senate Bill S2156

2021-2022 Legislative Session

Relates to the duty of real estate brokers to supervise salesmen and associate brokers

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to judiciary
Jan 20, 2021 referred to judiciary

Co-Sponsors

S2156 (ACTIVE) - Details

See Assembly Version of this Bill:
A9740
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §442-c, RP L
Versions Introduced in 2023-2024 Legislative Session:
S411

S2156 (ACTIVE) - Summary

Codifies the duty of real estate brokers to supervise salesmen and associate brokers through regular, frequent and consistent personal guidance, instruction and oversight; lists elements of supervision including the ability to familiarize salesmen with state and federal laws against discrimination.

S2156 (ACTIVE) - Sponsor Memo

S2156 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2156
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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  the  duty  of  a
   licensed real estate broker to supervise real estate salesmen
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 442-c of the real property law, as amended by chap-
 ter 699 of the laws of 1988, is amended to read as follows:
   § 442-c. Violations by salesmen; DUTY TO SUPERVISE; broker's responsi-
 bility. 1. A LICENSED REAL ESTATE BROKER SHALL HAVE A DUTY  TO  EXERCISE
 REASONABLE  AND ADEQUATE SUPERVISION OVER REAL ESTATE SALESMEN AND ASSO-
 CIATE REAL ESTATE  BROKERS  THROUGH  REGULAR,  FREQUENT  AND  CONSISTENT
 PERSONAL  GUIDANCE,  INSTRUCTION  AND OVERSIGHT. REASONABLE AND ADEQUATE
 SUPERVISION SHALL ALSO BE DETERMINED BY: THE AVAILABILITY OF THE  SUPER-
 VISING  BROKER  TO  ALL  SALESMEN AND ASSOCIATE BROKERS UNDER THE SUPER-
 VISION OF THE BROKER TO REVIEW AND APPROVE ALL DOCUMENTS;  THE  DISTANCE
 BETWEEN  THE  SUPERVISING  BROKER'S MAIN LOCATION AND ALL BRANCH OFFICES
 WITH SALESMEN AND ASSOCIATE BROKERS THE SUPERVISING BROKER OVERSEES; AND
 THE ABILITY OF THE BROKER TO FAMILIARIZE SALESMEN AND ASSOCIATE  BROKERS
 WITH  THE  REQUIREMENTS  OF  FEDERAL AND STATE LAW GOVERNING REAL ESTATE
 TRANSACTIONS,  INCLUDING,  WITHOUT  LIMITATION,   PROHIBITIONS   AGAINST
 DISCRIMINATION.
   2. No violation of a provision of this article by a real estate sales-
 man  or employee of a real estate broker shall be deemed to be cause for
 the revocation or suspension of the license of  the  broker,  unless  it
 shall  appear that the broker had actual knowledge of such violation, OR
 FAILED TO EXERCISE REASONABLE AND ADEQUATE  SUPERVISION  OVER  THE  REAL
 ESTATE  SALESMAN OR ASSOCIATE BROKER or retains the benefits, profits or
 proceeds of a transaction wrongfully negotiated by his salesman, ASSOCI-
 ATE BROKER  or  employee  after  notice  of  the  salesman's,  ASSOCIATE
 BROKER'S  or employee's misconduct. A broker shall be guilty of a misde-
 meanor for having any salesman associated with  his  firm  who  has  not
 secured the required license authorizing such employment.
   § 2. This act shall take effect immediately.

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