The section will also clarify that no
additional powers are given to team members per the registration and
supervision of the team remains the responsibility of the broker.

JUSTIFICATION:

"Teams" have become a popular form of practice among real estate
professionals in recent years. Teams offer a new form of customer
service and are a consumer-friendly, positive development in the real
estate profession. There currently exists no regulations or
requirements for the reporting of teams to the State. The purpose of
this legislation is to provide accountability and transparency to
consumers regarding who the responsible, supervising broker of record
is for each "team" by requiring brokers to register teams associated
with their brokerage with the Department of State.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.  Effective immediately, the
Secretary of State shall promulgate necessary and advisable rules and
regulations for the implementation of this act.

2013-S5508 - Bill Text download pdf

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

                                  5508

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- 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  defining  real
  estate team and requiring the registration of real estate teams

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

  Section 1. Section 440 of the real property law is amended by adding a
new subdivision 7 to read as follows:
  7. "TEAM" MEANS TWO OR MORE PERSONS, ONE OF WHOM MUST BE A REAL ESTATE
BROKER, ASSOCIATE REAL ESTATE BROKER OR REAL ESTATE SALESPERSON, WHO ARE
ASSOCIATED WITH THE SAME REAL ESTATE BROKERAGE AND  WHO  REGISTER  THEM-
SELVES AS A TEAM PURSUANT TO THIS ARTICLE.
  S 2. The real property law is amended by adding a new section 440-c to
read as follows:
  S  440-C.  REAL  ESTATE TEAMS; REGISTRATION. 1. ANY DULY LICENSED REAL
ESTATE BROKER, ASSOCIATE BROKER OR SALES PERSON DESIRING  TO  ACT  AS  A
REAL  ESTATE  TEAM  SHALL HAVE THE REAL ESTATE BROKER WITH WHOM THEY ARE
ASSOCIATED FILE, WITH THE DEPARTMENT OF STATE AT ITS OFFICE  IN  ALBANY,
AN APPLICATION FOR THE REGISTRATION OF THE TEAM.
  SUCH  APPLICATION  SHALL BE IN SUCH FORM AND DETAIL AS SUCH DEPARTMENT
SHALL PRESCRIBE INCLUDING:
  (A) THE FULL TEAM NAME AND ADDRESS OF THE OFFICE WHERE THE  TEAM  WILL
OPERATE; AND
  (B)  THE  NAMES AND LICENSE NUMBERS OF THE LICENSED INDIVIDUALS REGIS-
TERING THE TEAM NAME.
  2. TEAMS SHALL NOT BE LICENSED ENTITIES AND AS  SUCH,  ARE  PROHIBITED
FROM  PERFORMING ANY ACTIVITY REQUIRING A LICENSE PURSUANT TO THIS ARTI-
CLE.  TEAMS ARE PROHIBITED FROM ENTERING INTO AGREEMENTS WITH  CONSUMERS
AND  EACH  TEAM  MEMBER  CAN ONLY ACT AS A REAL ESTATE BROKER, ASSOCIATE
BROKER OR SALESPERSON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11016-02-3

S. 5508                             2

  3. REGISTRATION OF A TEAM DOES NOT CONFER  ANY  ADDITIONAL  RIGHTS  OR
STATUS TO THE TEAM OR ANY MEMBER OF THE TEAM.
  4.  THE  SUPERVISION  OF TEAM MEMBERS BY A LICENSED REAL ESTATE BROKER
SHALL CONSIST OF REGULAR, FREQUENT  AND  CONSISTENT  PERSONAL  GUIDANCE,
INSTRUCTION,  OVERSIGHT  AND  SUPERINTENDENCE  BY THE REAL ESTATE BROKER
WITH RESPECT TO THE GENERAL REAL ESTATE BROKERAGE BUSINESS CONDUCTED  BY
THE TEAM, AND ALL MATTERS RELATING THERETO.
  5.  A  REGISTERED REAL ESTATE TEAM MAY BE TERMINATED BY THE ASSOCIATED
REAL ESTATE BROKER WHO SHALL FILE A TERMINATION OF  REGISTRATION  NOTICE
ON  SUCH FORM AS THE SECRETARY OF STATE MAY DESIGNATE. THERE SHALL BE NO
FEE FOR TERMINATING A TEAM REGISTRATION.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law. Provided, however,
that effective immediately, the secretary of  state  is  authorized  and
directed  to promulgate any rules and regulations necessary to implement
the provisions of this act on its effective date on or before such date.

