NY Real Prop L § 440 (2021)
2021 New York Laws RPP - Real Property Article 12-A - Real Estate Brokers and Real Estate Salesmen 440 - Definitions.

§  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 his or her 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 salesmen. 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   corporation.3. "Real estate salesman" 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   altered.5. "Association, associated; or associated with" whenever used in this   article shall be deemed to make reference to a  salesman's  relationship   with  his  or  her  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.  Such  individual shall retain his or her 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 salesmen. 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.