New-York tribune., 1922-11-26
| license Law
Explailledto
Realty Men
commissioner Clears At
u,cspI1ere ON Points
That Have Bothered
Brokers and Owners

.soa< the gSa1 estase INCENSE laws IN
{ .as,ae,on N this state and in New
,.rssy BY Commissioner Vincent p.
j praaiev Of the New Jersey Commits
s,o, and ri S. McCagsey, of the New
Il va,t Commission, at the resumption Of
8 ,se,Y monthly dinner meetings at Del
\ nohiso's lsst week.
! Mr. asCsfrey said ON Tuesday night
.sss 1919 brokers and 5000 sales
NEE esd been licensed 70 transact
assiness. These licenses have brought
he state S230,700 in revenue, half of
I saics had been returned to the coun-
I les or cities from which it originated.
lew York City, for instance, received
$780, Westchester. $3,31o and Mas
4 sa Si,SS5. About 20 per cent of the
/ sgplieations were received from New
fwk City, and as the license fee here
1 i s25 about so per cent of the half
I earned came to New York.
4 Nr Bradley, of the New Jersey
Mrd of regulators, told the brokers
i 3ss the license law would eventually
q esee real estate men on the same foot
4 4as doctors and lawyers. Realtor-
u, he said, Is one of the oldest call
q sss in the business history of Amer
q b, yet no attempt until now has been
3 szde to regulate it. George Washing
d, he said, was real estate man, for
q i subdivided a section of Virginia.
q HI. McCaffrey in his talk brought
a 1t some points that seemed to clear
4 Il atmosphere for many. In the first
g pee Mr. McCaffrey explained that a
4 isl estate broker in the eyes of the
q ~ was one who, for another, per-
j luas certain acts. That means that
a owner of property may negotiate
ass and leases of his own property
4 Hthout license, but as soon as one
Il kgins to do such things for another
q i comes within the provisions of the
Il and is required to secure a license
j lie law does not allow single person
become interested in transaction.
4 b that is meant to do the preliminary
yptk in connection with the trans
4 gsion, with the thought in mind that
i the sale or lease goes through he
4 M then procure license. The mo-
asHt he begins the transaction he is
4 Foating the law unless he has a
4 ieense. An Individual, copartnership
e1 corporation or owner of property,
4 therefore, need not necessarily be
4 licensed, but must employ statesmen,
because the definition of salesman
4 ssys he is one who must be employed
M a real estate broker, and a person
vho Is not licensed broker cannot
employ sslesmen.
0sfaer Can Act for Himself
NrMcCaffrey said:
abulding company disposing of it's
sRr property likewise cannot employ
sesness unless it procure q license
asa real estate broker. A licensed
nsl estate broker who may see fit to
ksye his business temporarily and go
On yacation--leaves the locality Of
bis Office for the purpose of busi-
tess-and leaves some one in charge of
bis office who may be member of his
fsmily, or perhaps a friend or relative,
Unless the person left in eaarge is
licensed, he is violating the statute.
"a question arose as to whether
or not the managers and clerks in the
employ of an owner of hotel who
leased apartments and let his rooms TO
transient guests came within the stat
law never meant that hotel owner or
manager should be required to secure
alicense.
ooiVeA3fu uNS"- pt NY
licensed real estate broker.
superintendent, janitor or ele-
vator operator Of an apartment house
performing any OF the acts included in
the definition Of what constitutes a
real estate salesman is obliged to pro-
cure license; provided. of course, he
Is employed by licensed broker. If
nc represents the owner he is required
TO have brokers' license if the owner
Is not licensed,
III the same janitor, elevator man
or superintendent only incidentally
shows apartments, but does not nego-
tate leases, and the money that he is
psId as salary is for the performance
of other lines of work he has to do
Pertaining to the apartmentin other
Words, If collecting of rent is not a
part Of his duties, nor is showing of
apartments, but are incidental--the
commission has ruled that such a per-
son need not have license.
Status of Relative of Owner
AN immediate member of family
q an owner of an apartment or build
lng need not have license to collect
Nnt for the owner.
"a question which has brought US
sansiderable difficulty was to decide
shesher or not inside employees of g
kokerage office required license. We
ned in that case that should any of
aese employees perform any acts as
Meluded in the definition they would
g required to have licenses. Now,
! was not meant, of course, that
Eae sGenogrspher or typist in drawing
y lease, merely doing that on e
asehlne, nor was it meant that the
Mephone operator who answered an
aqalry in relation to particular
glese Of property should also have 8
aalesmen are required TO pay the
MsAse fee for the locality where they
IS located. A salesman who is en-
sossa permanently i'll So locality
ssss only pay the license fee for that
II S1iEy, s:y although the principal Office
eI.s. y employer is located in first
Jaw, as you know, applies to
aa;a;s.al city of the state and counties
ef fg,,,lag ona & city having population
sAs million or more.
49,, Office Not Required
,.o snsse IS nothing In the statute that
ates s.a broker to maintain an Office.
s;. san by that an Office outside of
asss Aonie, lie may conduct his busi-
IT, "a mis- home If he wishes, for as
:sss .sW now reads there is nothing in
ssna osatate that requires broker to
hcsnsos ous sign, although Il does say q
susi.. license must be conspicu-
asss s displayed in his place of bust
i sss, "a 70 the license fee in relation to
L i estate broker, the definition of |
Nsw 1ana 1a.ach IN our state like that in !