2013-S5508A - Details

See Assembly Version of this Bill:: A7840
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Amd §440, add §440-c, RP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3318
2017-2018: S3537
2019-2020: S395
2021-2022: S4503
2023-2024: S3076
2025-2026: S3731

2013-S5508A - Summary

Requires real estate teams to be registered with the department of state.

2013-S5508A - Sponsor Memo

2013-S5508A - Bill Text download pdf

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

                                 5508--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  real property law, in relation to defining real
  estate team and requiring the registration of real estate teams

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

  Section 1. Section 440 of the real property law is amended by adding a
new subdivision 7 to read as follows:
  7. "TEAM" MEANS TWO OR MORE PERSONS, ONE OF WHOM MUST BE A REAL ESTATE
BROKER, ASSOCIATE REAL ESTATE BROKER OR REAL ESTATE SALESPERSON, WHO ARE
ASSOCIATED  WITH  THE  SAME REAL ESTATE BROKERAGE AND WHO REGISTER THEM-
SELVES AS A TEAM PURSUANT TO THIS ARTICLE.
  S 2. The real property law is amended by adding a new section 440-c to
read as follows:
  S 440-C. REAL ESTATE TEAMS; REGISTRATION. 1. ANY  DULY  LICENSED  REAL
ESTATE BROKER, ASSOCIATE BROKER OR SALESPERSON DESIRING TO ACT AS A REAL
ESTATE TEAM SHALL HAVE THE REAL ESTATE BROKER WITH WHOM THEY ARE ASSOCI-
ATED  FILE,  WITH  THE  DEPARTMENT  OF STATE AT ITS OFFICE IN ALBANY, AN
APPLICATION FOR THE REGISTRATION OF THE TEAM NAME.
  SUCH APPLICATION SHALL BE IN SUCH FORM AND DETAIL AS  SUCH  DEPARTMENT
SHALL PRESCRIBE INCLUDING:
  (A)  THE  FULL TEAM NAME AND ADDRESS OF THE OFFICE WHERE THE TEAM WILL
OPERATE; AND
  (B) THE NAME OR NAMES AND LICENSE NUMBER OR NUMBERS  OF  THE  LICENSED
INDIVIDUAL OR INDIVIDUALS COMPRISING THE TEAM NAME.
  2.  TEAM NAMES SHALL EITHER:
  (A)  INCLUDE THE FULL LICENSED NAME OF AT LEAST ONE OF THE REAL ESTATE
BROKER OR BROKERS, ASSOCIATE BROKER OR BROKERS OR REAL ESTATE  SALESPER-
SON OR SALESPERSONS THAT ARE PART OF SUCH TEAM; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11016-03-3

