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A New York broker in 2026 conceals that it is being paid by a third party on the file. Can concealing that compensation be grounds for discipline under section 595-a?

Correct Answer

D) A ground: receipt of payment from a third party is named

The grounds encompass the misrepresentation or concealment of any material factors, terms or conditions of a transaction to which he is a party, including the receipt of payment from a third party, pertinent to an applicant or a mortgagor. Other choices: third-party payment is named in the text; no request by the borrower is needed; and no comparison to the broker own fee appears. Source: N.Y. Banking Law § 595-a(1)(b)

Answer Options
A
A ground only where the payment exceeded the broker fee
B
A ground only where the borrower asked about compensation
C
Outside the section, because the compensation the broker receives from a lender is a matter between those two businesses and does not concern the borrower
D
A ground: receipt of payment from a third party is named

Why This Is the Correct Answer

The grounds encompass the misrepresentation or concealment of any material factors, terms or conditions of a transaction to which he is a party, including the receipt of payment from a third party, pertinent to an applicant or a mortgagor. Other choices: third-party payment is named in the text; no request by the borrower is needed; and no comparison to the broker own fee appears. Source: N.Y. Banking Law § 595-a(1)(b)

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