For the New York salesperson exam under Mortgage Brokerage, a licensed New York real estate salesperson wants to charge a buyer a separate fee to help complete mortgage applications and negotiate loan terms with lenders. What is the best answer?
Correct Answer
A) The salesperson cannot provide those mortgage-brokerage services for compensation unless properly registered as a New York mortgage broker; the real estate-license carveout applies only when no direct or indirect mortgage-brokerage fee is accepted
New York Banking Law section 590 treats paid soliciting, processing, placing, or negotiating of mortgage loans as mortgage-brokerage activity requiring registration, and the real estate broker/salesperson carveout is limited to situations where no mortgage-brokerage fee is accepted. Source basis: New York Banking Law section 590, current NY Senate Open Legislation page checked 2026-04-30: soliciting, processing, placing or negotiating a mortgage loan includes accepting or offering to accept a mortgage loan application, assisting in processing, soliciting on behalf of a third party, or negotiating loan terms with a lender on behalf of a borrower; no person may engage in that business in New York without mortgage broker registration, unless an exemption applies. New York Banking Law section 590(2)(b), current NY Senate Open Legislation page checked 2026-04-30: a real estate broker or salesperson is not deemed to be engaged in the business of a mortgage broker if the broker or salesperson does not accept a fee, directly or indirectly, for services rendered in connection with soliciting, processing, placing, or negotiating a mortgage loan.
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More Ny License Law Dos Regulations Questions
In New York, what is the minimum age requirement to obtain a real estate salesperson license?
A real estate school in New York wants to offer continuing education courses for license renewal. What role does DOS play in regulating these educational programs?
What is the primary purpose of DOS's regulatory authority over real estate licensees in New York?
How many hours of approved pre-licensing education must a person complete before taking the New York real estate salesperson examination?
Under New York Department of State fee schedules, what is the fee required to sit for the real estate salesperson licensing examination?
- → Broker Martinez holds an active NY broker license and operates a principal office. She opens a branch office managed day-to-day by Associate Broker Thompson. A competing broker claims Martinez is violating DOS regulations because the branch office lacks proper licensing. Which of the following best evaluates this claim?
- → A prospective salesperson candidate completed portions of the required 77-hour pre-licensing curriculum at two separate DOS-approved real estate schools. Under NY DOS regulations, which statement best describes the candidate's examination eligibility?
- → Amanda completed her 77-hour pre-licensing course in January 2024. She is now ready to take her exam in March 2026. Is her education still valid?
- → A salesperson has completed 20 of the required 22.5 hours of continuing education before her license renewal deadline. Which of the following would satisfy her remaining 2.5-hour requirement?
- → A New York salesperson wants to open an independent brokerage office without associating with a sponsoring broker. Which licensing distinction determines whether that is permitted?
- → A New York broker receives client money that must be held separately from the broker's own operating funds. What type of account must the broker use under the DOS rule?
- → A New York applicant is selecting a path to complete the 77-hour pre-licensing requirement. Which listed method is not acceptable under New York law?
- → Maria, a New York real estate salesperson, received her license in January 2024. Her license is set to expire in January 2026. She has completed 18 hours of continuing education courses. How many additional CE hours must she complete to satisfy New York's renewal requirements?
- → Steven Garcia completed 18 hours of continuing education during 2025 and 2026. His license expires December 31, 2026. On December 20, 2026, he registers for a 6-hour course scheduled for January 10, 2027. What is his renewal status?
- → Under New York DOS regulations, what type of bank account must be used for holding client earnest money deposits?
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