Pass Your New York Real Estate Exam the First Time
New York requires 77 hours of pre-licensing education. The exam heavily tests co-op vs. condo differences - NYC has more co-ops than anywhere else! Understanding board approval processes and flip taxes is essential. New York also has unique disclosure requirements.
Questions
75
75 STATE
To Pass
70%
53 / 75 TO PASS
Time Limit
1.5 Hrs
90 TOTAL MINUTES
Provider
In-House/PSI
DOS
Pass your New York Salesperson, Associate Broker or Broker License
New York’s exam has no national portion at all, and most prep courses are still teaching the wrong material.
All 75 questions on the New York exam are state specific, administered by the DOS, not by a national testing provider. Candidates who spend their preparation time on national content are ready for an exam that New York does not administer. Generic prep tools and AI generated question banks are built around the national portion that does not exist in New York. The candidates who fail this exam are often the ones who studied the most, using the wrong resources.
The License Professor is written by licensed New York real estate professionals with direct knowledge of DOS exam content. Every question targets the state specific rules the exam tests, from co op board structures to New York license law violations.
New York Sample Exams
Experience the real study interface — no account required.
Salesperson
Individuals new to real estate who want to start their career helping clients buy and sell property
Associate Broker
Experienced agents ready to take on more responsibility while working under a supervising broker
Broker
Experienced professionals who want to operate independently or run their own brokerage
Three Topics that Trip Up New York Students Most
Co-op vs. Condo Ownership
In a co-op you own shares in a corporation and hold a proprietary lease, not a deed — the exam ruthlessly tests this distinction, including how it changes financing, board approval, flip taxes, and subletting restrictions unique to New York.
Ad Valorem Tax Assessments
New York uses different assessment ratios by tax class (6% for Class 1 residential, 45% for Class 2-4) — students routinely fail questions requiring calculated assessed value versus real market value using these state-specific percentages.
Article 12-A Violations
Article 12-A of New York’s Real Property Law is the backbone of license law, and any single violation constitutes a misdemeanor — confuse it with a civil penalty and you lose critical points.
The New York Real Estate License Professor includes specialized deep dives for each of these.
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New York Real Estate Exam FAQ
More on the New York Real Estate Exam
Deeper reading on the topics that matter most for New York candidates.
Common Questions About the New York Real Estate Exam
How hard is the New York real estate exam?
New York's exam is unique. There's no separate national portion. All 75 questions are state-specific New York content. The exam is also short: just 90 minutes for 75 questions, which is tighter than most states.
The first-attempt pass rate runs roughly 60-70%. New York is more accessible than California or Texas, partly because the exam is short. But the 90-minute time pressure catches candidates who haven't practiced under timed conditions.
How many questions are on the New York real estate exam?
75 questions total. All 75 are New York state-specific. Unlike most states, New York does NOT use a separate national portion through Pearson VUE or PSI. The exam is administered directly by the New York Department of State (DOS).
You need 53 correct answers (70%) to pass.
What's the passing score on the New York real estate exam?
70%. That means at least 53 of 75 questions correct. The DOS doesn't tell you which questions you got right or wrong, just whether you passed.
The passing threshold is more forgiving than Florida (75%) or Maryland (75%), but the all-state content means there's no "easy national portion" backstop.
How long do I have to take the New York real estate exam?
90 minutes (1.5 hours). That's 72 seconds per question on average. Tight, given that New York's questions can be detailed.
The 90-minute limit is the shortest of any major state. Most candidates use the full time. Practice under timed conditions before exam day.
What does the New York real estate exam cost?
$15 per exam attempt. That's the lowest exam fee in the nation. The license application fee through the DOS is $55 separately. Background check fingerprinting runs about $50.
Total cost to get your New York real estate license, including 77 hours of pre-licensing education ($350-$700), is roughly $470 to $820. New York is one of the more affordable states to get licensed.
What's covered on the New York exam?
The 75 questions concentrate on these areas:
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New York licensing law and DOS regulations. License categories, broker supervision, advertising rules.
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Property law and ownership. Estates, deeds, joint ownership, common interests including New York's heavy co-op concentration.
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Agency relationships. New York's agency disclosure form, designated agency, fiduciary duties.
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Contracts. Listing agreements, purchase contracts, leases, New York-specific contract provisions.
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Co-op and condo law. New York City has more cooperative apartments than anywhere else in the US. The exam tests co-op governance, board approval, and assessment rules.
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Property disclosures. New York property condition disclosure, lead-based paint, environmental disclosures.
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Trust accounts. New York broker trust account rules.
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Real estate math. Commission, prorations, capitalization rate, area calculations.
What if I fail the New York real estate exam?
