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A licensed real estate broker in New York wants to conduct live auctions of commercial properties on behalf of sellers. Which of the following correctly describes the licensing requirements for this activity?

Correct Answer

B) The broker must obtain a separate auctioneer license in addition to the real estate broker license, because both licenses are required to conduct real estate auctions

In New York, conducting real estate auctions requires both a real estate broker license (to handle the brokerage aspects of the transaction under RPL §440) and a separate auctioneer license issued under New York General Business Law Article 28-B. Neither license alone is sufficient to legally perform both functions.

Answer Options
A
The broker's existing real estate license is sufficient, because auctioning real property is considered a standard brokerage activity under New York law
B
The broker must obtain a separate auctioneer license in addition to the real estate broker license, because both licenses are required to conduct real estate auctions
C
The broker must surrender the real estate license and obtain only an auctioneer license, since auction activities supersede brokerage activities
D
No additional licensing is required as long as the broker partners with a licensed auctioneer who conducts the auction on the broker's behalf

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Related Topics & Key Terms

Key Terms:

auctioneer_licensedual_licensingcommercial_auctionsspecialized_activity

Related Concepts

Spot zoning is an illegal or improper rezoning of a small parcel of land that is inconsistent with the surrounding zoning and the comprehensive plan. It benefits an individual owner rather than the community as a whole.

Subdivision regulations are local government rules that control the division of land into smaller parcels for development or sale. They ensure proper infrastructure, lot sizes, and public improvements are provided.

A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.

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