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Brokers Reference Manual

The nature of the real estate business requires the licensee to be understanding of marketing philosophies, advertising principles and communication techniques. It also is incumbent upon the practitioner to be aware of legal implications that impose themselves on many aspects of the real estate industry.

When writing an advertisement describing a property for sale, it is not enough to know what adjectives to use to create attention. It is also necessary to know which words or phrases could be considered discriminatory. Likewise, there are proper and improper practices when establishing independent contractual relationships between brokers and their salespersons.

The manual has been organized by topic. They have been selected as aspects mostly encountered in the operation of a real estate brokerage office and when serving in a fiduciary capacity assisting buyers and sellers.

Table of Contents

SECTION I: LICENSE LAW

Article 12-A: License Law for Brokers and Salespersons - (Source - DOS website) 
Compliance Review for Brokers 
Compliance Review for Salespersons
How to Conduct a Compliance Audit of the Brokerage Office 
Handling DOS Investigations 
Guide to Statutes and Rules Relating to Hearings - (Source - DOS website)

SECTION II: BROKER/SALESPERSON RELATIONSHIPS

Comparison of Classifications 
Independent Contractor Status 
Independent Contractor Agreement
* NYC Independent Contractor Agreement
Termination Agreement 
Personal Assistants

SECTION III: IN-HOUSE TRANSACTIONS

Please note: Revisions to this section are forthcoming

SECTION IV: ADVERTISING/PROMOTIONS

Real Estate Advertising Guidelines
Fair Housing and Real Estate Advertising
Advertising and Public Relations
Licensee Advertising 
Cold Calling Phone Regulations
Buyers And Sellers Incentives
Summary of FCC Regulations:"Telephone Cold Calling Regulations"

SECTION V: DEPOSITS

Handling of Deposits
Disputes: Use of Interpleader

SECTION VI: FAIR HOUSING/ADA

* Overview
   Summary of Important Fair Housing Laws 
   Americans with Disabilities Act Compliance Kit including a list of resources 
   Additional ADA information 
Practical Application Test on Fair Housing Regulations

SECTION VII: ENVIRONMENTAL ISSUES

Fuel Storage, Asbestos, Radon, Indoor Air Pollution, Lead, Electra Magnetic Fields, Formaldehyde
   Lead-Based Paint Regulations-What New York REALTORS Need to Know 
   EPA Lead-based Paint Fact Sheet (Source - EPA) 
   English EPA-Protect Your Family From Lead in Your Home (Source-EPA)
   Spanish EPA-Protect Your Family From Lead in Your Home (Source-EPA)
EPA-Interpretive Guidance for the Real Estate Community (Source-EPA PDF Format) 

Covers: The Requirements for Disclosure of Information Concerning Lead Based Paint in Housing 

SECTION VIII: LAND USE

Land Use Regulations
Local/Regional Checklist
Land Use Risk Management
   Land Disclosure Checklist 
Building Permit Checklist

SECTION IX: PROPERTY CONDITION DISCLOSURE

Overview of Components
   Suggested Form

SECTION X: SUGGESTED FORMS

   Listing Agreement
Suggested Listing Agreement Language
   Exclusive Right to Sell 
   Right to Represent Agreement 
Purchase and Sale
   Rider to Purchase and Sale

Featured Content

NYSAR Radio is back on November 21

NYSAR Radio, hosted by Director of Legal Services Anthony Gatto, Esq., will be live on-air on Tuesday, Nov. 21, at 10 a.m. The topic of the show will be agency as it relates to dual and designated agents. For more information on how to listen, click here.

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