Section 4 - 6 of the Rules requires that if real estate advertising identifies an individual licensee, this must be done by using
the licensee name of the individual.
Not exact matches
On September 13, 2017 Ontario's Law Society with no
name sent a now infamous e-mail to its
licensees stating: You will need to create and abide by an
individual Statement
of Principles that acknowledges your obligation to promote equality, diversity and inclusion generally, and in your behaviour towards colleagues, employees, clients and the public.
The «
licensee name»
of an
individual is defined as «the legal
name or a recognizable short form
of the legal
name of the
individual, unless another
name is approved by the Council», in which case the
licensee name would be that other approved
name.
Advertising that identifies an
individual who has a personal real estate corporation must also use the
licensee name of the personal real estate corporation, not the
individual's
name.
(i) the legal
name, a recognizable short form
of the legal
name or the
licensee name of the controlling
individual, and
Advertising that identifies an
individual who has a personal real estate corporation must use the
licensee name of the personal real estate corporation, not the
individual's
name.
the legal
name, a recognizable short form
of the legal
name, or the
licensee name of the controlling
individual, and
(2)
Individual licensees — The licensee name of a managing broker, associate broker or representative who is an individual is, as a
Individual licensees — The
licensee name of a managing broker, associate broker or representative who is an
individual is, as a
individual is, as applicable,
(b) if that person is a personal real estate corporation or a controlling
individual of a personal real estate corporation, by using the
licensee name of the personal real estate corporation only.
9 DOS 94 Matter
of DOS v. Shane - motion for pre-hearing discovery beyond SAPA 401 (6) is denied; rules re: subpoenas in administrative proceedings reiterated; proper procedure
of reserving right to file post-hearing memorandum
of law; MLS form listing agreements are acceptable;
individual license not sufficient to allow acting as representative
of corporate
licensee - need affiliated license; agreements procured by
individual acting under
name of firm but without affiliated license are illegal and unenforceable - no brokerage fee can be claimed; misrepresentation and execution
of unauthorized extension; misrepresentation
of law (distinction between canceling agency authority and abiding contract rights); RPL § 443 controls the disclosures required
of licensees; subsequently licensed corporation not vicariously liable; failure to provide copy
of agreement (19 NYCRR 175.12); inadvertence considered in determining penalty
Either the legal
name of the controlling
individual, or a recognizable short form
of the legal
name, or the
licensee name of the controlling
individual, and
38 DOS 98 Matter
of DOS v. Hargrave - proper business practices; unlawful for real estate broker licensed in her
individual name to operate under an assumed
named without license under the assumed
name;
licensee immediately ceases to operate under assumed
name upon being so advised by DOS investigator; no evidence presented
of any harm to the public arising out
of violation; broker reprimanded
Bob Smith Personal Real Estate Corporation (
licensee name of the controlling
individual registered with the Council + «personal real estate corporation»).
79 DOS 99 Matter
of DOS v. Pagano - disclosure
of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice
of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof
of proper service; DOS has jurisdiction after expiration
of respondents» licenses as acts
of misconduct occurred and the proceedings were commenced while the respondents were licensed;
licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions
of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half
of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part
of the deposit when broker did not earn a commission; broker must conduct business under
name as it appears on license; broker engaged in the unauthorized practice
of law in preparing contracts for purchase and sale
of real estate which did not contain a clause making it subject to the approval
of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms
of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts
of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit
of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its
licensees within the actual or apparent scope
of their authority; corporate and
individual brokers» licenses revoked, no action taken on application for renewal until proof
of payment
of sum
of $ 2,000.00 plus interests for deposits unlawfully retained
As many Realtors ® have heard by now, effective January 1, 2018, in any advertising that includes the
name of an associate broker, salesperson or team, the
individual licensee's
name (or team
name) can not be in larger type size than the
name of the firm.