dliu1/legal-llama-raw-text huggingface dataset:
§  430.  Penalties  for fraudulent acts or false certificates. Whoever
fraudulently procures  or  assists  in  fraudulently  procuring,  or  is
intentionally  privy to the fraudulent procurement of any certificate of
title or other instrument, or of any entry in the registration or  other
book  kept in the registrar's office, or of any erasure or alteration in
any entry in said book, or in any instrument authorized by this act,  or
knowingly  defrauds,  or is intentionally privy to defrauding any person
by means of a false or fraudulent instrument, certificate, statement  or
affidavit, affecting registered land, shall be guilty of a felony.
§  431.  Forgery  and fraudulent stamping; penalty. Whoever forges, or
procures to be forged, or assists in forging, the seal of the registrar,
or the name, signature, handwriting of any officer  of  the  registrar's
office;  or fraudulently stamps or procures to be stamped, or assists in
stamping, any document with any forged seal of said registrar, or forges
or procures to be forged, or assists in forging, the name, signature  or
handwriting  of  any  person  whomsoever,  to  any  instrument  which is
expressly or impliedly authorized to be signed by such person,  or  uses
any  document upon which any impression or part of the impression of any
seal of said registrar has been forged, knowing the same  to  have  been
forged,  or any document the signature to which has been forged, knowing
the same to have been forged, or swears falsely concerning any matter or
proceeding made or done in pursuance of this article, shall be guilty of
a felony.
§  432.  Fees  to  be  charged. The following fees shall be charged by
registrars for the various services performed pursuant to this article:
(a) Filing the notice of petition, including entering it in the  entry
book,  indexing  it  in  all  indexes,  and  entering  it in the tickler
certificate book, twenty-five dollars.
(b) Filing the survey, map or plan  of  the  land  to  be  registered,
twenty dollars.
(c)  Filing  any  survey,  map  or plan of registered land showing any
subdivision or partition thereof, ten dollars.
(d) Filing, entering and indexing in all indexes any  deed,  lease  or
muniment of title, ten dollars.
(e)  Filing,  entering  and  indexing  in all indexes any deed for the
transfer of registered land, or of any interest therein,  including  the
issuance of the transfer certificate of title, eighteen dollars.
(f)  Filing,  entering  and  indexing  in  all indexes any mortgage of
registered land or of any part  thereof,  certifying  and  delivering  a
registration copy thereof, eighteen dollars.
(g)  In  addition  to  the fee provided for in subdivision (f) of this
section, there shall be charged the fees now fixed by law for  preparing
and certifying certified copies of documents or records.
(h)  Filing,  entering  and  indexing  in  all indexes any assignment,
modification, subordination, extension or satisfaction of a mortgage  of
registered land, twelve dollars.
(i)  Filing,  entering  and  indexing  in  all indexes any other lien,
incumbrance or charge pending registration or subsequent thereto, twelve
dollars.
(j) Filing, entering  and  indexing  in  all  indexes  any  instrument
cancelling  any  lien,  incumbrance or charge on a certificate of title,
twelve dollars.
(k) In addition to the charges provided for under subdivisions (i) and
(j) of this section, there shall be charged a fee of fifty  dollars  for
each  additional certificate of title upon which any instrument creating
or discharging any  lien,  encumbrance  or  charge  is  required  to  be
entered.
(l) Filing, entering and indexing in all indexes the certified copy of
the final order and judgment of registration and issuing the certificate
of title in accordance therewith, twenty dollars.
(m) In addition to the fee provided for in subdivisions (e) and (l) of
this  section,  there  shall  be  charged a fee of five dollars for each
additional parcel where two or more separate parcels are  combined  into
one certificate.
(n)  Filing  and  entering  an application for a new owner's duplicate
certificate of title where the same has  been  lost  or  destroyed,  and
issuance of such new certificate, fifteen dollars.
(o)  Preparing  and  issuing any new certificate of title where two or
more adjoining parcels of registered land are combined into  one  parcel
by  the same owner; or where one parcel of registered land is subdivided
into two or more  parcels  by  the  owner,  for  each  new  certificate,
eighteen dollars.
