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18. Evidence of "qualifying" experience

113 DOS 91 Matter of Burrows - evidence of qualifying activities must be submitted to Division of Licensing Services, not raised for first time at hearing; license denied without prejudice to new application, which provides licensing services an opportunity to investigate

36 DOS 92 Matter of Sneider - failure to furnish records (175.21[b]) and establish either supervised activities as sales associate or qualifying experience as principal

39 DOS 92 Matter of Burkhardt - despite failure to furnish documents, testimony of substantial experience accepted

106 DOS 93 Matter of DOS v. Jafri - applicant fails burden of proof - although the non-availability of former broker's records and his own records (in his former home, but off limits due to matrimonial order of protection) may not be his fault - he has not presented sufficient substantive evidence; application for brokerage license denied without prejudice to reapplying

107 DOS 93 Matter of DOS v. Skudrna - applicant fails burden of proof - applicant's claim of listing denied by his broker without rebuttal; no proof of claims of renting cooperative apartments; claim of working as sales associate after expiration of his license reflect negatively on applicant's credibility, as does different names on purported leases that in the list of claimed transactions submitted with the application

49 DOS 95 Matter of Leland - point system; no qualifying experience for time spent as sales associate where no listings taken; no sales or rentals made and no financing arranged; hearing held where applicant made defective request for adjournment (which was not granted); applicant fails to appear; decision to deny is final

728 DOS 00 Matter of Alonge - proof of qualifying experience; evidence of “qualifying” experience; applicant for broker’s license must establish that he either participated in the general real estate brokerage business as a licensed real estate salesperson under the supervision of a licensed broker for a period of not less than one year, or that he has equivalent experience in general real estate business for a period of at least two years; applicant failed to have the requisite one year salesperson experience and failed to establish qualifying equivalent experience; equivalent experience does not include homebuilding, obtaining a subdivision approval, obtaining a zoning variance, obtaining a renovation permit or obtaining a permit for an addition; applicant fails to provide evidence of how many tenants’ rents were collected from and for how many years and therefore no credit can be given for this equivalent experience; application for brokers license denied

998 DOS 07 Matter of Jones- Appraiser Assistant; false affirmation of continuing education; no statutory duty to cooperate; revocation

999 DOS 07 Matter of Stacy- Salesperson; duty to cooperate; DOS fails burden of proof as to failure to complete continuing education and false statement, as no appearance by respondent; fine of $1,000 and suspension until fine paid and proof of compliance with continuing education requirements is filed

1039 DOS 07 Matter of Gordienko- Salesperson; claim of false statement dismissed in interest of justice where false answer due to clinical depression and applicant financially unable to pay fine

1063 DOS 07 Matter of Antiaobong- Appraiser Assistant; incompetency; substantial error; revocation

1345 DOS 07 Matter of Wenger- Appraiser; audit of continuing education; failure to respond is willful misconduct; revocation

1359 DOS 07 Matter of Turkel- Salesperson; failure to establish continuing education; suspension until provide proof of completion of continuing education

320 DOS 08 Matter of Moussa – appraiser assistant; continuing education; 7-hour USPAP update; suspension without proof of completion

87 DOS 09 Matter of Cort – salesperson; CE; failure of evidence of proper notice of hearing; charge dismissed

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Third quarter Legal Lines now available

The third quarter 2018 edition of NYSAR’s Legal Lines is now available online at NYSAR.com. This edition covers what a broker's agent actually is, the legal issues related to social media use, conditional approval for financing is not a mortgage commitment and more. Learn more

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