S. 5508--A                          2

  (B) IF SUCH A NAME IS NOT INCLUDED, THE TEAM NAME SHALL BE IMMEDIATELY
FOLLOWED BY "AT/OF (FULL NAME OF REAL ESTATE BROKER/BROKERAGE)".
  ALL  TEAM  NAMES  SHALL USE THE TERM "TEAM". THE USE OF ANY OTHER TERM
BESIDES "TEAM" INCLUDING, BUT NOT LIMITED TO  "ASSOCIATE",  "REALTY"  OR
"GROUP"  IS  PROHIBITED.  THE  USE  OF THE NAME OF ANY PERSON WHO IS NOT
LICENSED PURSUANT TO THIS ARTICLE IN A TEAM NAME IS PROHIBITED.
  3.  TEAMS SHALL NOT BE LICENSED ENTITIES AND AS SUCH,  ARE  PROHIBITED
FROM  PERFORMING ANY ACTIVITY REQUIRING A LICENSE PURSUANT TO THIS ARTI-
CLE.  TEAMS ARE PROHIBITED FROM ENTERING INTO AGREEMENTS WITH  CONSUMERS
AND  EACH  TEAM  MEMBER  CAN ONLY ACT AS A REAL ESTATE BROKER, ASSOCIATE
BROKER OR SALESPERSON.
  4. REGISTRATION OF A TEAM NAME DOES NOT CONFER ANY  ADDITIONAL  RIGHTS
OR STATUS TO THE TEAM OR ANY MEMBER OF THE TEAM.
  5.  THE  SUPERVISION  OF TEAM MEMBERS BY A LICENSED REAL ESTATE BROKER
SHALL CONSIST OF REGULAR, FREQUENT  AND  CONSISTENT  PERSONAL  GUIDANCE,
INSTRUCTION,  OVERSIGHT  AND  SUPERINTENDENCE  BY THE REAL ESTATE BROKER
WITH RESPECT TO THE GENERAL REAL ESTATE BROKERAGE BUSINESS CONDUCTED  BY
THE TEAM, AND ALL MATTERS RELATING THERETO.
  6.  A  REAL ESTATE BROKER MAY CANCEL A REGISTERED ESTATE TEAM NAME OR,
UPON REQUEST BY THE LICENSED INDIVIDUAL  OR  INDIVIDUALS  REGISTERED  AS
MEMBERS  OF  A TEAM PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION, A REGISTERED REAL ESTATE TEAM NAME SHALL BE  CANCELLED  BY  THE
ASSOCIATED REAL ESTATE BROKER WHO SHALL FILE A CANCELLATION OF REGISTRA-
TION  NOTICE ON SUCH FORM AS THE SECRETARY OF STATE MAY DESIGNATE. THERE
SHALL BE NO FEE FOR CANCELLING A TEAM NAME REGISTRATION.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law. Provided, however,
that effective immediately, the secretary of  state  is  authorized  and
directed  to promulgate any rules and regulations necessary to implement
the provisions of this act on its effective date on or before such date.

co-Sponsors

2013-S5508B (ACTIVE) - Details

See Assembly Version of this Bill:: A7840
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Amd §440, add §440-c, RP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3318
2017-2018: S3537
2019-2020: S395
2021-2022: S4503
2023-2024: S3076
2025-2026: S3731

2013-S5508B (ACTIVE) - Summary

Requires real estate teams to be registered with the department of state.

2013-S5508B (ACTIVE) - Sponsor Memo

2013-S5508B (ACTIVE) - Bill Text download pdf

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

                                 5508--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the real property law,  in  relation  to  defining  real
  estate team and requiring the registration of real estate teams

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

  Section 1. Section 440 of the real property law is amended by adding a
new subdivision 7 to read as follows:
  7. "TEAM" MEANS TWO OR MORE PERSONS, ONE OF WHOM MUST BE A REAL ESTATE
BROKER, ASSOCIATE REAL ESTATE BROKER OR REAL ESTATE SALESPERSON, WHO ARE
ASSOCIATED WITH THE SAME REAL ESTATE BROKERAGE AND  WHO  REGISTER  THEM-
SELVES AS A TEAM PURSUANT TO THIS ARTICLE.
  S 2. The real property law is amended by adding a new section 440-c to
read as follows:
  S  440-C.  REAL  ESTATE TEAMS; REGISTRATION. 1. ANY DULY LICENSED REAL
ESTATE BROKER, ASSOCIATE BROKER OR SALESPERSON DESIRING TO ACT AS A REAL
ESTATE TEAM SHALL HAVE THE REAL ESTATE BROKER WITH WHOM THEY ARE ASSOCI-
ATED FILE, WITH THE DEPARTMENT OF STATE AT  ITS  OFFICE  IN  ALBANY,  AN
APPLICATION FOR THE REGISTRATION OF THE TEAM NAME.
  SUCH  APPLICATION  SHALL BE IN SUCH FORM AND DETAIL AS SUCH DEPARTMENT
SHALL PRESCRIBE INCLUDING:
  (A) THE FULL TEAM NAME AND ADDRESS OF THE OFFICE WHERE THE  TEAM  WILL
OPERATE; AND
  (B)  THE  NAME  OR NAMES AND LICENSE NUMBER OR NUMBERS OF THE LICENSED
INDIVIDUAL OR INDIVIDUALS COMPRISING THE TEAM NAME.
  2.  TEAM NAMES SHALL EITHER:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11016-06-3

