2006 New York Code - License And Pocket Card.



 
    §  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 thirty-first day
  of October of the year 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. 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 to
  each licensee a pocket card in such form and manner  as  the  department
  shall  prescribe,  but which shall contain the 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 fee for
  terminating  the  record  of  association  shall  be  ten  dollars.  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
  ten dollars.

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