Real Estate Broker and

NYS DOS, Real Estate Professional Page NYS Department of State Division of Licensing Services F requently A sked Q uestions Applicants for Real Estate Broker and Salesperson Licensure Do I need to be licensed? Generally, Article 12-A of the Real Property Law provides that anyone who, on behalf of another and for a fee, 1) negotiates a sale, exchange or rental of real property, 2) collects rent, or 3) negotiates a commercial loan secured by a mortgage must be licensed as a real estate broker. What is the difference between a real estate broker and a real estate salesperson? A real estate broker is responsible for the supervision and conduct of the real estate brokerage business. He or she applies for and holds the license on behalf of the brokerage. This person is known as the "representative broker." A real estate salesperson works for and is supervised by the representative broker. The salesperson acts as the representative broker's agent. All listings, although perhaps negotiated by a salesperson, are accepted by the representative broker. How do I become a real estate salesperson or broker? In order to qualify for licensure as a real estate salesperson, an applicant must have satisfactorily completed a 45 hour salesperson qualifying education course in real estate approved by the Secretary of State, and have passed a qualifying examination administered by the Department. In order to qualify for licensure as a real estate broker, an applicant must have at least one year of experience as a licensed real estate salesperson or at least two years of experience in the general real estate field (e.g., buying and selling your own property, managing property owned by your employer), have satisfactorily completed both the qualifying salesperson course of 45 hours and an additional 45 hour real estate broker course as approved by the Secretary of State, and have passed a qualifying examination administered by the Department. Who licenses mortgage brokers? Anyone who negotiates or attempts to negotiate any mortgage loan other than a mortgage loan on residential property, in the state of New York, is required to be licensed as real estate broker, or as a salesperson associated with a real estate broker. This license is issued by the NYS Department of State. To negotiate a mortgage loan on residential property (one to four family building) registration with the New York State Banking Department is required. If I am a real estate management company, do I need a real estate broker's license? That depends on what services you provide. If you collect rent or place tenants in vacant spaces on behalf of your landlord client, the answer is yes. If, on the other hand, your services are strictly maintenance, the answer is no. you are not acting as a fiduciary (not handling another person's money). Whom do I call if I am not sure whether I completed my 22.5 hours of continuing education during my license term? Contact the school(s) you attended. Schools are required by law to maintain course completion records for three years. You may request duplicate certificates from the school(s) in the event you are audited. In order to renew my salesperson license, I completed the 45-hour broker qualifying course. Can I apply the extra 22.5 hours to my next license term? No. The law clearly states that continuing education must be completed within each license term. I could not complete the continuing education, but I wish to renew my license anyway. Can I apply for an extension? Please refer to §177.6 in the real estate law booklet. Extensions will only be granted in bona fide hardship cases. You must submit the following, preferably prior to your license expiration: a written request for the extension, completed renewal form, fee, and original documentation demonstrating your hardship; i.e. , medical documentation. I think I might be exempt, but I am not sure when I originally became licensed. Can you tell me when I was first licensed? No. The Department of State only maintains seven years of real estate records. You may possibly determine your original date of licensure if you know when you completed the salesperson course and how long it took you after completing the course to apply for your license. What happens if I do not complete my continuing education and don't renew my license? If you do not renew your license, you cannot conduct any real estate activities that require a New York State real estate license in accordance with Article 12-A of the Real Property Law. There are no grace periods that allow you to continue working while not licensed. You have two years from the date your license expires to renew your license. If you fail to renew within that period, you will be required to pass the state written examination. No continuing education will be required to repeat the licensing process again. When you submit your new salesperson application, you must include the following: your new examination results, application fee, and a copy of your expired license/pocket card or ORIGINAL proof of completing the salesperson course. If possible, it is better to submit original proof of your salesperson course. If you do not have an original certificate, then call the school where you took the course to request another certificate. If you are applying for your broker's license, you must submit ORIGINAL proof of your 45-hour salesperson course and 45-hour broker course, or a copy of your expired broker's license. How do I obtain a waiver from the 45-hour salesperson or 90-hour broker course requirement? You must submit a written request stating the waiver you are applying for along with ORIGINAL proof of course completion, a detailed outline listing topics and hours, and a course description. We only review prelicensing courses from other states that were completed in a classroom setting. (No home-study/correspondence courses.) The prelicensing salesperson's course must be at least 45 hours of classroom instruction and the broker's course, 90 hours. In addition, if you have graduated with a Master's Degree with a concentration in real estate, you may qualify for a 90-hour waiver of the qualifying courses. Please submit an official transcript with your waiver request. If you are granted a waiver, you will receive the waiver letter, the license application, real estate law booklet, and examination schedules. When you are ready to apply for your license, please submit the ORIGINAL waiver letter with your application, fee, passed examination results, and any other required documents. I have been a real estate licensee for many years. Am I exempt from the continuing education requirements? Article 12A statutorily requires all real estate brokers and salespeople to complete 22½ hours of Department of State approved education within their two-year license period prior to the date of expiration. The law does provide for an exemption from this requirement for a real estate broker who has 15 consecutive years of combined licensure as a salesperson and a broker and who is actively engaged in the real estate business as a real estate broker at the time of renewal, or an admitted NYS attorney. Where do I get more detailed information? You may access pertinent law and regulations, applications and exam schedules from this website. You may also request this or other information by calling a Division of Licensing Services customer service representative at (518) 474-4429 or by writing to: New York State Department of State Division of Licensing Services 84 Holland Avenue Albany, New York 12208-3490 [ NYS Department of State Home Page ] [ Licensing Services Menu ] [ Real Estate Professionals Page ]

