- New York Department of State (DOS)
- The state agency that licenses and regulates New York real estate salespersons and brokers, through its Division of Licensing Services, under RPL Article 12-A. New York has no 'real estate commission.'
- Division of Licensing Services
- The DOS division that processes New York real estate license applications, renewals, and education approvals.
- Secretary of State (real estate)
- The head of the NY Department of State, who issues licenses and disciplines licensees (fines, suspension, revocation) under RPL 441-c.
- RPL Article 12-A
- New York's Real Property Law article that governs real estate licensing — salespersons, brokers, agency, compensation, and exemptions.
- Does New York have a 'real estate commission'?
- No. New York is regulated by the Department of State, not a real estate commission — a common exam distractor.
- NY salesperson pre-license hours
- 77 hours of DOS-approved qualifying education (raised from 75 to 77 effective December 21, 2022).
- NY broker qualifying hours
- 152 total hours — the 77-hour salesperson course plus an additional 75-hour broker course.
- NY salesperson exam format
- One combined exam of 75 multiple-choice questions; New York does NOT split it into national and state portions.
- NY salesperson passing score
- 70% correct on the combined 75-question exam.
- Who administers the NY salesperson exam?
- The Department of State; you schedule and pay ($15 per attempt) through the eAccessNY system — not Pearson VUE.
- eAccessNY
- The DOS online system used to apply for, schedule, renew, and manage New York real estate licenses and exams.
- NY real estate license term
- Two years; the license must be renewed with the Department of State before it expires.
- NY continuing education requirement
- 22.5 hours per two-year renewal cycle for most licensees (effective July 1, 2021).
- NY CE — fair housing hours
- At least 3 hours of fair housing instruction are required within the 22.5-hour CE.
- NY CE — implicit bias hours
- At least 2 hours of implicit bias instruction are required within the 22.5-hour CE.
- NY CE — other required components
- Hours on the law of agency, ethical business practice, cultural competency, and recent legal matters are also required.
- Who is exempt from NY real estate CE?
- Attorneys admitted to the New York State bar; the exemption does not extend to out-of-state attorneys.
- Sponsoring broker
- The single licensed broker who supervises a New York salesperson and is named on the license; pays the salesperson's commission.
- Can a NY salesperson work under two brokers?
- No — a salesperson may work under only one sponsoring broker at a time.
- Who may pay a NY salesperson a commission?
- Only the salesperson's own sponsoring broker — never directly a buyer, seller, or another broker.
- Changing sponsoring brokers in NY
- The new sponsoring broker files the change with the Department of State and the license is amended to reflect the current sponsor.
- Minimum age for a NY salesperson license
- 18 years old.
- 19 NYCRR Part 175
- The DOS regulations on broker conduct — escrow of clients' money, advertising, commissions, and prohibited practices.
- NY broker handling of clients' money
- Must be kept in a separate, special escrow account and never commingled with the broker's own funds (19 NYCRR Part 175).
- Commingling (NY)
- Improperly mixing clients' trust funds with the broker's own funds — a license-law violation.
- Disputed earnest-money deposit (NY)
- The broker holds the funds in escrow until the buyer and seller resolve the dispute or a court directs disbursement.
- Net listings in New York
- Prohibited — a listing where the broker keeps any amount above a set seller price is a conflict of interest.
- NY advertising rule (19 NYCRR 175)
- Advertising a listing must clearly indicate that the advertiser is a real estate broker.
- Maximum DOS fine under RPL 441-c
- Up to $2,000 per violation, in addition to suspension or revocation.
- Grounds for DOS discipline
- Fraud, misrepresentation, untrustworthiness, or incompetence in conducting real estate business, among others.
- RPL section 442 (commission splitting)
- Generally prohibits paying a fee or commission to an unlicensed person for performing licensed activity.
- Activities needing no NY license
- An owner selling or renting his or her own property does not need a real estate license.
- NY-admitted attorney exemption
- An attorney admitted to the NY bar acting within the scope of his or her law practice is exempt from licensure.
- RPL Article 9-A
- Governs the sale or lease of subdivided vacant lands offered to the public; the subdivider must file an accepted offering statement with the DOS.
- Offering subdivided lands in NY
- A subdivider must file (and have accepted) an offering statement with the Department of State before offering Article 9-A lots.
- RPL section 443
- Requires a written Agency Disclosure Form on the sale of one-to-four-family residential property in New York.