(p)  Services  of the official examiner of title, one-tenth of one per
centum of the value of the property on the basis of the last  assessment
for local taxation, and twenty dollars in addition thereto.
(q)  Furnishing  printed  forms or for any services for which fees are
not herein specified such reasonable charges as  may  be  fixed  by  the
registrar subject to the revision of the court.
One-half of the fees received by the registrar under subdivisions (e),
(f),  (h),  (i),  (j)  and  (o)  of  this  section  shall be paid to the
treasurer of the county  (in  New  York  city  to  the  commissioner  of
finance),  to be credited to the assurance fund provided by section four
hundred twenty-six of this article.
§  433.  Construction  of  article.  This  article  shall be construed
liberally, so far as may be necessary for the purpose of  effecting  its
general intent.
§  434.  Form  for official examiner's report of title. The examiner's
report of title shall be in appropriate form to set  forth  the  matters
required  by  this article. The registrar of any county is authorized to
have forms prepared and printed for the examiner's report of  title  and
for any other papers required by this article and shall furnish the same
to  applicants  without  charge  or for such reasonable charge as may be
fixed by the registrar. Such forms and the charge to  be  made  therefor
shall be subject to the revision of the court.
§  435.  Form  for  certificate  of title. The registrar's certificate
title shall be in the following form:
No. .......                                 First registered ...........
CERTIFICATE OF TITLE.
(First Certificate) or (Transfer from No. ............) ..............
State of New York,}
}ss.:
County ..........,}
of (residence, and if a minor give his age; if under  other  disability,
state  the  nature  of the disability); is the owner of an estate in fee
simple (or as the case may be) in the following land (here describe  the
premises)  subject  to  the estates, easements, incumbrances and charges
hereunder noted. (In case of trust, condition  or  limitation,  say  in
trust or upon condition or with limitation, as the case may be.)
Witness my hand and official seal this (date).
(Seal)                                        ......................,
Registrar.
MEMORIALS
of  estates,  easements  and  charges on the land described in the above
certificate of title.
Document |       | Running in |      |   Date of    |  Signature
number  | Kind  |  favor of  | Terms| registration | of registrar
_________|_______|____________|______|______________|___________________
|       |            |      |              |
§  436.    Termination of title registration procedures. 1. As used in
this section:
a. Adverse instrument means any document, instrument or  paper  that
adversely  affects,  but  does  not  convey, the fee title to registered
land, and the validity of which is not  dependent  upon  consent  by  an
owner  of  the  registered  land  or some person claiming by, through or
under that owner. Adverse instruments include, but are not  limited  to,
mechanics'  lien  claims,  judgments,  and lis pendens notices.  Adverse
instruments do not include sheriff's deeds,  marshall's  deeds,  or  tax
deeds.
b. Voluntary instrument means any document, instrument or paper that
either  conveys  the  fee  title  to registered land or affects title to
registered land and the validity of which is dependant upon  consent  by
an  owner of the registered land or by some person claiming by, through,
or under that owner. Voluntary instruments include, but are not  limited
to,  deeds,  including  tax deeds, sheriff's deeds and marshall's deeds,
mortgages, assignments of mortgage, leases and  grants  of  easement  or
c.  Registered  land  means  real  property  and  interests  in real
property, which have been registered under this article.
d. Registrar's certificate of title means a document issued pursuant
to section three hundred ninety-four of this article.
2. On and after the effective date of this section, no title  to  land
may  be  registered  under this article.   Provided, however, that every
certificate of title or instrument affecting title filed  prior  to  the
effective  date  of  this  section  shall  be registered pursuant to the
3. On or after the effective date of this section and  before  January
first, two thousand, the registrar shall accept only adverse instruments
which he or she shall register pursuant to this article.
4. On and after the effective date of this section the registrar shall
refuse  to  accept  for  registration any instrument that is a voluntary
instrument.  Instead of accepting such instruments for registration, the
registrar shall upon payment of the statutory recording fee, deliver  to
the  county  clerk,  or  in the counties of Bronx, Kings, Queens and New
York, the register for recording each current certificate  of  title  to
all  lands  affected  by  that  voluntary  or adverse instrument. Before
delivering the certificate, the registrar shall memorialize or  note  on
the  certificate  any  instruments  relating  to  incumbrances, charges,
trusts, liens and transfers that have been filed with the registrar that
have not been memorialized or noted.  A certificate of  title  shall  be
delivered in the form required for recording.