You can retake it. New York allows multiple attempts. You'll pay another $15 exam fee per attempt.
If you fail, the score report shows your performance by content area to focus retake prep. Most candidates who fail and retake successfully focus on the 1-2 weakest topic areas.
How do I schedule the New York real estate exam?
Through the DOS or PSI website. After completing your 77 hours of pre-licensing and submitting your license application, the DOS will issue your candidate ID for exam scheduling.
New York has testing centers in New York City (multiple), Albany, Buffalo, Rochester, Syracuse, and Long Island. Most candidates can find a slot within 2-4 weeks. NYC slots fill up faster than upstate.
Why doesn't New York have a national portion?
New York's DOS administers the exam in-house rather than contracting with Pearson VUE or PSI like most states. The DOS has chosen to write all 75 questions to New York-specific content, integrating national real estate principles with New York law throughout the test.
The practical effect: you can't rely on national prep books alone. Every question is New York-flavored, even when it tests a concept that exists in all 50 states.
What's the difference between a co-op and a condo?
This is one of the most-tested distinctions on the New York exam. New York City has more cooperatives (co-ops) than any other US market.
Cooperative (co-op):
- Buyer purchases SHARES of stock in a cooperative corporation
- Buyer receives a proprietary lease for occupancy of a specific unit
- Co-op corporation owns the building; shareholders have right to occupy
- Board approval required for sale or transfer
- Often financial restrictions (income, assets, debt-to-income)
- Maintenance fees instead of HOA fees
Condominium (condo):
- Buyer purchases real property (a "unit" with shared common areas)
- Buyer receives a deed to the unit plus an undivided interest in common elements
- No board approval typically required (right of first refusal sometimes)
- Generally easier and faster to buy/sell
- Common charges instead of co-op maintenance
The exam tests these distinctions in scenario form. Candidates who don't know New York's cooperative structure often miss these questions.
What's the co-op board approval process?
When buying a co-op in New York, the buyer must be approved by the co-op board. The process:
- Submit a board application package. Includes financial statements, references, employer letters, tax returns.
- Board review. The board reviews financial qualifications and any other criteria they set (often debt-to-income limits, asset minimums).
- Board interview. Many co-ops require an in-person interview with the buyer.
- Board decision. Approve, reject, or request more information. The board doesn't have to give reasons (within fair housing limits).
Approval can take 1-6 months. Buyers and licensees should plan accordingly.
The exam tests:
- The licensee's role in helping prepare the application
- Fair housing limits on what boards can reject for
- The contract contingency for board approval
- What happens if the board rejects
Do I need a sponsoring broker before taking the New York real estate exam?
No. You can take the exam without a sponsoring broker. But you cannot operate as a licensed salesperson without working under a New York-licensed broker. Most candidates secure their broker during pre-licensing or shortly after passing.
How long until I get my New York real estate license after passing the exam?
The DOS typically issues licenses within 2-4 weeks after a complete application is on file. The application requires:
- Passing exam score (delivered automatically)
- Completed application via the DOS portal
- $55 license fee
- Sponsoring broker designation
- Fingerprint-based background check
Pro tip: complete your background check early. The fingerprinting often takes longer than the application processing, and getting it submitted early shaves weeks off your wait.
How much do real estate agents make in New York?
Median agent income in New York is roughly $58,000 per year. Brokers average $88,000. New agents typically earn less in their first 1-2 years while building their pipeline. Top earners in NYC, Hamptons, and Westchester markets can clear $300K+.
New York's median home price is around $430,000 statewide, but NYC and surrounding markets are dramatically higher. Manhattan median sale price often exceeds $1M. The state has 130,000 active licensees and roughly 160,000 homes sell annually.
NYC commission structures often differ from the rest of the state. Co-op sales often have 4-6% commission with the seller paying both sides. Outside NYC, commission structures resemble the rest of the country.
What's the difference between salesperson and broker exam in New York?
New York has three license tiers:
Salesperson: 75 questions, 90 minutes, 70% passing, $15 fee. Works under a sponsoring Broker. Entry-level license.
Associate Broker: Has Broker qualifications but works under another Broker. Requires 75 hours of additional broker pre-licensing plus broker exam.
Broker: Requires 152 hours of broker pre-licensing plus 2 years of full-time salesperson experience. Can operate independently.
Most agents stay as Salespersons their entire career. Associate Broker and Broker tiers are for those running brokerages or seeking advanced credentials.
What's the New York Department of State's role?