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investment property. Missing any

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Real Estate Prices

Housing prices can go down. - Sep. 19, 2005 Web CNN/Money Home News Markets Technology Commentary Personal Finance Autos Real Estate Real Estate Buying & Selling SAVE | EMAIL | PRINT | SUBSCRIBE TO MONEY | Real estate: When booms go bust... Home prices can and do go down. Here's what declines have looked like in the past. September 19, 2005: 6:21 PM EDT By Les Christie, CNN/Money staff writer NEW YORK (CNN/Money) - Across America, real-estate prices continue to confound the skeptics. Many Americans have come to think of their homes as rock-solid investments with little downside. And why not: For the past 40 years, national home prices have surpassed inflation by a percentage point or two on average and there has never been a national real-estate bust. But are people ignoring the risks? "I think Americans are not well aware that many markets are risky," says Ingo Winzer, president of Local Market Monitor, which sells real-estate market analysis to corporate and consumer clients. Those investors should realize that price reversals do happen, even if only locally rather than nation-wide. A look at the not so distant past reveals numerous examples of cities that went through housing busts -- followed by years of falling prices. Some have never fully recovered. Once hot, then not Take Los Angeles, where real estate has been turbocharged for nearly 10 years. But the early 1990s were a different story; the average house price in L.A. dropped from $222,200 in 1990 to $176,300 in 1996, a loss of 20.7 percent. Furthermore, those are nominal prices, not real values. To calculate the loss more realistically you would have to figure in the cost of inflation: $222,200 in 1990 would have been worth $266,700 in 1996 dollars, which means the actual loss for homeowners buying in 1990 and selling in 1996 was closer to 34 percent. Not exactly the Nasdaq meltdown for investors, but getting closer. But that's L.A., where the aerospace- and film and television production-based economy can be a bit volatile. What about cities in more traditional areas? How did things play out in Peoria, Ill. for instance? Not well, not in the early 1980s at least. Peoria experienced real-estate price drops amounting to more than 15 percent tied, in part, to strikes and lay-offs at Caterpillar, the city's biggest employer. In 1981, the average home there sold for $60,800. By 1985, that had dipped to $51,400. "Oil patch" cities, suffered even sharper declines. In Oklahoma City prices plummeted 26 percent from 1983 to 1988. It took 15 years for prices there to return to nominal 1983 levels. Houston home prices fell 22 percent from $111,000 to $86,800, and also took 15 years to rebound. Counting inflation, the average Houston home, which cost just $159,700 in 2004, is actually worth less now than it was 22 years ago. When, adjusted for inflation, a home cost about $219,000 in 1983. In Oklahoma City, the inflation-adjusted price in 1983 was $196,600. Today, it's just $135,100. The boom will end, but when? History seems to dictate that the current price boom is at risk. One factor is that real-estate investing has spiked, pressuring prices upward. In Phoenix, according to Bill Jilbert, president and COO of the Coldwell Banker brokerage there, investors from Nevada and California have invaded the Arizona market, and "affordable housing has been pushed to extremes." That story is echoed in many local markets. Low interest rates have also kept real estate bubbling. Cheap mortgages enable entry level buyers to get into the market and wealthier ones to afford more expensive houses. That means higher demand and higher prices at all market levels. Winzer says that low rates "have extended the cycle." Winzer assesses local market risk by taking into account economic and population growth, construction costs, vacancy rates, and, especially, income. He also considers such factors as density and access to open land. Prices in densely settled New York have always been higher than those of cities with lots of space for new housing. Winzer considers real estate "very risky right now." And because the price run up has been so high he expects the adjustment period where home prices stagnate as income catches up -- to take a very long time. Before they purchase a home, buyers better figure on scenario of many years of little or slow home-price appreciation. Counting on home price increases could be a big mistake. The boom has already gone on longer than Winzer thought it would. "Bubbles do tend to last longer than most people expect," he says, "and end quicker." _____________________________________________________________________________________ Think you're living in a bubble? Here are four strategies . Watch out: 5 crazy loans that could hurt you Hot markets have not slowed much yet. See that story by clicking here . For more articles on Real Estate, subscribe to MONEY Magazine . The Hot List Most profitable renovations How risky is your 401(k)? Big new tax credits for hybrid cars More Buying & Selling Least affordable rental markets Take this home market...and love it Double jeopardy for landlords contact us | magazine customer service | site map | glossary | RSS | press room OTHER NEWS: CNN | SI | Fortune | Business2.0 = Money subscribers = Premium content -- * - Time reflects local markets trading time. † - Intraday data is at least 15-minutes delayed. Disclaimer © 2005 Cable News Network LP, LLLP. A Time Warner Company ALL RIGHTS RESERVED. Terms under which this service is provided to you. privacy policy Reprints of site stories are available. Top Stories Most overvalued housing markets Risks to the economy in 2006 Which was the worst ad of all in 2005? After the ride, a rest Hilton brands reunite after 40 years YOUR E-MAIL ALERTS Follow the news that matters to you. 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