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Ny License Law Dos RegulationsLicense_categoriesMEDIUM

A licensed real estate broker in New York wishes to affiliate with and work under another broker's firm. Under NY license law, which of the following correctly describes this arrangement?

Correct Answer

A) A broker may affiliate with another broker's firm by acting as an associate broker, but must place their own independent brokerage license on inactive status while doing so

Under NY Real Property Law §440 and DOS regulations, a licensed broker who chooses to work under another broker does so as an associate broker — not as a salesperson, which is a distinct and lower license classification. Critically, while serving as an associate broker under another firm, the licensee cannot simultaneously operate an independent brokerage. Their independent broker status must be placed on inactive status, because NY law requires every active broker license to be associated with a single supervising structure. A licensee cannot be both a principal broker of their own firm and an associate broker of another firm at the same time.

Answer Options
A
A broker may affiliate with another broker's firm by acting as an associate broker, but must place their own independent brokerage license on inactive status while doing so
B
A broker may simultaneously operate an independent brokerage and work as an associate broker under a separate firm without restriction
C
A broker who affiliates with another firm must surrender their broker license and reapply for a salesperson license
D
A broker is prohibited from ever affiliating with another broker's firm once they have obtained a broker license

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Related Topics & Key Terms

Key Terms:

dual_practiceindependent_brokerassociate_brokerconflict_of_interest

Related Concepts

Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.

An encroachment occurs when a building, structure, or improvement illegally extends onto another person's property or beyond a setback line. It is a physical intrusion, not a right to use the land.

An environmental impact statement (EIS) is a detailed report required for major federal projects or actions that may significantly affect the environment. It is mandated by the National Environmental Policy Act (NEPA).

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