The New York Department of State (DOS), specifically the Division of Licensing Services, regulates real estate licensing in New York. The DOS:
- Licenses all real estate professionals in New York
- Approves pre-licensing course providers
- Investigates complaints against licensees
- Enforces New York's real estate license law (Real Property Law Article 12-A)
- Sets continuing education requirements (22.5 hours every 2 years)
The DOS website at dos.ny.gov is where you'll apply, schedule your exam, and renew your license.
What are flip taxes?
A flip tax is a transfer fee charged by a co-op when shares are transferred (i.e., when an apartment is sold). The fee can be:
- A percentage of the sale price (1-3% common)
- A flat dollar amount
- A percentage of the seller's profit
- A per-share amount
Flip taxes are determined by the co-op's bylaws and proprietary lease. They're paid at closing, typically by the seller (though some co-ops shift to buyer or split).
The exam tests:
- That flip taxes exist on co-op transfers
- The licensee's duty to disclose flip taxes to clients
- The seller's responsibility for flip tax payment
- That flip taxes don't apply to condos (they apply to share transfers, not real property)
New York Real Estate Exam Structure: What to Expect
The New York Salesperson exam is administered by the Department of State (DOS) in testing centers across New York. It's a single sitting of 75 New York-specific questions in 90 minutes.
The single-portion structure
Most states split their exams: a national portion (managed by Pearson VUE or PSI) covering generic real estate principles, plus a state-specific portion covering local law. New York eliminates the split. All 75 questions are written to New York content.
The practical effect: studying only national content is a guaranteed fail. You need New York-specific prep from day one.
Question breakdown by area
The 75 questions concentrate roughly as follows:
- License Law (~17%): DOS regulations, license categories, broker supervision
- Real Estate Instruments and Estates (~13%): Deeds, leases, joint ownership, condominiums, cooperatives
- Agency (~12%): New York agency disclosure, fiduciary duties, designated agency
- Real Estate Contracts (~13%): Purchase contracts, leases, options
- Real Estate Finance (~10%): Mortgages, deeds of trust, foreclosure, FHA/VA, RESPA, TILA
- Property Valuation (~10%): Comparative market analysis, appraisal
- Property Disclosure and Environmental (~8%): Property condition disclosure, lead, environmental
- Real Estate Math (~7%): Commission, prorations, area, capitalization
- Fair Housing and Civil Rights (~6%): State and federal protections
- Property Management and Investment (~4%): Investment principles, property management
Question format
All questions are multiple choice with four options. There's no penalty for guessing, so answer every question.
The DOS writes scenario-based questions on New York-specific topics. Expect questions like:
"A New York buyer is purchasing shares in a Manhattan cooperative apartment. The co-op board rejects the buyer's application after the contract was signed. Under standard contract terms, what is the buyer's primary remedy?"
These test whether you understand the rule, not just whether you've memorized a definition.
Time management
You have 90 minutes for 75 questions. That's 72 seconds per question, tight given New York's detailed scenario questions.
A practical approach:
- First pass (40 minutes): Answer questions you know quickly. Mark anything that requires extra thought.
- Second pass (30 minutes): Work through marked questions. Don't agonize over any single one.
- Final pass (15 minutes): Review your marked answers. Change only if you have a specific reason.
- Buffer (5 minutes): Spend on the most difficult marked questions.
Most candidates use the full 90 minutes. New York's exam is the most time-pressured of major US states. Running out of time is a real risk. Practice under timed conditions before exam day.
Cost structure
- Pre-licensing education (77 hours): $350-$700 typical
- Exam fee: $15 per attempt (lowest in the country)
- License application fee: $55 (paid to DOS)
- Background check (fingerprinting): $50 typical
- Total estimated: $470-$820 to get fully licensed
Retake rules
If you fail:
- Retakes allowed
- $15 fee per retake
- Score report shows weak content areas
New York has no specific waiting period beyond scheduling availability. Most candidates retake within 1-2 weeks.
Score report
The DOS provides preliminary results after you finish at the testing center. Detailed scoring arrives by mail or in your DOS account.
Use the breakdown to focus retake prep. Most candidates who fail and retake successfully focus on the 1-2 weakest topic areas rather than re-studying everything.
Topics Covered on the New York Real Estate Exam
The New York Salesperson exam tests a defined set of topics. The DOS publishes a content outline used to build every test form. Knowing the topics tested gives you a study roadmap.
Unlike most state exams, New York doesn't have a separate national portion. All 75 questions are New York-specific, but they cover both national real estate principles AND New York-specific law in an integrated way.