S. 5508--B                          2

  (A) INCLUDE THE FULL LICENSED NAME OF AT LEAST ONE OF THE REAL  ESTATE
BROKER  OR BROKERS, ASSOCIATE BROKER OR BROKERS OR REAL ESTATE SALESPER-
SON OR SALESPERSONS THAT ARE PART OF SUCH TEAM; OR
  (B) IF SUCH A NAME IS NOT INCLUDED, THE TEAM NAME SHALL BE IMMEDIATELY
FOLLOWED BY "AT/OF (FULL NAME OF REAL ESTATE BROKER/BROKERAGE)".
  ALL  TEAM  NAMES  SHALL USE THE TERM "TEAM". THE USE OF ANY OTHER TERM
BESIDES "TEAM" INCLUDING, BUT NOT LIMITED TO  "ASSOCIATE",  "REALTY"  OR
"GROUP"  IS  PROHIBITED.  THE  USE  OF THE NAME OF ANY PERSON WHO IS NOT
LICENSED PURSUANT TO THIS ARTICLE IN A TEAM NAME IS PROHIBITED.
  3.  TEAMS SHALL NOT BE LICENSED ENTITIES AND AS SUCH,  ARE  PROHIBITED
FROM  PERFORMING ANY ACTIVITY REQUIRING A LICENSE PURSUANT TO THIS ARTI-
CLE.  TEAMS ARE PROHIBITED FROM ENTERING INTO AGREEMENTS WITH  CONSUMERS
AND  EACH  TEAM  MEMBER  CAN ONLY ACT AS A REAL ESTATE BROKER, ASSOCIATE
BROKER OR SALESPERSON.
  4. REGISTRATION OF A TEAM NAME DOES NOT CONFER ANY  ADDITIONAL  RIGHTS
OR STATUS TO THE TEAM OR ANY MEMBER OF THE TEAM.
  5.  THE  SUPERVISION  OF TEAM MEMBERS BY A LICENSED REAL ESTATE BROKER
SHALL CONSIST OF REGULAR, FREQUENT  AND  CONSISTENT  PERSONAL  GUIDANCE,
INSTRUCTION,  OVERSIGHT  AND  SUPERINTENDENCE  BY THE REAL ESTATE BROKER
WITH RESPECT TO THE GENERAL REAL ESTATE BROKERAGE BUSINESS CONDUCTED  BY
THE TEAM, AND ALL MATTERS RELATING THERETO.
  6.  A REAL ESTATE BROKER MAY CANCEL A REGISTERED REAL ESTATE TEAM NAME
OR, UPON REQUEST BY THE LICENSED INDIVIDUAL OR INDIVIDUALS REGISTERED AS
MEMBERS OF A TEAM PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE  OF  THIS
SECTION,  A  REGISTERED  REAL ESTATE TEAM NAME SHALL BE CANCELLED BY THE
ASSOCIATED REAL ESTATE BROKER WHO SHALL FILE A CANCELLATION OF REGISTRA-
TION NOTICE ON SUCH FORM AS THE SECRETARY OF STATE MAY DESIGNATE.  THERE
SHALL BE NO FEE FOR CANCELLING A TEAM NAME REGISTRATION.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law.  Provided,  however,
that  effective  immediately,  the  secretary of state is authorized and
directed to promulgate any rules and regulations necessary to  implement
the provisions of this act on its effective date on or before such date.

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Senate Bill S5508B

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

2013-S5508 - Details

2013-S5508 - Summary

2013-S5508 - Sponsor Memo

2013-S5508 - Bill Text download pdf

2013-S5508A - Details

2013-S5508A - Summary

2013-S5508A - Sponsor Memo

2013-S5508A - Bill Text download pdf

co-Sponsors

2013-S5508B (ACTIVE) - Details

2013-S5508B (ACTIVE) - Summary

2013-S5508B (ACTIVE) - Sponsor Memo

2013-S5508B (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S5508B

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

2013-S5508 - Details

2013-S5508 - Summary

2013-S5508 - Sponsor Memo

2013-S5508 - Bill Text download pdf

2013-S5508A - Details

2013-S5508A - Summary

2013-S5508A - Sponsor Memo

2013-S5508A - Bill Text download pdf

co-Sponsors

David J. Valesky

2013-S5508B (ACTIVE) - Details

2013-S5508B (ACTIVE) - Summary

2013-S5508B (ACTIVE) - Sponsor Memo

2013-S5508B (ACTIVE) - Bill Text download pdf

Comments