45. Sales Associate as Officer of Company

Case 253, 273, 286 Matter of DOS v. DiDonato, Consent Order - sales associate held out as -licensed broker and acted as officer; restitution of commission; $4,500 fine

135 DOS 92 Matter of Lazar & Cambridge Mgmt. Corp. - salesperson may not be officer of corporation with which she is licensed

CRC #273 (286, 253) Matter of DOS v. Robert DiDonato, Consent Order held salesperson's license while an officer - $500

CRC #253 (286, 273) Matter of DOS v. Gena DiDonato, Consent Order - allowed unlicensed person to serve as corporate officer

88 DOS 93 Matter of Cappucilli - broker who fails to deliver commission to assignee guilty of conversion; failure to satisfy judgment without proof of inability to do so constitutes untrustworthiness; salesperson can't be corporate officer; engaging in business under corporate name while only licensed individually constitutes incompetency; satisfaction of judgment ordered as condition to re-licensure

CRC #400 Matter of Pozzanghera, Consent Order - failure to supervise in permitting use of trade name before being licensed and in permitting use of unlicensed branch office; failure to supervise associate brokers; improper licensure as representative broker when not a corporate officer; failure to execute termination of association cards; $7,000 fine

105 DOS 95 Matter of DOS v. Ralliford - RPL §441-b[2] does not allow salesperson to be officer; Reg. 175.22 does not allow salesperson to own voting stock in corporate broker of his association; approved study course not to be affiliated with or controlled by salesperson, Regs. 176.1 and 177.2; $1,000 fine

CRC #97-2765 Matter of DOS v. Livingston, Consent Order - engaging in unlicensed activity as an apartment information vendor; ordered to cease and desist; broker to immediately comply with RPL §441-b(2) prohibiting salesperson from serving as an officer of corporate broker and with 19 NYCRR §175.22 prohibiting a salesperson from owning voting shares of stock

122 DOS 98 Matter of DOS v. Hazor -- proper business practices; sales associate as officer of company; corporate broker dissolved by proclamation may only carry on business required for winding up its affairs; engaging in licensed activity and submitting license renewals after dissolution by proclamation constitutes fraudulent practices; failure to comply with DOS request to appear and for production of documents along with failure to comply with subpoena violates RPL §442-e (5); licensed salesperson violates RPL §441-b(2) when he serves as an officer of the corporation; brokers and salesperson’s licenses revoked

CRC #98-0504 Matter of DOS v. Freidman, Consent Order - salesperson ownership and operation of brokerage firm in violation of RPL §441-b(2); ownership of all voting shares of stock in violation of 19 NYCRR 175.22; commingling and converting funds; failure to supervise; voluntary surrender of licenses without right for application renewal for one year; restitution in the amount of $1,946.72 and $7,247.27

CRC #99-1209 Matter of DOS v. Santos, Consent Order - salesperson improperly owned and operated brokerage business and served as a corporate officer in violation of RPL §441-b(2) and improperly owned voting shares of stock in violation of 19 NYCRR 175.22; $2,000.00 fine, broker’s license to be issued upon payment of fine and satisfaction of all other license requirements

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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