5.  On  or  before  January  first,  two  thousand the registrar shall
deliver to the county clerk, or in the counties of Bronx, Kings,  Queens
and  New  York,  the register for recording the certificates of title of
all remaining land which was previously registered under  this  article.
Before delivering those certificates, the registrar shall memorialize or
note  on  the  certificates  any  instruments  relating to incumbrances,
charges, trusts, liens and transfers  that  have  been  filed  with  the
registrar  and  that  have  not  yet  been  memorialized  or  noted.   A
certificate of title  shall  be  delivered  in  the  form  required  for
recording.
6.   As of the date of recording of certificates delivered pursuant to
subdivision four or five of  this  section,  the  recorded  certificates
shall  be  subject  only  to  incumbrances,  charges,  trusts, liens and
transfers as may be memorialized or noted on the certificate,  and  free
from  all  others except those set forth in section four hundred of this
After  the  recording  of  certificates  which  are  delivered   under
subdivisions  four  and  five  of  this section, title to lands shall be
conveyed or encumbered in the same manner as set forth in  article  nine
of  this  chapter.    All  instruments  noted  or  memorialized  on  the
certificates  of  title so recorded shall have the same force and effect
as if they were filed with the county  clerk,  or  in  the  counties  of
Bronx,  Kings,  Queens  and New York, the register at the time they were
noted or were otherwise memorialized on the certificates of title.    No
instrument,  however, that was filed, docketed or recorded by the county
clerk, or in the counties of Bronx, Kings,  Queens  and  New  York,  the
register,  but  that  was  not  duly  registered,  shall  become a lien,
incumbrance, trust or charge  against  any  title  which  was  delivered
pursuant  to  subdivisions  four  and  five of this section, unless such
instrument was filed, recorded or docketed after the date such title was
recorded, provided, however, that a judgement  docketed  by  the  county
clerk  prior  to  the  time a certificate of title was recorded shall be
valid as against such land if the  landowner  received  notice  of  such
7.  Recording of a certificate of title under subdivision four or five
of this section, shall not disturb the effect of any  proceedings  under
the  registry  system  where  the question of title to the real property
registered under this  article  has  been  determined.  All  proceedings
concerning  the registration of title before delivery to the appropriate
office  under  subdivision  four  or  five  of  this  section,  and  all
provisions of this article that relate to the status of the title, shall
have continuing force and effect with respect to the period of time that
title  remained  under the registry system. Those provisions giving rise
to a right of action for damages against the county shall also  continue
in  force  and  effect  with  respect  to  the period of time that title
remained under the registry system.
8. Nothing contained in this section terminates, diminishes or impairs
any existing right in or pertaining to registered land or  any  existing
right  to  resort  to  the  assurance  fund  created under sections four
hundred twenty-six through four hundred twenty-nine of this article  and
that  right may be asserted and enforced in the same manner, to the same
extent, and subject  to  the  same  limitations  as  provided  in  those
9.  No  claim  shall  be  made  based  upon  prescription  or  adverse
possession for land which was recorded under subdivision four or five of
this section and which was  previously  registered  under  this  article
until after such time as the property is transferred or conveyed and the
elements of such claims may be established against a subsequent owner.
ARTICLE 12-A
REAL ESTATE BROKERS AND REAL ESTATE SALESPERSONS
Section 440.   Definitions.
440-a. License    required   for   real   estate   brokers   and
salespersons.
440-b. Licenses in Putnam county.
441.   Application for license.
441-a. License and pocket card.
441-b. License fees.
441-c. Revocation and suspension of licenses.
441-d. Salesperson's  license   suspended   by   revocation   or
suspension of employer's license.
441-e. Denial of license; complaints; notice of hearing.
441-f. Judicial review.
442.   Splitting commissions.
442-a. Compensation of salespersons; restrictions.
442-b. Discontinuance  or  change  of salesperson's association;
442-c. Violations by salespersons; broker's responsibility.
