3. Acknowledgments

86 DOS 94 Matter of DOS v. Lando - RPL §443 acknowledgement to be obtained by licensee involved in transaction; failure of proof that representative broker knew of RPL §443 violation or retained proceeds of transaction after knowledge, therefore no vicarious liability

96 DOS 94 Matter of DOS v. Demasi - failure to use RPL §443 disclosure notice for sales or rentals of 1-4 family house (33 rentals); reliance on MLS form no defense to or excuse for not using form in rental transactions; broker presumed to know the law; lack of knowledge, unlawful motive or fraudulent intent considered in assessing sanction; $500 fine

22 DOS 95 Matter of Tenteromano - complaint charges failure to obtain disclosure notices from tenant, rather than failure to obtain acknowledgments or to file declarations of refusal; complaint not amended to conform to proof as single exchange in hearing; not sufficient litigation of issue to warrant an amendment; lack of prior notice

26 DOS 95 Matter of Cepparo - complaint charges broker failed to provide disclosure form to tenant and to landlord and failed to obtain signed acknowledgments; evidence shows unnamed salesperson failed to do so; complaint does not charge broker is responsible for salesperson's failure or failure to properly supervise; as respondent was not present at hearing, pleading cannot be amended to conform to the proof; lack of notice; complaint dismissed

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Fourth quarter Legal Lines now available

The fourth quarter 2019 edition of NYSAR’s Legal Lines is now available online at This edition covers new DOS proposed regulations, emotional support animals in housing, Landlord discrimination and more. Learn more