Regarding the agency findings, the Court noted that a broker alleging such a relationship must show that the purported
principal authorized the broker to act as its agent.
Not exact matches
The right to vote contemplated by this Interpretation shall not be deemed denied to a
broker otherwise eligible for REALTOR ® membership if: (1) such
broker voluntarily elects a REALTOR ® membership classification
authorized by the Board having limited or no voting rights; and (2) at least one
principal, partner, officer, or trustee of the firm, partnership, corporation or trust with which such
broker is affiliated or by which he is employed is a REALTOR ® Member having full voting rights.
730 DOS 02 DOS v. New World Realty of New York, Inc. — availing of license; deposits; disclosure of agency relationships; duty to supervise sales associates; failure to pay judgment; proper business practices; DOS has jurisdiction where disciplinary action was started while individual was licensed as an associate
broker and was eligible to automatically renew at the time of the disciplinary hearing; salesperson owned voting stock in licensed corporate real estate
broker, failed to pay judgment and failed to present evidence of inability to do so, and engaged in unlicensed activity after license expired; representative
broker availed corporate real estate
brokers license to salesperson; representative
broker failed to properly supervise salesperson by permitting and
authorizing salesperson to act as a real estate
broker;
broker and salesperson failed to make agency disclosures and failed to deposit funds of
principal in a special bank account; real estate transaction conducted was a fraudulent business practice; DOS fails to prove the unauthorized practice of law; salesperson's license revoked and salesperson ordered to pay refund of $ 1,406.00 of illegal commission collected; representative
broker's license revoked and
broker ordered to refund $ 74.00 of illegal commission collected; representative
broker fined $ 5,000.00
189 DOS 99 Matter of DOS v. Naftal - listing agreements; deposits; unauthorized practice of law; vicarious liability; amendment of pleading to conform to the proof; improperly altering listing agreement without the consent or knowledge of
principal to show the potential commission split with buyer's
broker to meet MLS requirements; preparing and submitting fraudulent MLS change notifications purporting to extend and alter listings; deposit of escrow funds into operating account; preparation of lease constitutes the unauthorized practice of law; pleadings may be amended to conform to the proof and encompass a charge not stated in the complaint where the issue has been fully litigated by the parties and is closely enough related to the stated charges that there is no surprise or prejudice to the respondent; continuing to offer properties for sale after preparation of forged listing extensions violates 19 NYCRR 175.10; DOS fails to establish violation of 19 NYCRR 175.12 for failure to provide copy of listing extension where extension was not
authorized by
principal; DOS fails to demonstrate demand for unearned commission where
broker may have believed they were entitled to a commission;
broker's licenses suspended for one year and thereafter until such time as restitution in the amounts of $ 5,000.00 and $ 2,055.40 is made