§ 441-A — License and pocket card

§ 441-a. License and pocket card. 1. The department of state, if\nsatisfied of the competency and trustworthiness of the applicant, shall\nissue and deliver to them a license in such form and manner as the\ndepartment shall prescribe, but which must set forth the name and\nprincipal business address of the licensee, and, in the case of a real\nestate salesperson, the name and business address of the broker with\nwhom the salesperson is associated.\n 2. Terms. A license issued or reissued under the provisions of this\narticle shall entitle the person, co-partnership, limited liability\ncompany or corporation to act as a real estate broker, or, if the\napplication is for a real estate salesperson's license, to act as a real\nestate salesperson in this state up to and including the date in which\nthe license by its terms expires.\n 3. Place of business; business sign required. Except as otherwise\nprovided in this article, each licensed real estate broker shall have\nand maintain a definite place of business within this state, and shall\nconspicuously post on the outside of the building in which said office\nis conducted a sign of a sufficient size to be readable from the\nsidewalk indicating the name and the business of the applicant as a\nlicensed real estate broker, unless said office shall be located in an\noffice, apartment or hotel building, in which event the name and the\nwords "licensed real estate broker" shall be posted in the space\nprovided for posting of names of occupants of the building, other than\nthe mail box. Where the applicant for a real estate broker's license\nmaintains more than one place of business, the broker shall apply for\nand the department shall issue a supplemental license for each branch\noffice so maintained upon payment to the department of state for each\nsupplemental license so issued the same fee prescribed in this article\nfor a license to act as a real estate broker. Each such branch office\nshall be under the direct supervision of the broker to whom the license\nis issued, or a representative broker of a corporation or partnership or\nmanager of a limited liability company holding such license, or a duly\nappointed office manager. Such fee shall accompany such application and\nshall be non-refundable. For purposes of this subdivision, the principal\nresidence of a real estate broker or salesperson shall not be deemed a\nplace of business solely because such broker or salesperson shall have\nincluded the residence telephone number in their business cards.\n 4. Display of license. The license of a real estate broker shall be\nconspicuously displayed in his principal place of business at all times.\nLicenses issued for branch offices shall be conspicuously displayed\ntherein. The display of a real estate broker's license, the term whereof\nhas expired, by any person, partnership, limited liability company or\ncorporation not duly licensed as a real estate broker for the current\nlicense term is prohibited.\n 5. Change of address. Notice in writing in the manner and form\nprescribed by the department shall be given the department at its\noffices in Albany by a licensed real estate broker on their own behalf\nand on behalf of each salesperson associated with them of any change in\ntheir or its principal business address. The filing fee of ten dollars\nfor each licensee named therein shall accompany such notice. Such change\nby a licensee without such notification shall operate to suspend their\nlicense until such suspension shall be vacated by the department.\n 6. Pocket card. The department shall prepare, issue and deliver, with\nthe assistance of the department of motor vehicles, to each licensee a\npocket card in such form and manner as the department shall prescribe,\nbut which shall contain the photo, name and business address of the\nlicensee, and, in the case of a real estate salesperson, the name and\nbusiness address of the broker with whom they are associated and shall\ncertify that the person whose name appears thereon is a licensed real\nestate broker or salesperson, as may be. Such cards must be shown on\ndemand. In the case of loss, destruction or damage, the secretary of\nstate may, upon submission of satisfactory proof, issue a duplicate\npocket card upon payment of a fee of ten dollars.\n 7. License term. From and after the date when this subdivision shall\ntake effect, the term for which a license shall be issued or reissued\nunder this article shall be a period of two years.\n 8. Death of broker. A license issued to a real estate broker who was,\nat the time of their death, the sole proprietor of a brokerage office\nmay be used after the death of such licensee by their duly appointed\nadministrator or executor in the name of the estate pursuant to\nauthorization granted by the surrogate under the provisions of the\nsurrogate's court procedure act for a period of not more than one\nhundred twenty days from the date of death of such licensee in order to\ncomplete any unfinished realty transactions in the process of\nnegotiation by the broker or their salespersons existing prior to their\ndecease. There shall be endorsed upon the face of the license, after the\nname of the decedent, the words "deceased", the date of death and the\nname of the administrator or executor under whose authority the license\nis being used. The period of one hundred twenty days may be extended\nupon application to the secretary of state, for good cause shown, for an\nadditional period not to exceed one hundred twenty days. A license\nexpiring during such period or extension shall be automatically renewed\nand continued in effect during such period or extension. No fee shall be\ncharged for any such license or renewal thereof.\n 9. Except for changes made on a renewal application, the fee for\nchanging an address on a license shall be ten dollars.\n 10. Except for changes made on a renewal application, the fee for\nchanging a name or for changing the status of a real estate broker's\nlicense shall be one hundred fifty dollars. The fee for changing a\nsalesperson's name shall be fifty dollars.\n 11. If a real estate salesperson shall leave the service of a real\nestate broker, the real estate broker shall file a termination of\nassociation notice on such form as secretary may designate. The\nsalesperson's license may be endorsed to a new sponsoring broker upon\nthe establishment of a new record of association filed with the\ndepartment of state. The fee for filing a record of association shall be\ntwenty dollars.\n 12. Whenever any person licensed as a real estate broker or real\nestate salesperson is convicted in this state or elsewhere of a felony,\nof a sex offense, as defined in subdivision two of section one hundred\nsixty-eight-a of the correction law or any offense committed outside of\nthis state which would constitute a sex offense, or a sexually violent\noffense, as defined in subdivision three of section one hundred\nsixty-eight-a of the correction law or any offense committed outside\nthis state which would constitute a sexually violent offense, such real\nestate broker or real estate salesperson shall within five days of the\nimposition of sentence, transmit a certified copy of the judgment of\nconviction to the department of state.\n