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Ny License Law Dos RegulationsLicense_categoriesMEDIUM

A New York licensed real estate salesperson wants to conduct real estate brokerage activities through a newly formed LLC. Which statement correctly describes the licensing requirements that must be satisfied before the LLC may lawfully operate?

Correct Answer

B) The LLC must obtain a real estate broker license, and the qualifying individual applying on the LLC's behalf must themselves hold a broker license

Under NY RPL §440-a and DOS regulations, any entity conducting real estate brokerage must hold a real estate broker license. To qualify an LLC for a broker license, the individual applying on the entity's behalf must hold a personal real estate broker license — a salesperson license is insufficient. This means the salesperson in this scenario would first need to obtain a broker license before they could serve as the qualifying licensee for the LLC's broker license application.

Answer Options
A
The LLC may operate under the salesperson's existing individual license, provided the salesperson is the sole member
B
The LLC must obtain a real estate broker license, and the qualifying individual applying on the LLC's behalf must themselves hold a broker license
C
The LLC must register with the DOS as a business entity, after which it may conduct brokerage under the supervising broker's license
D
The LLC may obtain a salesperson license in its own name, allowing it to operate under an affiliated licensed broker

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Related Topics & Key Terms

Key Terms:

LLCentity_licensingbroker_licensebusiness_entity

Related Concepts

Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.

Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.

A certificate of occupancy (CO) is an official document issued by the local building department certifying that a building complies with building codes and is safe for occupancy. It is required before a building can be legally occupied.

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