Requirements
for a New York Real Estate Brokers License
The License Professor is pleased to provide the following accredited New York Real Estate License courses:
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Please
take the time to read the instructions carefully before
beginning the application form. Incomplete forms will be
returned, delaying licensure. Any omission, inaccuracy
or failure to make full disclosure in an application may
be deemed sufficient reason to deny a license or could
result in the suspension or revocation, if one is issued.
A
completed application will include the two-page application
form; the $150 application fee; and appropriate documentation
as it applies.
What
types of real estate broker licenses can I apply for?
Individual
Broker (Class 35): An individual broker is issued a license
to do business using his/her personal name only. An individual
broker may add the words "Licensed Real Estate Broker" after
the personal name for use on signage, business cards, etc.
Use of any term(s) other than "Licensed Real Estate
Broker" is prohibited for this type of license. An
individual broker license does not allow you to present
yourself as being associated with any firm or company in
a real estate transaction.
Associate
Broker (Class 30): An associate broker is a licensed broker
who shall by choice elect to work under the name and supervision
of another licensed individual broker or another broker
who is licensed to do business as an individual, partnership,
corporation or trade name. An associate broker shall retain
his or her license as a real estate broker provided, however,
that the practice of real estate sales and brokerage by
such individual shall be governed exclusively by the provisions
of Article 12-A as they pertain to real estate salespersons.
Individuals applying for an Associate Broker's license
must have the supervising broker sign the association statement
on Page 5.
Trade
Name Broker (Class 37): A trade name broker conducts business
as a sole proprietorship, doing business as a name other
than his/her personal name. This requires that a business
certificate be filed with the Office of the County Clerk
where the business is located. A copy of the business certificate
must be submitted with this application.
Partnership
Broker (Class 33): A partner or partners in a partnership
may apply for a real estate broker license to conduct business
under the partnership name. Any partner who wishes to engage
in the business of real estate brokerage must be licensed
as a real estate broker. Each partner who wishes to be
licensed as a real estate broker must file an application
and fee. A partnership certificate must be filed in the
Office of the County Clerk in the county where the business
is located and a copy of that certificate must be filed
with this application.
Corporate
Broker (Class 31): An officer of a corporation may be issued
a license to conduct business as a real estate brokerage
under the corporate name. Applicants must be an officer
prior to licensing. New Corporations Only: a copy of the
corporate filing receipt must be submitted with this application.
Limited
Liability Company or Limited Liability Partnership (Class
49): A member or manager of the limited liability company
or limited liability partnership, who meets the qualifications
for licensure, may be issued a license to conduct real
estate brokerage under the limited liability company or
limited liability partnership name. Applicants must be
a member or manager prior to licensing. New Limited Liability
Companies Only: A copy of the articles of organization
filed with the Division of Corporations or the filing receipt
must be submitted with this application.
General
Business Information
Whenever
there is a change of broker and/or address, the appropriate
form must be submitted within five days to the Department
of State, 84 Holland Avenue, Albany, NY 12208. The Department
does not acknowledge the change unless there is a problem.
Appropriate forms are available at all district offices
of the Department and are furnished upon request. Brokers
are urged to obtain supplies of these forms. You may order
forms through our forms fax line 518-473-6648 or by calling
518-474-4429.
Change
of Broker: The former broker returns the license to the
salesperson and at the same time sends a Termination of
Association form to the Department. A $10 fee is required.
The salesperson then gives the license to the new broker.
The new broker sends the Department a Salesperson Change
of Association form with the $10 fee.
After
the new broker sends the required form and fee, the salesperson
then makes the necessary changes on the license by crossing
out the former information and in its place printing in
the number, name and address of the new broker. The salesperson
then makes the same changes on the pocket card.
The
new broker retains the license and the salesperson retains
the pocket card.
Termination
of Salesperson: When a salesperson is terminated, the broker
should return the salesperson's license to him or her,
and forward a Termination of Association form to the Department
with the required $10 fee.
Change
of Address: The broker crosses out the old address and
places the new address on the license of all salespersons
and sends the Department of State all the necessary Broker
Change of Address and Salesperson Change of Address forms,
each with the required $10 fee. Each salesperson then corrects
the address on his or her pocket card to reflect the new
address.
How
do I apply for licensure?
First
Time Applicants: You may apply for a real estate broker
license based on Experience, Education and Exam, or Reciprocity,or
by virtue of being an Attorney who is currently a member
of the New York State bar.
Experience:
You must have at least one year of experience as a licensed
real estate salesperson or at least two years of experience
in the general real estate field (i.e., buying and selling
your own property, managing property owned by your employer,
etc.) You may apply with a combination of these types of
experience (see Attachment B). You must submit:
1.
a completed application with application fee;
2.
an original passed examination slip (application must be
made within two years of examination; failure to do so
invalidates the results of the examination);
3.
proof, in the form of original school certificates bearing
the raised school seal, of 90 hours of approved qualifying
course work (the certificates issued by the school must
state "approved by the Secretary of State in accordance
with the provisions of Chapter 868 of the Laws of 1977");
No
credit will be given for illegally gained experience.
Reciprocity:
New York State has a reciprocal agreement with several
states. If you are currently licensed as a real estate
broker in a state with which New York has an agreement,
you may apply for a New York State real estate broker license
based on reciprocity. You must submit:
1.
a completed application with application fee;
2.
a current certificate from the state agency where you are
currently licensed indicating current status as a real
estate broker in good standing (A copy of a current license
is not acceptable);
3.
a completed certificate of irrevocable consent.Attorneys
who are currently members of the New York State bar are
exempt from the educational and experience requirements.