- RPL 443 — applies to which property
- Residential real property of one to four units (including condos and co-ops).
- RPL 443 — timing to the buyer/tenant
- The agency disclosure form is presented at the time of first substantive contact.
- RPL 443 — timing to the seller/landlord
- The listing agent presents the form before entering into a listing agreement.
- Dual agent (RPL 443)
- An agent who, with the informed written consent of both parties, represents both the buyer and seller in one transaction.
- Advance informed consent (NY)
- The written consent both principals must give before a New York licensee may act as a dual agent.
- Dual agency with designated sales agents
- With both parties' written consent, the broker appoints one sales agent for the seller and a different sales agent for the buyer.
- Duty a designated sales agent cannot give
- Undivided loyalty — the agent must explain it cannot provide it in a dual-agency-with-designated-agents arrangement.
- Refusal to sign the RPL 443 form
- The agent notes the refusal on the form and keeps it; the duty to present the form still applies.
- Property Condition Disclosure Statement (PCDS)
- Required on the sale of a 1-to-4-family home; the seller must deliver it before the buyer signs the contract of sale.
- PCDS — 2024 change
- Effective March 20, 2024, the former $500 credit option was eliminated; a seller can no longer skip the disclosure by giving a $500 credit.
- PCDS — added 2024 topic
- The amended statement added questions on flood risk and flood history.
- NY State Human Rights Law
- New York's anti-discrimination statute, enforced by the Division of Human Rights, protecting more classes than the federal Fair Housing Act.
- Lawful source of income
- A New York protected class (e.g., a Section 8 voucher) with no federal equivalent; refusing to rent because of it is unlawful.
- NY-only protected classes (examples)
- Lawful source of income, age, marital status, sexual orientation, gender identity or expression, and military status.
- Who enforces NY housing discrimination law?
- The New York State Division of Human Rights.
- New York real estate transfer tax
- $2 for each $500 of consideration (0.4%), generally paid by the seller (grantor).
- Who pays the NY transfer tax?
- The seller (grantor); if the seller fails to pay or is exempt, the buyer becomes liable.
- New York mansion tax
- An additional 1% tax on residential conveyances of $1,000,000 or more.
- Who pays the NY mansion tax?
- The buyer (grantee), unlike the base transfer tax paid by the seller.
- Rent stabilization (NY)
- Generally covers apartments in buildings of six or more units built before 1974 in adopting localities; limits increases and gives renewal rights.
- Who administers NY rent regulation?
- New York State Homes and Community Renewal (HCR) administers rent stabilization and rent control.
- New York as an 'attorney state'
- Attorneys typically draft the contract of sale and conduct the closing in New York transactions.
- NY mortgage theory
- Lien theory — the borrower keeps title and gives the lender a mortgage lien.
- NY foreclosure method
- Judicial foreclosure — the lender must sue and obtain a court judgment; there is no quick non-judicial trustee's sale.
- NY deed-recording office
- The county clerk records deeds (the City Register in New York City), usually with a transfer-tax return.
- Tenancy by the entirety (NY)
- A co-ownership form for married couples only, with survivorship and protection from one spouse's individual creditors.
- Is New York a community-property state?
- No — New York is a common-law (separate-property) state; spouses often use tenancy by the entirety.
- NY default co-ownership presumption
- A conveyance to two or more persons is presumed a tenancy in common unless survivorship is expressly stated.
- NY salesperson exam fee
- $15 per attempt, paid through eAccessNY.
- NY salesperson application fee
- $55 to apply for the salesperson license with the Department of State.
- Independent contractor vs. employee (NY)
- A salesperson typically works as an independent contractor of the sponsoring broker but is still supervised by that broker.
- Puffing vs. misrepresentation (NY)
- General opinion ('finest home you'll find') is permissible puffing; a false statement of material fact is misrepresentation.
- Steering (NY)
- Guiding a buyer toward or away from a subdivision or area based on a protected class — illegal under federal and NY law.
- Full covenant and warranty deed (NY)
- New York's name for a general warranty deed — the most protective deed, warranting title against all defects.
- Bargain and sale deed (NY)
- A common New York deed; with covenant it warrants only the grantor's own acts, without covenant it gives no warranties.
- Standardized Operating Procedures (NY)
- DOS-required brokerage procedures (e.g., on prospective-buyer ID and pre-approval) intended to prevent discriminatory treatment.
