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46. Sales Associate Receives Compensation from Other than Broker

CRC #292 Matter of DOS v. Skverchak, Consent Order - unlicensed real estate activities; sales associate receipt of compensation from person other than broker with whom associated; restitution of unearned commission and $3,000 fine

47 DOS 94 Matter of DOS v. Carroll - DOS jurisdiction after expiration of license if applicant for renewal or eligible to automatically renew under two-year provision of RPL §441(2); salesperson who sues client for commission violates RPL §442-a; failure to cooperate with investigator violates RPL §442-e(5)

CRC #95-0360 Matter of DOS v. Schmidt, Consent Order - licensee unlawfully received a real estate commission from someone other than his employing broker in violation of RPL §442-a; restitution of $7,875.00, plus interest; $1,000 fine

787 DOS 07 Matter of Cruz- Failure to provide RPL§443 agency disclosures to seller and to buyer; salesperson receipt of commission in violation of RPL§442-a; $500 Fine and restitution of commission to broker

2250 DOS 07 Matter of Taylor- salesperson; unlicensed activity under unlicensed name other than broker with who associated; improper collection of compensation from other broker; unlicensed apartment information vendor-listing room for rent; salesperson license revoked

189 DOS 09 Matter of Winzone Realty – broker; agency disclosure; listing agreement without 175.24 definition of exclusive listings; failure to cooperate; salesperson seeking direct compensation; dishonest completion of forms; notice of mechanic’s lien; revocation

301 DOS 09 Matter of Skepple – salesperson; agency disclosure; improper direct receipt of commission from other broker RPL §442-a; revocation

433 DOS 09 Matter of Poto – associate broker; direct receipt of commission; misrepresentation; failure to pay judgment; revocation and restitution if reapply

527 DOS 09 Matter of Burshtein – failure to provide agency disclosure; commission from other than broker; failure to cooperate with DOS; failure to supervise; dismissal

619 DOS 09 Matter of Miller – failure to provide agency disclosure; undisclosed dual agency; self-dealing; breach of fiduciary duties; commission claim from other than broker; failure to supervise; complaint dismissed

661 DOS 09 Matter of Demmo – unlicensed activity; commission from other than broker; failure to cooperate with DOS; $2,000 fine

1104 DOS 09 Matter of Rossi – broker; agency disclosure; accept deposit without authority, vacate business premises without notice to DOS; held out as broker associated with unrelated broker; failure to maintain definite place of business; revocation and no relicensure until repay of deposits with interest

1225 DOS 09 Matter of Aaron – agency disclosure; vacated licensed address without notifying DOH RPL §441-a[3]; relocation without DOS approval; 19 NYCRR (175.20[d]); held out as associate with other firm without license; $250 fine or 3-month suspension

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First quarter Legal Lines now available

The first quarter 2018 edition of NYSAR’s Legal Lines is now available online at NYSAR.com. This edition covers commission issues, a New York State Supreme Court ruling on unsigned letters not creating a contract, support animals and more. Learn more

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