Submit a completed application and fee, indicating on the
application that you are currently a member of the bar.
Business
Names: All business names must be cleared by the Division
of Licensing prior to filing this application and prior
to filing a business certificate (D/B/A) or certificate
of incorporation. If you are considering using a new business
name or if you have an established business that you wish
to license as a real estate brokerage, you must submit
that name, in writing, to the Division to be checked for
availability. Name availability checks cannot be done over
the telephone. Upon receiving clearance for the name you
wish to use, you may file a business certificate or certificate
of incorporation. A copy of your business certificate or
corporate filing receipt must be submitted with your application.
Business
Address: All applicants must list the address at which
they will be conducting business as a real estate broker.
Sole use of a post office box number as a business address
is prohibited. If the business address listed on your application
is outside the State of New York you must file an "Irrevocable
Consent" form with this application. If needed, you
may request a form from our Customer Service Unit at (518)
474-4429. (Please Note: It is important you notify this
division of any change in your business address so you
continue to receive renewal notices and other notifications
pertinent to your license.)
Additional
Licenses: You may hold more than one real estate broker
license at the same time. You must submit an application
and $150 fee for each license you wish to be issued. If
you wish to maintain only one license but want to change
the type of license you have, return your existing license
and pocket card with application and fee for a new license.
Education
and Experience
Education:
If
you are applying for a real estate broker license based
on education and experience, you must submit the original
school certificates bearing the raised seal for both the
qualifying salesperson and broker courses.
If
you are currently licensed as a real estate salesperson
in New York and your salesperson qualifying course certificate
is on file with the Department of State, you need only
submit a school certificate for the broker qualifying course.
If
you have taken out-of-state, prelicensing coursework which
may be equivalent or completed a degree program with a
major in real estate, you may apply for a waiver of the
qualifying course requirement. To apply for a waiver, submit
an original school transcript showing completion of the
course(s) you feel may be applicable. Also, submit a course
description that details the contents of the course(s)
you completed. Both the description and the transcript
should be available from the school where you took the
course(s). Send these, along with a letter requesting a
waiver of the qualifying education requirement to:
Department
of State
Division of Licensing
Bureau of Educational Standards
84 Holland Avenue
Albany, NY 12208-3490
Experience:You
must meet one of the following experience requirements
to be eligible for licensure as a real estate broker. To
assure consistency and fairness in evaluating your qualifying
experience, the Department of State will utilize a point
system which takes into consideration the amount and type
of qualifying activities performed and assigns a weighted
value to each function. Determine which type of experience
you will be claiming from the chart below and fill out
the corresponding experience supplement (A, B or C).
If
You Are Using You must accumulate a
minimum of: Use
Experience
Supplement:
Standard 1:
Licensed Real Estate Salesperson
At least one year of full time, active participation as a licensed real estate
salesperson under the supervision of a licensed real estate broker. Full time
is defined as 35 hours per week for 50 weeks. 1750 Points A
Standard 2
Equivalent Experienc
At least two years of full time active participation in the general real estate
business (activity that does not require licensure as a real estate salesperson).
Two years full time is defined as 35 hours per week for 100 weeks. 3500 Points
B
Standard 3
Combined Experienc
At least two years of full time activity that is a combination of standards
one and two. Two years full time activity is defined as 35 hours per week for
100 weeks. 3500 Points C
What
are the application fees, terms of licensure?
The
nonrefundable application fee for a real estate broker
license is $150; the license will be effective for two
years.
What
forms of payment do you accept?
You may pay by check or money order made payable to the Department of State
or charge any fee to MasterCard or Visa, using the credit card authorization
form available for download on this webpage. Do not send cash. Application
fees are nonrefundable. A $20 fee will be charged for any check returned by
your bank.
Do
I need to complete the Child Support Statement section
of the application?
Yes,
a Child Support Statement is mandatory in New York State
(General Obligations Law). The law requires you to complete
this section -- regardless of whether or not you have children
or any support obligation.
Any
person who is four months or more in arrears in child support
may be subject to having his or her business, professional
and driver's licenses suspended. The intentional submission
of a false written statement for the purpose of frustrating
or defeating the lawful enforcement of support obligations
is punishable under § 175.35 of the Penal Law. It
is a class E felony to offer a false instrument for filing
with a state or local government with the intent to defraud.
PRIVACY
NOTIFICATION
Do
I need to provide my Social Security and federal ID numbers
on the application?
Yes.
The Department of State is required to collect the federal
Social Security and Employer Identification numbers of
all licensees. The authority to request and maintain such
personal information is found in §5 of the Tax Law
and §3-503 of the General Obligations Law. Disclosure
by you is mandatory. The information is collected to enable
the Department of Taxation and Finance to identify individuals,
businesses and others who have been delinquent in filing
tax returns or may have underestimated their tax liabilities
and to generally identify persons affected by the taxes
administered by the Commissioner of Taxation and Finance.
It will be used for tax administration purposes and any
other purpose authorized by the Tax Law and may also be
used by child support enforcement agencies or their authorized
representatives of this or other states established pursuant
to Title IV-D of the Social Security Act, to establish,
modify or enforce an order of support, but will not be
available to the public. A written explanation is required
where no number is provided. This information will be maintained
in the Licensing Information System by the Director of
Administration and Management, at 41 State Street, Albany,
NY 12231-0001.
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