- NY associate broker
- A licensed broker who chooses to work under and be supervised by another broker, rather than operating independently.
- Pocket card (NY)
- The DOS-issued identification a licensee carries showing the license is current and identifying the sponsoring broker.
- Real property
- Land plus everything permanently attached (improvements and fixtures) and the bundle of legal rights of ownership.
- Personal property (chattel)
- Movable property not permanently attached to land; it transfers by a bill of sale, not a deed.
- Bundle of rights
- Possession, use (enjoyment), exclusion, disposition (transfer), and control.
- Fixture
- Personal property attached to real property so it becomes part of it and transfers with the land.
- MARIA test
- Tests for a fixture: Method of attachment, Adaptability, Relationship of parties, Intention, Agreement.
- Trade fixture
- A tenant's business fixture; it remains personal property and the tenant may remove it before the lease ends.
- Fee simple absolute
- The most complete ownership — unlimited duration, freely transferable by deed or will.
- Life estate
- An estate that lasts for someone's lifetime; on death it passes to a remainderman or reverts to the grantor.
- Easement
- A nonpossessory right to use another's land for a specific purpose, such as a driveway or utility line.
- Easement appurtenant
- An easement that benefits an adjoining parcel (the dominant estate) and burdens another (the servient estate).
- Encroachment
- An improvement that extends unlawfully onto a neighbor's land — an encumbrance discovered by survey.
- Encumbrance
- Any claim, lien, charge, or right that limits an owner's title — liens, easements, encroachments, deed restrictions.
- Police power
- Government's authority to regulate land for public health, safety, and welfare — zoning, codes; no payment to the owner.
- Eminent domain
- Government's power to take private property for public use through condemnation, paying just compensation.
- Escheat
- Reversion of property to the state when an owner dies with no will and no legal heirs.
- PETE
- The four government powers: Police power, Eminent domain, Taxation, Escheat — only eminent domain pays the owner.
- Metes and bounds
- A legal description using distances and compass directions back to a point of beginning — the method most used in New York.
- Lot and block
- A legal description referencing a recorded subdivision plat by lot and block number.
- Acre
- A unit of land area equal to 43,560 square feet.
- Littoral vs. riparian rights
- Littoral rights border a lake/ocean; riparian rights border a flowing river or stream.
- Ownership in severalty
- Sole ownership of property by one person or entity.
- Joint tenancy
- Co-ownership with the right of survivorship; requires the four unities of time, title, interest, and possession.
- Tenancy in common
- Co-ownership with no survivorship; each owner holds a willable, undivided share — New York's default.
- Four unities
- Time, Title, Interest, and Possession — all required to create a joint tenancy.
- Right of survivorship
- A deceased co-owner's share passes automatically to the surviving co-owners (joint tenancy, tenancy by the entirety).
- Deed
- The written instrument that conveys title from grantor to grantee.
- Grantor vs. grantee
- Grantor = the one conveying title; grantee = the one receiving it. Only the grantor signs the deed.
- Delivery and acceptance
- Title transfers when the grantor delivers the deed and the grantee accepts it — not when it is recorded.
- Quitclaim deed
- Conveys only whatever interest the grantor has, with no warranties; used to clear a cloud on title.
- Habendum clause
- The 'to have and to hold' clause in a deed that defines the extent of ownership conveyed.
- Recording
- Entering a deed in the public record (county clerk / NYC City Register) to give constructive notice and set priority.
- Constructive notice
- Notice the law presumes everyone has once a document is properly recorded.
- Title insurance
- A policy protecting the insured against loss from title defects existing before the policy date.
- Abstract of title
- A summary of the recorded history of a property's title used to find defects.
- Cloud on title
- A claim or encumbrance that may impair title; often removed by a quitclaim deed or court action.
- Adverse possession
- Acquiring title by open, notorious, continuous, hostile possession for the statutory period (10 years in New York).
- Intestate succession
- When an owner dies without a will, the estate passes to heirs under state law; with no heirs it escheats.
- Probate
- The court process that validates a will and oversees distribution of a decedent's estate.
- Market value
- The most probable price under fair, open-market conditions — an opinion, distinct from market price.
- Market price
- The actual price a property sold for, which may differ from market value.
- Appraisal
- An impartial, supported opinion of value by a licensed appraiser as of a specific date, following USPAP.
- CMA (comparative market analysis)
- A licensee's value estimate from recent comparable sales to help price a listing — not a formal appraisal.