442-d. Actions for commissions; license prerequisite.
442-e. Violations.
442-f. Saving clause.
442-g. Nonresident licensees.
442-h. Rules of the secretary of state.
442-i. State real estate board.
442-j. Effect of invalid provision.
442-k. Powers and duties of the state real estate board.
442-l. After-the-fact referral fees.
443.   Disclosure regarding  real  estate  agency  relationship;
443-a. Disclosure obligations.
§  440.  Definitions.  1.  Whenever  used in this article real estate
broker  means  any  person,  firm,   limited   liability   company   or
corporation,  who,  for  another  and  for  a  fee,  commission or other
valuable consideration, lists for sale, sells, at auction or  otherwise,
exchanges,  buys or rents, or offers or attempts to negotiate a sale, at
auction or otherwise, exchange, purchase  or  rental  of  an  estate  or
interest  in  real  estate, or collects or offers or attempts to collect
rent for the use of real estate, or negotiates or offers or attempts  to
negotiate,  a  loan secured or to be secured by a mortgage, other than a
residential mortgage loan, as defined in section five hundred ninety  of
the  banking  law, or other incumbrance upon or transfer of real estate,
or  is  engaged  in  the  business  of  a  tenant  relocator,  or   who,
notwithstanding  any  other  provision of law, performs any of the above
stated functions with respect to  the  resale  of  condominium  property
originally  sold  pursuant to the provisions of the general business law
governing real  estate  syndication  offerings.  In  the  sale  of  lots
pursuant  to  the provisions of article nine-A of this chapter, the term
real  estate  broker  shall  also  include  any  person,  partnership,
association  or  corporation  employed  by  or on behalf of the owner or
owners of lots or other parcels of real estate, at a stated  salary,  or
upon  a  commission,  or  upon a salary and commission, or otherwise, to
sell such real estate, or any parts thereof, in lots or  other  parcels,
and  who  shall  sell  or  exchange,  or  offer  or  attempt or agree to
negotiate the sale or exchange, of  any  such  lot  or  parcel  of  real
estate.  For  purposes  of  this subdivision the term, interest in real
estate shall include the sale of a business wherein the  value  of  the
real estate transferred as part of the business is not merely incidental
to the transaction, and shall not include the assignment of a lease, and
further,  the  transaction itself is not otherwise subject to regulation
under state or  federal  laws  governing  the  sale  of  securities.  In
connection  with  the  sale  of a business the term real estate broker
shall not include a person, firm or corporation registered  pursuant  to
the  provisions of article twenty-three-A of the general business law or
federal securities laws.
2. Associate real estate broker means a licensed real estate  broker
who  shall  by  choice  elect  to work under the name and supervision of
another individual broker or another broker  who  is  licensed  under  a
partnership,  trade name, limited liability company or corporation. Such
individual shall retain  their  license  as  a  real  estate  broker  as
provided  for  in  this article; provided, however, that the practice of
real estate sales and brokerage  by  such  individual  as  an  associate
broker  shall  be governed exclusively by the provisions of this article
as they pertain to real estate salespersons.  Nothing  contained  herein
shall  preclude  an individual who elects to be licensed as an associate
broker from also retaining a separate real estate broker's license under
an individual, partnership, trade name,  limited  liability  company  or
3. Real estate salesperson means a person associated with a licensed
real  estate broker to list for sale, sell or offer for sale, at auction
or otherwise, to buy or offer to buy or to  negotiate  the  purchase  or
sale  or  exchange of real estate, or to negotiate a loan on real estate
other than a mortgage loan as defined in section five hundred ninety  of
the  banking  law,  or to lease or rent or offer to lease, rent or place
for rent any real estate, or collects or offers or attempts  to  collect
rent  for  the  use  of real estate for or in behalf of such real estate
broker, or who, notwithstanding any other provision of law, performs any
of  the  above  stated  functions  with  respect  to  the  resale  of  a
condominium  property  originally sold pursuant to the provisions of the
general business law governing real estate syndication offerings.