National Topics (covered with New York flavor)
- Property Ownership — Estates, joint ownership, fee simple, life estates, leasehold interests
- Land Use Controls — Zoning, deed restrictions, government powers, environmental regulations
- Valuation — Three approaches to value, comparative market analysis, appraisal
- Financing — Mortgages, deeds of trust, FHA/VA, RESPA, TILA
- Agency — Agency relationships, fiduciary duties (national framework)
- Contracts — Listing agreements, purchase contracts, options, leases
- Closing — Closing procedures, prorations, transfer of title
- Practice — Working with buyers and sellers, fair housing, advertising
New York State Topics
- New York Department of State Regulations — DOS rules, license categories, application procedures, broker supervision
- New York Licensing Laws — Real Property Law Article 12-A, license categories, eligibility
- Trust Account Rules — Broker trust account rules, recordkeeping, commingling prohibitions
- Professional Standards — Code of Ethics, fiduciary duties, agency disclosure timing
- Disciplinary Procedures — DOS enforcement, license suspension/revocation, hearing procedures
New York Distinctive Topics
Beyond the standard categories, New York's exam concentrates heavily on:
- Cooperatives (co-ops) — Share ownership, board approval, proprietary leases, flip taxes
- Condominiums (condos) — Distinction from co-ops, common charges, governance
- NYC-specific concerns — Rent regulation basics, board approval process, market dynamics
- New York agency disclosure form — The specific NYS Agency Disclosure Form must be delivered at first substantive contact
Why this list matters
New York's integrated exam means every topic above can show up at any point during the 75 questions. There's no "New York section" you can save for last.
Effective candidates spend study time roughly proportional to estimated question weight. License Law, Real Estate Instruments (including co-ops/condos), and Agency collectively make up about 40% of the exam. Master those and you're well past the 70% pass line.
What this list doesn't tell you
The topic outline tells you what's tested. It doesn't tell you how. The DOS writes scenario-based questions where the right answer requires applying the rule to a fact pattern.
A candidate who reads "New York requires the agency disclosure form" and moves on will get the conceptual question right. They'll miss the scenario question about timing or the duty when the buyer becomes a transaction broker.
The fix: practice questions, not just topic review. For every topic, do at least 15 practice questions. You'll see the patterns the DOS uses to translate topics into questions.
How to Get Licensed in New York
New York offers three real estate license paths: Salesperson (the entry point), Associate Broker, and Broker. The requirements for each are set by the New York Department of State (DOS) under Real Property Law Article 12-A.
If you're starting your career, you're a Salesperson candidate. Associate Broker and Broker tiers come later.
Salesperson License Requirements
To qualify for a New York real estate Salesperson license, you must:
- Be at least 18 years old
- Have a high school diploma or GED
- Complete 77 hours of DOS-approved pre-licensing education
- Submit a Salesperson license application through the DOS portal
- Pay the $55 license application fee
- Complete fingerprint-based background check
- Pass the New York real estate Salesperson exam (75 questions, 70% passing)
- Affiliate with a New York-licensed Broker to activate your license
The 77-hour pre-licensing covers New York-specific topics plus standard real estate principles. Course providers must be approved by the DOS. The list of approved schools is at dos.ny.gov.
You can complete the 77 hours through:
- Online courses — Most popular. Self-paced through DOS-approved providers.
- Classroom courses — Many real estate schools offer in-person formats, especially in NYC.
- Hybrid programs — Mix of online and in-person.
Associate Broker License Requirements
Associate Broker holds a broker license but works under another broker's supervision. Requirements:
- Hold an active Salesperson license for at least 2 years
- Have completed at least 3,500 points of qualifying real estate experience (specific point system based on transaction types)
- Complete 75 hours of broker pre-licensing education (in addition to the 77 salesperson hours, totaling 152 hours)
- Pass the broker exam (separate from salesperson)
- Submit an Associate Broker application with applicable fees
Broker License Requirements
Broker can operate independently and run their own brokerage. Requirements are the same as Associate Broker, plus:
- Operate independently rather than under another broker's supervision
- Establish a brokerage entity if running your own firm
- Maintain trust account compliance
Most agents stay as Salespersons their entire career. Associate Broker and Broker tiers are for those running brokerages or seeking advanced credentials.
Continuing Education
Once licensed, New York requires 22.5 hours of continuing education every 2 years to renew. The 22.5 hours must include:
- 3 hours of Fair Housing
- 1 hour of Cultural Competency
- 1 hour of Implicit Bias
- 2 hours of Agency Law (if not yet completed)
- 2 hours of Ethical Business Practices
- The remaining hours from approved CE topics
Approved CE providers are listed on the DOS website. Don't wait until renewal deadline. CE deadlines are firm, and a lapsed license costs more to reinstate than to renew on time.
Reciprocity
New York has reciprocity arrangements with several states (Arkansas, Colorado, Connecticut, Georgia, Massachusetts, Mississippi, Oklahoma, Pennsylvania, West Virginia). Out-of-state licensees from reciprocity states may have shortened licensing requirements.