- Highest and best use
- The legal, possible, feasible, and most profitable use of a site — the basis of value.
- Sales comparison approach
- Estimates value by comparing the subject to recent comparable sales, adjusting for differences. Best for homes.
- Cost approach
- Land value + cost to rebuild the improvements new − depreciation. Best for new or special-use property.
- Income approach
- Value = net operating income ÷ capitalization rate. Best for income-producing property.
- Net operating income (NOI)
- Effective gross income minus operating expenses, before any mortgage payment.
- Capitalization rate
- NOI ÷ value; a higher cap rate implies more risk and a lower value.
- Reconciliation
- Weighing the three value indications into one final opinion — not simply averaging them.
- Principle of substitution
- A buyer will pay no more than the cost of an equally desirable substitute — the basis of the sales comparison approach.
- Principle of contribution
- An improvement adds value only by what it contributes to the whole, which may be less than its cost.
- Depreciation (appraisal)
- Loss in value from physical deterioration, functional obsolescence, or external obsolescence.
- Gross rent multiplier (GRM)
- Sale price ÷ monthly (or annual) rent — a quick screening tool for income property.
- Assessed value
- The value a local assessor places on property for taxation, which may differ from market value.
- Valid contract elements
- Mutual agreement (offer + acceptance), consideration, legal purpose, and competent parties.
- Statute of frauds
- Requires real estate sales contracts (and most leases over one year) to be in writing to be enforceable.
- Void vs. voidable
- Void = no legal effect (missing an essential element); voidable = one party may rescind (e.g., a minor's contract).
- Bilateral contract
- Both parties exchange promises — a purchase agreement is bilateral.
- Unilateral contract
- A promise in exchange for an act — an open listing or option is unilateral.
- Earnest money
- A buyer's good-faith deposit held in the broker's escrow account and usually applied to the price at closing.
- Contingency
- A condition that must be met for the contract to become binding — financing, inspection, or appraisal.
- Specific performance
- A court order forcing a defaulting seller to complete the sale because land is unique.
- Liquidated damages
- A pre-agreed amount (often the earnest money) the seller may keep if the buyer defaults.
- Exclusive right-to-sell listing
- The listing broker earns the commission no matter who finds the buyer.
- Exclusive agency listing
- The broker earns the commission unless the owner sells the property themselves.
- Open listing
- Only the broker who actually finds the buyer earns a commission.
- Agency
- A fiduciary relationship in which an agent represents a principal in dealings with third parties.
- Principal vs. customer
- The principal (client) is owed fiduciary duties; a customer is owed honesty and fair dealing.
- OLD CAR
- Fiduciary duties: Obedience, Loyalty, Disclosure, Confidentiality, Accounting, Reasonable care.
- Confidentiality duty
- An agent must keep a client's confidential information private — and it survives the end of the relationship.
- Express vs. implied agency
- Express agency is created by a written/oral agreement; implied agency arises from the parties' conduct.
- Seller's (listing) agent
- Represents the seller and owes the seller fiduciary duties.
- Buyer's agent
- Represents the buyer and owes the buyer fiduciary duties, including undivided loyalty.
- Broker's agent (NY)
- An agent who cooperates with a listing or buyer's agent to help the principal, but is not the principal's agent.
- Procuring cause
- The agent whose efforts mainly brought about the sale and who therefore earns the commission.
- Novation
- Substituting a new contract or party for an old one, releasing the original obligation.
- Assignment of contract
- Transferring one's rights under a contract to another party (unless prohibited).
- Fair Housing Act (1968)
- Federal law banning housing discrimination based on race, color, religion, national origin, sex, familial status, and disability.
- Seven federal protected classes
- Race, color, religion, national origin, sex, familial status, and disability.
- Blockbusting
- Inducing panic selling by claiming a protected class is moving into a neighborhood — illegal.
- Redlining
- A lender refusing to lend or insure in an area based on its racial or ethnic makeup — illegal.
- Reasonable accommodation
- A change in rules or services so a person with a disability can use housing — e.g., allowing a service animal.
- Reasonable modification
- A physical change to a dwelling a disabled tenant may make (usually at their expense) for full use.
- ADA vs. Fair Housing
- The ADA covers public accommodations; the Fair Housing Act covers housing.
- Antitrust — price fixing
- Brokers agreeing to set commission rates is an illegal antitrust violation; rates are always negotiable.
