Ch 1 Independent Contractor or Employee

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Other licensees pertaining to real estate

1. Apartment information vendor 2. Apartment sharing agent 3. Appraiser 4. Home inspector 5. Mortgage banker

Who does not have to have a sales person's license

1. Attorneys: can get a license without the class 2. Building supervisors or maintenance workers 3. Property owners 4. Public officers who are acting on official capacity 5. Tenants Association or non-for profit corporation

IRS conditions of being an independent contractor

1. Licensed 2. Paid based on sales or output 3. Under written contract

Suspense or revocation of license

1. Miss information on license application 2. Violation of article 12-A of real property law 3. Making a false promise 4. Fraud 5. I don't trust worthiness or incompetence 6. Failing to complete continuing education 7. Active or constructive fraud or negligence

Two most important provisions on advertising by the New York code rules and regulations

1. Must include brokers name and telephone number 2. Must give general location of property

To specific codes found of the New York code of rules and regulations directing me operations of independent contractor relationships

1. Supervision of a licensed real estate broker 2. Records maintained for a minimum of three years

Do you requirements of reciprocity

1. Their certifications are current 2. Sign irrevocable consent: subjecting them to the jurisdiction of the court of the state of New York

General licensing Qualifications of a real estate sales person

1. speaks English 2. Allowed to work in United States 3. Non-felon 4. Must be in compliance child support laws 5. 18 years old 5. 75 our sales persons course

How many hours to become a broker in class

120

Sales person continuing education hours per two years

22.5 hours with three hours of fair housing

How many points are required to become a real estate broker

3500 Or 5250 if claiming really experience in general real estate industry other than sales person

Blind ad

Advertisements that do not include the brokers name and telephone number in the attempt of appearing to be a sale by owner. are highly illegal

Real estate sales person

Any person who performs the act of a broker but does so only when associated and sponsored by a licensed broker

Article 78 proceedings

Appeal a decision made by the department of state with the New York state civil practice law and rules that was made against you by someone who thought they were treated unfairly

Most of the laws pertaining to sales person and broker are contained in

Article 12-A of real property law

Three categories of real estate licenses categories for New York

Broker assistant broker sales person

When I happens with death of a broker to the business

Business has 120 days to wind down

Remedy For failure to provide property disclosure statement prior to signing

Buyer receives $500 credit at close

Internal revenue code section 3508 a and B

Classifies employment in 1 of 4 ways 1. Independent contractor 2. Employee 3. Stationary employee 4. Stationary nonemployee

Property condition disclosure act

Every cell in my signed the property condition disclosure statement and give it to the fire before signing

Constructive fraud

Failing to disclose material fact

Property condition disclosure act

Mandated by the New York real property law every seller ever rented and your property must complete and sign a property condition disclosure statement

New York state agency rules and regulations are found in

New York code rules and regulations by the department of state

Who gives real estate licensee is their license

New York department of state (DOS) division of licensing services Whose executive is the Secretary of State

In addition to specific laws article 12-A provided creation of

New York state board of real estate which advisers in assistant secretary of state in caring out provisions of article 12-A

Kickbacks

Pain part of the proceeds of the sale to another party that helps towards the sale but is unlicensed

What are licensee is required to produce on demand

Pocket card

Commingling funds

Putting your clients "your principles" money or assets in with your own

According to the IRS real estate agents are

Stationery non-employees who are treated as independent contractors for all tax purposes

What happens if the broker dies

The business has 120 days to wind down

People who believe they were not served in a fair and honest manner by their real estate agent may file a complaint with

The department of state DOS

Dual licensure

When a real estate licensee hold more than one my friends at a time The real estate broker who is also an associate broker with another firm A sales person who works for two brokers

Reciprocity

When the state agrees to allow a licensee from other states to sell real estate in their own by excepting the licensees out of state course credits or license


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