Specific reciprocity arrangements vary. Out-of-state licensees from non-reciprocity states must complete New York's full requirements: 77 hours of pre-licensing, 75-question exam, etc.
Check with the DOS before assuming reciprocity applies.
Five Mistakes New York Real Estate Exam Candidates Make
About 30-40% of first-time New York candidates fail the Salesperson exam. Most failures trace back to the same handful of mistakes. If you know what trips people up, you can avoid the trap.
Mistake 1: Studying with national prep books only
The single biggest mistake. New York doesn't have a separate national portion. All 75 questions are New York-specific. National prep books written for Texas or Florida candidates don't cover New York's co-op law, agency disclosure form, DOS rules, or New York-specific contract provisions.
The fix: Use New York-specific prep tools. The DOS publishes a content outline. Match your study materials to that outline.
Mistake 2: Underestimating co-op and condo law
New York City has more cooperative apartments than anywhere else in the US. Even outside NYC, condo law is heavily tested. The exam dedicates 5-8 questions to co-op vs. condo distinctions, board approval, flip taxes, and assessment rules.
National prep barely covers cooperatives because they're concentrated in NYC. New York-specific prep often glosses over the depth that the exam tests.
The fix: Spend 1-2 dedicated study sessions on cooperatives. Memorize the co-op vs. condo distinction, the board approval process, and flip taxes. Practice scenario questions where the buyer is purchasing co-op shares vs. a condo unit.
Mistake 3: Misreading agency disclosure timing
New York requires the NYS Agency Disclosure Form be delivered at first substantive contact with a buyer or seller. Specific rules apply to when the form is given and what triggers re-disclosure if the agency relationship changes.
Three rules apply specifically:
- Disclosure at first substantive contact. Not at first contact. Substantive contact means a meeting where representation is discussed.
- Different forms for buyer agents vs. seller agents. New York has different agency disclosure forms depending on which party the licensee represents.
- Re-disclosure required when agency changes. If a buyer's agent becomes a transaction broker or designated agent, new disclosure is required.
Exam questions test specific scenarios. Candidates who studied "national agency principles" miss the specific NYS Agency Disclosure Form requirements.
The fix: Memorize the NYS Agency Disclosure Form rules. Don't apply national agency principles.
Mistake 4: Running out of time
New York's exam is 75 questions in 90 minutes. That's 72 seconds per question, tighter than most states. Candidates who haven't practiced under timed conditions often run out of time.
Common causes:
- Spending 3-4 minutes on hard questions
- Not marking and moving on
- Re-reading questions multiple times
- Not practicing under timed conditions before exam day
The fix: Take at least 2 timed practice exams before exam day. Build the habit of marking and moving on. Don't agonize over any single question.
Mistake 5: Skipping math practice
Real estate math isn't hard, but New York's exam includes math woven into scenario questions. Candidates who only studied vocabulary and concepts often freeze on math questions.
Common math topics on New York's exam:
- Commission calculations (split between brokers, then between broker and salesperson)
- Property tax prorations (NY uses calendar year)
- Loan calculations
- Capitalization rate
- Area calculations
- Investment ROI
The fix: do at least 50 practice math problems. Most aren't hard. They just require setting up the equation correctly, which gets faster with reps.
What separates pass from fail
The candidates who pass on the first try usually share these traits:
- Used New York-specific prep, not just national content
- Mastered co-op and condo law
- Memorized the NYS Agency Disclosure Form rules
- Practiced under timed conditions (90 minutes for 75 questions)
- Did at least 200 practice questions before exam day
The candidates who fail usually share these traits:
- Relied on national prep books
- Skipped cooperative law
- Treated New York agency disclosure like national agency
- Walked in cold without timed practice
- Underestimated the math content
The exam doesn't test whether you're smart. It tests whether you prepared for what's actually on it.
A Realistic 21-Day Study Plan for the New York Real Estate Exam
Most New York candidates pass with about 25-35 hours of focused study after completing their 77-hour pre-licensing. That's roughly an hour and a half a day for 3 weeks. The schedule below assumes you've completed the 77 hours and are now studying specifically for the exam.
New York's exam is shorter and more time-pressured than most. The schedule prioritizes timed practice and New York-specific content.
Week 1: Foundation and assessment
Goal: Find your weak spots before you start memorizing.
Day 1-2: Take a full-length practice exam under timed conditions (75 questions in 90 minutes). This is critical for New York because of the time pressure. Score yourself.
Day 3-4: Review the content areas where you scored lowest. Don't memorize everything. Focus on the topics where you missed multiple questions.
