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This entry was published on 2014-09-22
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SECTION 441-A
License and pocket card
Real Property (RPP) CHAPTER 50, ARTICLE 12-A
§ 441-a. License and pocket card. 1. The department of state, if
satisfied of the competency and trustworthiness of the applicant, shall
issue and deliver to him a license in such form and manner as the
department shall prescribe, but which must set forth the name and
principal business address of the licensee, and, in the case of a real
estate salesman, the name and business address of the broker with whom
the salesman is associated.

2. Terms. A license issued or reissued under the provisions of this
article shall entitle the person, co-partnership, limited liability
company or corporation to act as a real estate broker, or, if the
application is for a real estate salesman's license, to act as a real
estate salesman in this state up to and including the date in which the
license by its terms expires.

3. Place of business; business sign required. Except as otherwise
provided in this article, each licensed real estate broker shall have
and maintain a definite place of business within this state, and shall
conspicuously post on the outside of the building in which said office
is conducted a sign of a sufficient size to be readable from the
sidewalk indicating the name and the business of the applicant as a
licensed real estate broker, unless said office shall be located in an
office, apartment or hotel building, in which event the name and the
words "licensed real estate broker" shall be posted in the space
provided for posting of names of occupants of the building, other than
the mail box. Where the applicant for a real estate broker's license
maintains more than one place of business, the broker shall apply for
and the department shall issue a supplemental license for each branch
office so maintained upon payment to the department of state for each
supplemental license so issued the same fee prescribed in this article
for a license to act as a real estate broker. Each such branch office
shall be under the direct supervision of the broker to whom the license
is issued, or a representative broker of a corporation or partnership or
manager of a limited liability company holding such license, or a duly
appointed office manager. Such fee shall accompany such application and
shall be non-refundable. For purposes of this subdivision, the principal
residence of a real estate broker or salesman shall not be deemed a
place of business solely because such broker or salesman shall have
included the residence telephone number in his business cards.

4. Display of license. The license of a real estate broker shall be
conspicuously displayed in his principal place of business at all times.
Licenses issued for branch offices shall be conspicuously displayed
therein. The display of a real estate broker's license, the term whereof
has expired, by any person, partnership, limited liability company or
corporation not duly licensed as a real estate broker for the current
license term is prohibited.

5. Change of address. Notice in writing in the manner and form
prescribed by the department shall be given the department at its
offices in Albany by a licensed real estate broker on his own behalf and
on behalf of each salesman associated with him of any change in his or
its principal business address. The filing fee of ten dollars for each
licensee named therein shall accompany such notice. Such change by a
licensee without such notification shall operate to suspend his license
until such suspension shall be vacated by the department.

6. Pocket card. The department shall prepare, issue and deliver, with
the assistance of the department of motor vehicles, to each licensee a
pocket card in such form and manner as the department shall prescribe,
but which shall contain the photo, name and business address of the
licensee, and, in the case of a real estate salesman, the name and
business address of the broker with whom he or she is associated and
shall certify that the person whose name appears thereon is a licensed
real estate broker or salesman, as may be. Such cards must be shown on
demand. In the case of loss, destruction or damage, the secretary of
state may, upon submission of satisfactory proof, issue a duplicate
pocket card upon payment of a fee of ten dollars.

7. License term. From and after the date when this subdivision shall
take effect, the term for which a license shall be issued or reissued
under this article shall be a period of two years.

8. Death of broker. A license issued to a real estate broker who was,
at the time of his death, the sole proprietor of a brokerage office may
be used after the death of such licensee by his duly appointed
administrator or executor in the name of the estate pursuant to
authorization granted by the surrogate under the provisions of the
surrogate's court procedure act for a period of not more than one
hundred twenty days from the date of death of such licensee in order to
complete any unfinished realty transactions in the process of
negotiation by the broker or his salesmen existing prior to his decease.
There shall be endorsed upon the face of the license, after the name of
the decedent, the words "deceased", the date of death and the name of
the administrator or executor under whose authority the license is being
used. The period of one hundred twenty days may be extended upon
application to the secretary of state, for good cause shown, for an
additional period not to exceed one hundred twenty days. A license
expiring during such period or extension shall be automatically renewed
and continued in effect during such period or extension. No fee shall be
charged for any such license or renewal thereof.

9. Except for changes made on a renewal application, the fee for
changing an address on a license shall be ten dollars.

10. Except for changes made on a renewal application, the fee for
changing a name or for changing the status of a real estate broker's
license shall be one hundred fifty dollars. The fee for changing a
salesperson's name shall be fifty dollars.

11. If a real estate salesperson shall leave the service of a real
estate broker, the real estate broker shall file a termination of
association notice on such form as secretary may designate. The
salesperson's license may be endorsed to a new sponsoring broker upon
the establishment of a new record of association filed with the
department of state. The fee for filing a record of association shall be
twenty dollars.

12. Whenever any person licensed as a real estate broker or real
estate salesman is convicted in this state or elsewhere of a felony, of
a sex offense, as defined in subdivision two of section one hundred
sixty-eight-a of the correction law or any offense committed outside of
this state which would constitute a sex offense, or a sexually violent
offense, as defined in subdivision three of section one hundred
sixty-eight-a of the correction law or any offense committed outside
this state which would constitute a sexually violent offense, such real
estate broker or real estate salesman shall within five days of the
imposition of sentence, transmit a certified copy of the judgment of
conviction to the department of state.