47. Signs

90 DOS 93 Matter of Davis - broker required to use exact license name on signs; improper use of unlicensed trade name; prior violation; $500 fine or 1-month suspension

118 DOS 94 Matter of Fusco - DOS retains jurisdiction to adjudicate violations occurring during licensure; attorney who is licensed as broker does not need to post a sign unless he actually engages in the real estate brokerage business

818 DOS 05 DOS v. Cueto – disclosure of agency relationships; deposits; failure to pay judgment; signs; DOS failed to establish that broker failed to provide agency disclosure form to prospective buyer; broker deposited purchase deposit in her operating account, thereby commingling client funds; broker failed to pay small claims judgment even after unsuccessfully attempting to appeal it; broker failed to post a sign and maintain a definite place of business; broker fined $2,000.00 and license suspended until broker provides proof she has fully satisfied the judgment and has established a definite place of business and posted a sign thereon.

874 DOS 05 DOS v. Curanaj – disclosure of agency relationships; deposits; failure to cooperate with DOS investigation; signs; proper business practices; charge of failure to present purchaser with agency relationship disclosure form dismissed where evidence established only that purchaser did not recall whether she was presented with such a form; charge of failure to make a prompt refund is dismissed where purchaser did not make such a demand and when demand was made by DOS, it was complied with; broker failed to deposit client funds into segregated escrow account and commingled client’s funds with its own; broker submitted two applications for license renewal for corporate broker which was dissolved by proclamation and therefore nonexistent as a corporation at the time of renewal applications; broker failed to comply with DOS’s written request for information; broker failed to post and maintain a sign on its place of business; tribunal considers brokers’ prior history having previously admitted to mishandling and converting client funds, having failed to cooperate with an investigation and having consented to revocation of their licenses should they be found to have again violated Article 12-A or DOS’s regulations; brokers’ licenses revoked.

991 DOS 06 Matter of Levine – fraudulent practice, no business sign, unlicensed trade name, no place of business (RPL 441-a[3]), failure to cooperate, $3,000 fine

1893 DOS 07 Matter of Jablonski- failure to notify of change of address; failure to post a sign; opportunity to settle; $600 fine prior to any application for renewal

1411 DOS 08 Matter of MetroWorld Realty – broker; improper internal advertisement as “real estate consultant;” failure to maintain sign RPL 441-a(3); improper advertising of listed with firm that is not listing broker (175.10); failure to supervise (175.21[a]), but absence due to medial reasons is mitigating factor; reprimand of broker; revoke license of associate broker

192 DOS 09 Matter of Rokosz – broker; prior civil suit; decision vacated; failure to post sign RPL §441-a(3); reprimand

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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