Day 5-7: Begin New York-specific content. Start with:
- DOS regulations and license categories
- New York Real Property Law Article 12-A basics
- Broker supervision rules
End of week 1: You should know your specific weaknesses. You should have a sense of how New York content differs from national.
Week 2: New York deep dive
Goal: Master the highest-weighted New York topics.
Day 8-10: Co-op and condo law. Spend 3 days on this. Memorize the co-op vs. condo distinction, board approval, flip taxes, common charges vs. maintenance fees.
Day 11-12: Agency law. Master the NYS Agency Disclosure Form. Different forms for buyer agents vs. seller agents. Re-disclosure rules.
Day 13-14: New York contracts and disclosures. Property condition disclosure, lead-based paint, NYS-specific contract provisions.
End of week 2: You should be scoring 80%+ on full practice exams.
Week 3: Math, simulation, refinement
Goal: Lock in math, practice under exam conditions.
Day 15-17: Real estate math. Spend 3 days drilling math. Commission, prorations, area, capitalization rate, loan calculations.
Day 18-19: Full-length timed practice exam (90 minutes for 75 questions). Score yourself. Identify any remaining weak areas.
Day 20: Targeted review of remaining weaknesses. Don't restudy what you already know.
Day 21: Light review only. Read your notes. Don't try to learn anything new. Get to bed early.
Day 22 (next morning): Exam day.
- Eat breakfast
- Arrive 30 minutes early
- Read each question completely before looking at answers
- Mark anything you're unsure of, move on, come back
- Watch the clock; don't run out of time
Compressed plan: 14-day intensive
If you only have two weeks:
Days 1-2: Cold timed practice exam, identify weak areas Days 3-7: New York-specific content (DOS rules, co-op/condo, agency) Days 8-11: National-with-NY-flavor content (contracts, financing, math) Days 12-13: Two timed full-length simulations Day 14: Light review, exam day next morning
Two weeks is workable if you're studying 3+ hours a day.
Three things every plan should include
Regardless of timeline:
- At least two timed full-length simulated exams. New York's 90-minute pressure requires preparation.
- At least 50 co-op and condo practice questions. New York's distinctive topic.
- At least 50 math problems. Math is hard to cram. Distributed practice works better.
If you do those three things, you'll be in the top half of test-takers.
Co-ops vs Condos in New York: What the Exam Actually Tests
New York City has more cooperative apartments (co-ops) than any other US market. Roughly 70% of NYC apartment buildings are co-ops, compared to about 30% condos. Outside NYC, condos are more common, but co-ops still appear throughout the state.
The New York exam tests the co-op vs. condo distinction 5-8 times across the 75 questions. Master this topic and you've taken a major step toward passing.
Here's what you actually need to know.
The fundamental distinction
Cooperative (co-op):
- A buyer purchases SHARES of stock in a cooperative corporation
- The corporation owns the building and the underlying real estate
- The shareholder receives a proprietary lease for occupancy of a specific unit
- The shareholder does NOT own real property; they own personal property (shares)
Condominium (condo):
- A buyer purchases a unit (real property) plus an undivided interest in common elements
- The buyer receives a deed and is the owner of record of the unit
- The buyer owns real property, just like single-family home ownership
- The condo association manages common areas
This distinction has implications for taxes, financing, and exam questions.
Implications of the share vs. real property distinction
Co-op:
- Buyer's loan is a "share loan" (not a mortgage), secured by the shares and proprietary lease
- Property taxes are paid by the corporation, included in maintenance fees
- Income tax: shareholder can deduct a portion of maintenance for property tax and mortgage interest paid by the corporation
- Flip taxes apply on share transfers (often 1-3% of sale price)
Condo:
- Buyer's loan is a traditional mortgage, secured by the unit (real property)
- Property taxes are billed directly to the unit owner
- Income tax: standard mortgage interest and property tax deductions apply directly
- No flip tax (transfer fees are typically simpler real estate transfer taxes)
Board approval
This is the most-tested aspect.
Co-ops require board approval for sale or transfer. The board can approve, reject, or request additional information. The board doesn't have to give specific reasons (within fair housing limits).
The approval process:
- Buyer submits a board application package. Includes financial statements, personal references, employer letters, tax returns.
- Board financial review. Many co-ops have minimum income, debt-to-income, and asset requirements.
- Board interview. Most NYC co-ops require an in-person interview.
- Board decision. Approve, reject, or request more info. Approval can take 1-6 months.
Condos do NOT have board approval, but many have a "right of first refusal." If the seller accepts a buyer's offer, the condo association has the right to step in and purchase at the same price/terms. In practice, almost no condo association exercises this right.