4.   Tenant   relocator   means   any   person,  firm,  corporation,
partnership, limited liability company or any legal  entity  whatsoever,
which,  for  another  and  for  a  fee,  commission  or  other  valuable
consideration, supervises, organizes, arranges, coordinates, handles  or
is  otherwise  in  charge  of  or  responsible  for  the  relocation  of
commercial or residential tenants from buildings or structures that  are
to  be  demolished,  rehabilitated,  remodeled or otherwise structurally
5. Association, associated; or associated with whenever used in this
article  shall  be  deemed  to  make  reference   to   a   salesperson's
relationship  with their broker. Nothing in this article shall be deemed
or construed to be indicative or determinative of the legal relationship
of a salesperson to a broker nor shall any provision of this article  be
deemed   or   construed   to   alter   or  otherwise  affect  the  legal
responsibility of a real estate broker to third parties for the acts  of
anyone associated with such broker pursuant to this article.
6.  Office manager means a licensed associate real estate broker who
shall by choice elect to work as an office manager under  the  name  and
supervision  of  another  individual  broker  or  another  broker who is
licensed under a partnership, trade name, limited liability  company  or
corporation.  An  associate real estate broker shall be required to have
been active as a licensed associate broker for at least two of the  four
years  preceding appointment as an office manager. Such individual shall
retain their license as a real estate broker as  provided  for  in  this
article  and  shall be required to exercise the same duty of supervision
over salespersons and  associate  brokers  as  a  licensed  real  estate
broker;  provided,  however,  that the practice of real estate sales and
brokerage by such individual as an associate broker  shall  be  governed
exclusively  by  the  provisions of this article as they pertain to real
estate  salespersons.  Nothing  contained  in  this  subdivision   shall
preclude an individual who is licensed as an associate broker who elects
to  work as an office manager from also retaining a separate real estate
broker's license under an individual, partnership, trade  name,  limited
liability company or corporation.
§ 440-a. License required for real estate brokers and salespersons. No
person,  co-partnership,  limited liability company or corporation shall
engage in or follow the business or occupation of, or hold themselves or
itself out or act temporarily or otherwise as a real  estate  broker  or
real  estate salesperson in this state without first procuring a license
therefor as provided in this article. No person shall be entitled  to  a
license  as  a  real  estate  broker  under  this  article, either as an
individual or as a member of a co-partnership, or as a member or manager
of a limited liability company or as an officer of a corporation, unless
they are twenty years of age or over. No person shall be entitled  to  a
license  as a real estate salesperson under this article unless they are
over the age of eighteen years. No person shall be entitled to a license
as a real estate broker or real estate salesperson  under  this  article
who has been convicted in this state or elsewhere of a crime, unless the
secretary  makes  a finding in conformance with all applicable statutory
requirements, including those contained in article twenty-three-A of the
correction law, that  such  convictions  do  not  constitute  a  bar  to
licensure.  No  person  shall  be entitled to a license as a real estate
broker or real estate salesperson under this article who does  not  meet
the requirements of section 3-503 of the general obligations law.
Notwithstanding  anything  to  the  contrary  in  this section, tenant
associations and not-for-profit corporations authorized  in  writing  by
the  commissioner of the department of the city of New York charged with
enforcement of the housing maintenance  code  of  such  city  to  manage
residential  property  owned  by  such  city  or appointed by a court of
competent jurisdiction to manage residential property owned by such city
shall be exempt from the  licensing  provisions  of  this  section  with
respect to the properties so managed.
§  440-b.  Licenses  in  Putnam  county. On and after the first day of
July,  nineteen  hundred  thirty-four,  no  person,   copartnership   or
corporation  shall engage in or follow the business or occupation of, or
hold themselves or itself out temporarily or otherwise as a real  estate
broker or real estate salesperson in the county of Putnam, without first
procuring  a  license  therefor as provided in this article, except that
such license in such county shall be granted  and  issued,  without  the
written examination provided in this article, to a person, copartnership
or  corporation  who  was engaged in business as a real estate broker or
real estate salesperson in  such  county  prior  to  the  first  day  of
January, nineteen hundred thirty-four.
§   441.   Application   for   license.   1.  Form.  (a)  Any  person,
copartnership, limited liability company or corporation desiring to  act
as  a  real estate broker or any person desiring to act as a real estate