- Property management agreement
- A contract by which an owner hires a manager to operate the property for a fee.
- Lease (lessor/lessee)
- Conveys the right to use property for a term in exchange for rent; landlord = lessor, tenant = lessee.
- Gross lease vs. net lease
- Gross: landlord pays operating expenses; net: tenant pays some or all expenses (taxes, insurance, maintenance).
- Security deposit (NY)
- Generally limited to one month's rent for many residential leases under New York's 2019 rent law.
- Material fact
- A fact that would affect a buyer's decision or price; a known material defect must be disclosed.
- Latent defect
- A hidden defect not found by ordinary inspection; a known latent defect must be disclosed.
- Caveat emptor
- 'Let the buyer beware' — limited today by disclosure laws and the duty to disclose known material defects.
- Stigmatized property
- A property psychologically impacted by an event (e.g., a death); New York generally does not require disclosing such facts.
- Lead-based paint disclosure
- For pre-1978 housing: disclose known lead, give the EPA pamphlet, and allow a 10-day inspection window for sales.
- Radon
- An odorless, radioactive gas from soil that can accumulate indoors and is a known health hazard.
- Asbestos
- A hazardous material in old insulation/flooring; controlled by removal or encapsulation.
- Mold
- Fungal growth in damp areas that may require disclosure and remediation.
- Underground storage tank
- A buried tank that can leak and contaminate soil and groundwater, creating cleanup liability.
- CERCLA / Superfund
- Federal law imposing liability for cleanup of hazardous-waste contamination on current and past owners.
- Wetlands
- Protected areas where development is restricted; permits may be required before building.
- Megan's Law (NY)
- Provides public access to a sex-offender registry; agents typically refer buyers to the registry rather than investigate.
- Promissory note
- The borrower's written promise to repay the loan; the mortgage secures it against the property.
- Mortgage (NY)
- The security instrument giving the lender a lien on the property; New York is a lien-theory state.
- Mortgagor vs. mortgagee
- Mortgagor = the borrower who gives the mortgage; mortgagee = the lender who receives it.
- Judicial foreclosure (NY)
- Foreclosure through a court lawsuit and judgment — the rule in New York.
- Equity of redemption
- The borrower's right to pay the debt and reclaim the property before the foreclosure sale.
- Conventional loan
- A loan not insured or guaranteed by the government; PMI is usually required when LTV exceeds 80%.
- FHA loan
- A government-insured loan with lower down payments, insured by the Federal Housing Administration.
- VA loan
- A loan guaranteed by the Department of Veterans Affairs, often with no down payment for eligible veterans.
- Loan-to-value ratio (LTV)
- Loan amount ÷ value or price; a higher LTV means a smaller down payment and more lender risk.
- Private mortgage insurance (PMI)
- Insurance a borrower pays on a conventional loan when the LTV is above 80%, protecting the lender.
- RESPA
- Requires settlement-cost disclosures (Loan Estimate, Closing Disclosure) and prohibits kickbacks at closing.
- TILA / Regulation Z
- Requires lenders to disclose the cost of credit, including the annual percentage rate (APR).
- Closing Disclosure timing
- Must reach the borrower at least three business days before closing.
- Discount points
- Prepaid interest (1 point = 1% of the loan) paid at closing to lower the interest rate.
- Commission formula
- Commission = sale price × commission rate. A $500,000 sale at 5% = $25,000.
- Seller net price formula
- Price = net ÷ (1 − commission rate). A $470,000 net at 6% = $470,000 ÷ 0.94 = $500,000.
- Square feet per acre
- 43,560 square feet — not provided at the test center, so memorize it.
- Feet per mile
- 5,280 feet per mile — memorize it for the exam.
- Section size
- One section = one square mile = 640 acres.
- Area of a rectangle
- Area = length × width; convert square feet to acres by dividing by 43,560.
- LTV calculation
- LTV = loan ÷ value. An 80% LTV on a $500,000 home is a $400,000 loan.
- Income-approach value
- Value = NOI ÷ cap rate. $90,000 NOI ÷ 0.09 = $1,000,000.
- NY transfer tax calculation
- $2 for every $500 of price. A $400,000 sale = (400,000 ÷ 500) × $2 = $1,600.
- NY mansion tax calculation
- 1% of the price on residential sales of $1,000,000 or more. A $1,200,000 sale = $12,000.
- Proration
- Splitting taxes, rent, or interest by the days each party owns the property as of closing.