The exam tests:
- The buyer's contract contingency for board approval
- What happens if the board rejects (typically the contract is voidable; buyer gets earnest money back)
- Fair housing limits on what boards can reject for (cannot reject for race, religion, etc.)
- The distinction between board approval (co-op) and right of first refusal (condo)
Flip taxes
Flip taxes apply only to co-ops, not condos. They're a transfer fee charged when shares are transferred (i.e., when an apartment is sold).
Flip tax structures vary by co-op:
- Percentage of sale price: 1-3% common
- Flat dollar amount: Less common
- Percentage of seller's profit: Common in mature co-ops
- Per-share amount: Less common
Flip taxes are determined by the co-op's bylaws and proprietary lease. They're typically paid by the seller at closing, though some co-ops allocate to buyer or split.
The exam tests:
- That flip taxes apply to co-ops, not condos
- The licensee's duty to disclose flip taxes to clients
- Who pays the flip tax (seller usually)
- That flip tax structures vary by co-op
Common charges vs. maintenance fees
Both co-ops and condos charge monthly fees for shared expenses, but the structures differ.
Co-op maintenance fees:
- Higher than condo common charges (typically)
- Include the building's property taxes and underlying mortgage payments
- Include common area maintenance, building staff, utilities for common areas
- Tax-deductible portion (the property tax and mortgage interest portion)
Condo common charges:
- Lower than co-op maintenance (typically)
- Cover only common area maintenance, building staff, utilities for common areas
- Property taxes paid separately by unit owners
- Not tax-deductible (no underlying mortgage or property tax included)
Sample exam questions
Practice these:
Q: A New York buyer is purchasing a Manhattan apartment. The seller informs the buyer that the building is a "co-op." What does the buyer actually own?
A: Shares in the cooperative corporation plus a proprietary lease for the unit (personal property, not real property).
Q: A buyer signs a contract to purchase shares in a NYC co-op. The board rejects the buyer's application. Under standard contract terms, what is the buyer's primary remedy?
A: The contract is typically voidable; the buyer is entitled to a refund of earnest money.
Q: A NYC seller is selling a co-op apartment for $1,500,000. The co-op bylaws specify a 2% flip tax payable by the seller. What is the flip tax amount?
A: $30,000 ($1,500,000 × 0.02).
Why this matters for your career
If you pass the exam and become a New York Salesperson, co-op and condo transactions will be a substantial part of your practice. NYC alone has hundreds of thousands of co-op and condo transactions annually.
You'll need to:
- Identify the property type early (co-op or condo)
- Help buyers prepare board approval applications
- Disclose flip taxes and other transfer fees
- Navigate the lengthy board approval process
The exam questions on co-ops aren't just academic. They test whether you'll be competent the day you start representing buyers and sellers in NYC's most distinctive housing market.
Passed Your New York Real Estate Exam? Here's What's Next.
You walked out of the testing center with a passing score. Congratulations. You're not licensed yet. Here's what happens between passing the exam and showing up to your first listing appointment.
Step 1: Confirm your sponsoring broker
You cannot operate as a licensed Salesperson without affiliating with a New York-licensed Broker. If you haven't already, finalize this now.
A sponsoring Broker:
- Holds your license under their brokerage
- Supervises your transactions
- Provides errors and omissions insurance (typically)
- Pays commission to you on closed deals
Broker shopping should happen during pre-licensing. Most candidates have a Broker selected by exam day.
Things to ask a potential Broker:
- Commission split structure (typical: 50/50 to 80/20 outside NYC; NYC often different)
- Desk fees and monthly costs
- Lead generation support
- Training program for new agents
- E&O insurance coverage
- Office requirements (some brokerages are virtual, especially outside NYC)
NYC commission structures often differ. Many NYC firms offer 60/40 or 70/30 splits with extensive training and lead generation. Boutique firms may offer higher splits with less support.
Step 2: Submit your license application
Through the DOS portal at dos.ny.gov. Required:
- Passing exam score (delivered automatically)
- Completed application
- $55 license fee
- Sponsoring Broker designation
- Background check authorization (fingerprint-based)
Submit electronically. Paper applications take longer to process.
Step 3: Background check
New York requires fingerprint-based background checks for all new licensees through approved livescan vendors. The process:
- Schedule with an approved vendor
- Pay the $50 fingerprinting fee
- Submit prints; results go directly to the DOS
Most candidates have their background check returned within 7-21 days. If your background includes anything that needs explanation, the DOS may request additional documentation.
Step 4: Wait for license issuance
The DOS typically processes complete applications within 2-4 weeks. You'll receive an email when your license is issued.
