New York State Real Estate License Requirements

You must be 18 years of age or older.
You cannot have been convicted of a felony.
You must be a permanent resident of the United States.
You must complete the 75 hour Salesperson’s Qualifying Course.
You must pass the New York State Licensing Exam.
You must have a sponsoring broker.

Recent changes in the license law (as of July 1st, 2008) require that:

Real Estate licensees are required to successfully complete 22.5 hours of approved real estate continuing education within their two year license term, prior to renewal. Effective for renewals on or after July 1, 2008, the 22.5 hours must include at least three hours of instruction pertaining to fair housing and/or discrimination in the sale or rental of real property or an interest in real property.
 
There is also now a statutory definition of office manager.  This is  a licensed associate real estate broker who elects to work as an office manager under the name and supervision of another individual broker or one who is licensed under a partnership, trade name, limited liability company or corporation. It provides that a branch office may be under the supervision of a duly appointed office manager or (as before) the direct supervision of the broker.

The new law increases educational requirements by requiring an applicant for a real estate broker’s license to furnish proof of attending at least 120 hours, formerly 90 hours, of approved real estate courses and that the applicant has actively participated in the general real state brokers business as a licensed real estate salesman under the supervision of a licensed real estate broker for a period of not less than two years, formerly one year, or has had equivalent experience in general real estate business for a period of at least three years, formerly two years.

The new law also eliminated the current exemption from continuing education requirements for those brokers licensed after the effective date (July of 2008) who do not have fifteen years of consecutive licensure by that time.

Real estate license identification cards shall now need to contain a photograph of the licensee, and the minimum age for a broker has been raised to twenty years.

Frequently Asked Questions Regarding Salesperson and Real Estate Broker Licensure
Source:  NYS Department of State Division of Licensing Services

Do I need to be licensed?
Generally, Article 12-A of the Real Property Law provides that anyone who, on behalf of another and for a fee, 1) negotiates a sale, exchange or rental of real property, 2) collects rent, or 3) negotiates a commercial loan secured by a mortgage must be licensed as a real estate broker.

What is the difference between a real estate broker and a real estate salesperson?
A real estate broker is responsible for the supervision and conduct of the real estate brokerage business. He or she applies for and holds the license on behalf of the brokerage. This person is known as the "representative broker." A real estate salesperson works for and is supervised by the representative broker. The salesperson acts as the representative broker's agent. All listings, although perhaps negotiated by a salesperson, are accepted by the representative broker.

How do I become a real estate salesperson or broker?
In order to qualify for licensure as a real estate salesperson, an applicant must have satisfactorily completed a 75 hour salesperson qualifying education course in real estate approved by the Secretary of State, and have passed a qualifying examination administered by the Department.

In order to qualify for licensure as a real estate broker, an applicant must have at least two years of experience as a licensed real estate salesperson or at least four years of experience in the general real estate field (e.g., buying and selling your own property, managing property owned by your employer), have satisfactorily completed both the qualifying salesperson course of 75 hours and an additional 45 hour real estate broker course as approved by the Secretary of State, and have passed a qualifying examination administered by the Department.

Who licenses mortgage brokers?
Anyone who negotiates or attempts to negotiate any mortgage loan other than a mortgage loan on residential property, in the state of New York, is required to be licensed as real estate broker, or as a salesperson associated with a real estate broker. This license is issued by the NYS Department of State.
To negotiate a mortgage loan on residential property (one to four family building) registration with the New York State Banking Department is required.

If I am a real estate management company, do I need a real estate broker's license?
That depends on what services you provide. If you collect rent or place tenants in vacant spaces on behalf of your landlord client, the answer is yes. If, on the other hand, your services are strictly maintenance, the answer is no. you are not acting as a fiduciary (not handling another person's money).

Whom do I call if I am not sure whether I completed my 22.5 hours of continuing education during my license term?
Contact the school(s) you attended. Schools are required by law to maintain course completion records for three years. You may request duplicate certificates from the school(s) in the event you are audited.

In order to renew my salesperson license, I completed the 45-hour broker qualifying course. Can I apply the extra 22.5 hours to my next license term?
No. The law clearly states that continuing education must be completed within each license term.

I could not complete the continuing education, but I wish to renew my license anyway. Can I apply for an extension?
Please refer to §177.6 in the real estate law booklet. Extensions will only be granted in bona fide hardship cases. You must submit the following, preferably prior to your license expiration: a written request for the extension, completed renewal form, fee, and original documentation demonstrating your hardship; i.e., medical documentation.

I think I might be exempt, but I am not sure when I originally became licensed. Can you tell me when I was first licensed?
No.   If you did not qualify for exemption prior to July 1st, 2008, you will not ever qualify for an exemption. 

What happens if I do not complete my continuing education and don't renew my license?
If you do not renew your license, you cannot conduct any real estate activities that require a New York State real estate license in accordance with Article 12-A of the Real Property Law. There are no grace periods that allow you to continue working while not licensed. You have two years from the date your license expires to renew your license. If you fail to renew within that period, you will be required to pass the state written examination. No continuing education will be required to repeat the licensing process again.

If you are applying for your broker's license, you must submit ORIGINAL proof of your 75-hour salesperson course and 45-hour broker course, or a copy of your expired broker's license.

What are the advertising guidelines for business cards?
Understanding that a business card is a form of advertisement, it must conform to the general advertising standards. It must be truthful and not misleading. To avoid consumer confusion a business card must include at least the following information:
* The name and address of the brokerage as licensed by the Division (or the branch office if the salesperson is associated with one).
* The individual's full name, as licensed.
* Type of license held (Licensed Real Estate Broker, Licensed Real Estate Salesperson, and Licensed Associate Real Estate Broker).
* The firm's business telephone number.

Where do I get more detailed information?
Additional information is available at  New York State Division of Licensing