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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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