Once issued, you can:
- Begin representing clients immediately
- Have your name added to the brokerage's MLS access (typically the local MLS such as Hudson Gateway in NYC suburbs, NYSAMLS for upstate)
- Start advertising under the brokerage's name (you must include the broker's name in all ads)
You cannot:
- Operate independently
- Sign contracts in your own name
- Hold escrow funds yourself
All transactions go through your sponsoring Broker.
Step 5: First-cycle continuing education
New York requires 22.5 hours of continuing education every 2 years to renew. The 22.5 hours must include:
- 3 hours of Fair Housing
- 1 hour of Cultural Competency
- 1 hour of Implicit Bias
- 2 hours of Agency Law (if not yet completed)
- 2 hours of Ethical Business Practices
- The remaining hours from approved CE topics
Schedule your CE early. Don't wait until the renewal deadline. Approved CE providers are listed on the DOS website.
Common post-licensing mistakes
Three traps new New York agents fall into:
Trap 1: Letting the application expire. New York gives you up to 2 years from passing the exam to apply for the license. Anything longer requires retaking the exam.
Trap 2: Skipping E&O insurance verification. Most brokers cover E&O insurance, but verify yours does. If your broker doesn't, you're personally exposed on every transaction.
Trap 3: Forgetting about CE renewal. New York's renewal cycle is 2 years. Mark your calendar. Continuing education is the most common reason for inadvertent license lapses.
Realistic income expectations
The median New York Salesperson earns about $58,000 per year. Brokers average $88,000. Distribution is wide:
- Year 1 agents: Often earn $25K-$50K. Many quit before year 2.
- Year 2-5 agents: Typically $50K-$120K once book of business stabilizes (NYC slightly higher).
- Top 25% of agents: $120K-$300K+
- Top 5% (especially Manhattan, Hamptons, Westchester luxury): $300K-$1M+
NYC's high prices create high commissions but also high competition. Manhattan listings often have multiple agents bidding for the listing. Successful NYC agents typically focus on a specific neighborhood or building niche.
The agents who make real money in New York have:
- A sponsoring Broker with strong training
- A specific market focus (neighborhood, price point, or buyer type)
- A consistent prospecting habit
- Patience for the 12-18 months it typically takes to build pipeline
NYC's co-op market is relationship-driven. Top NYC agents often build their business through introducer relationships with NYC professionals (attorneys, accountants, financial advisors).
Don't quit your day job until you have 3-6 months of expenses saved and at least 2-3 closed transactions under your belt.
The first 30 days as a licensed New York Salesperson
Once your license activates:
Week 1: Set up MLS access, learn your brokerage's CRM, identify a sphere of influence list (everyone you know who might buy or sell within 5 years).
Week 2: Send out your "I'm now licensed" announcement to your sphere. Don't pitch them. Just let them know you're available.
Week 3: Shadow your Broker on appointments. Watch how they handle clients. Take notes. In NYC, shadow co-op board interview prep meetings.
Week 4: Start prospecting. Open houses, FSBOs, expired listings, your sphere. Whatever your Broker recommends.
The license is the start, not the finish. Your first deals will come from people who knew you before you got licensed. Keep them informed, don't pressure them, and stay patient.
New York Real Estate License Reciprocity
New York has partial reciprocity agreements with select states. Agents licensed in a recognized state may qualify to skip some pre-licensing education, but must still pass the New York-specific state exam.
States accepted by New York (9 states)
Arkansas, Colorado, Connecticut, Georgia, Massachusetts, Mississippi, Oklahoma, Pennsylvania, West Virginia
States that recognize a New York license
Alabama, Arkansas, Colorado, Connecticut, Georgia, Indiana, Kansas, Massachusetts, Mississippi, Missouri, Pennsylvania, Virginia, West Virginia
Reciprocity rules change. Verify current requirements with each state's real estate commission before applying.
Your Path to New York Real Estate
Follow the progression from entry-level to advanced licensure.
Salesperson License
Who is this for?
This license is ideal for individuals new to real estate who want to start their career helping clients buy and sell property To obtain a Salesperson license, you must be sponsored by a licensed broker or brokerage firm.
Requirements
Your Exam
You need 53 out of 75 questions correct to pass.
To upgrade: 2 years experience
Associate Broker License
Who is this for?
This license is ideal for experienced agents ready to take on more responsibility while working under a supervising broker To obtain a Associate Broker license, you must be sponsored by a licensed broker or brokerage firm.
Requirements
Your Exam
You need 59 out of 84 questions correct to pass.
To upgrade: reach age 20, no sponsorship needed
Broker License
Who is this for?
This license is ideal for experienced professionals who want to operate independently or run their own brokerage
Requirements
Your Exam
You need 59 out of 84 questions correct to pass.