241 DOS 98 Matter of DOS v. Himark Realty — failure to appear at hearing; cease - and - desist; duty to supervise sales associates; vicarious liability; ex parte hearing is permissible upon proof of proper service; salesperson inadvertently calls home listed on cease - and - desist list which demonstrates incompetency;
broker is obligated to supervise real estate brokerage
activities of its salespersons and is vicariously liable for their misconduct, limited only with regard to penalty in cases where the
broker lacked actual
knowledge of misconduct or did not retain any benefit derived from that misconduct; corporate
broker, representative
broker and salesperson each to pay $ 250 fine
@Jose Perez I'm no attorney, but in my limited
knowledge, you must be licensed as a salesperson under a
broker or your own
broker to perform property management
activities.