License Law, Agency Law and Operating a New York Brokerage
Forty of the 152 curriculum hours the Department of State names as the exam's basis sit here: the broker course's 26-hour chapter on agency law, license law and operating an office, plus the salesperson course's 3 hours of license law and 11 hours on the law of agency. This is the largest block by a wide margin, and it is where Real Property Law article 12-A and 19 NYCRR part 175 do most of their work.
Who is licensed, and on what terms
Real Property Law § 440 defines the three credentials. A real estate broker acts for another, for compensation, in listing, selling, exchanging, buying, renting or collecting rent, and in negotiating a loan secured by a mortgage other than a residential mortgage loan as defined in Banking Law § 590. An associate real estate broker is a licensed broker who by choice works under the name and supervision of another broker and is then governed by the provisions that apply to salespersons. An office manager is an associate broker who elects that role and must have been active as a licensed associate broker for at least two of the four years preceding appointment. Section 440-a sets the minimum age at twenty for a broker and over eighteen for a salesperson. Section 441(1)(b) requires 152 hours of approved education and either two years as a licensed salesperson or three years of equivalent general real estate experience; 19 NYCRR § 179.2(b) makes 3,500 experience points equal two years, and § 179.3 values a residential sale at 250 points and an exclusive listing at 10. Licenses run two years (§ 441-a(7)), renewal requires 22.5 hours of continuing education with subject floors set by § 441(3)(a), and a broker must maintain a definite place of business with a sign readable from the sidewalk (§ 441-a(3)).
Supervision, records and client money
A salesperson's authority is derivative. Section 442-b requires the broker to notify the Department when an association ends and bars the salesperson from performing any act within the prohibitions of article 12-A until associated with another broker; 19 NYCRR § 175.14 makes the departing salesperson turn over all listing information. Section 175.21(a) defines supervision as 'regular, frequent and consistent personal guidance, instruction, oversight and superintendence', and § 175.21(c) measures full-time participation at 35 hours a week for 50 weeks. Note the limit in Real Property Law § 442-c: a salesperson's violation does not put the broker's license at risk unless the broker had actual knowledge or retains the benefits of the transaction. Client money is stricter. Section 175.1 forbids commingling, requires a separate special bank account used exclusively for such money, sets the deposit deadline at three business days, requires the money to be safeguarded in a secure location until then, limits it to a federally insured bank account, and bars the broker from retaining accrued interest except as applied to earned commission with the consent of all parties. Section 175.23 requires three years of paper or electronic records of each residential transaction, including the contract or binder, the commission paid and the listing or buyer-broker agreement.
Listings, advertising and standardized operating procedures
Net listings are banned outright by 19 NYCRR § 175.19: a broker may not take as compensation the difference between the sale price and a net figure set by the seller. Section 175.15 forbids an exclusive listing that automatically continues past its fixed termination date, and § 175.24 requires the printed explanation, in type no smaller than six point and signed or initialed by the owner, that an exclusive right to sell earns a commission however the buyer is found while an exclusive agency does not if the owner finds the buyer. Section 175.25 gives advertising its own code: only a broker may place an advertisement; the advertisement must identify the broker or brokerage with either a full address or a telephone number; the titles 'sales associate', 'licensed sales agent' and the bare word 'broker' are prohibited; and a team name must use the word 'team' and may not use 'associate', 'realty' or 'group'. Real Property Law § 442-h(4) requires every broker to institute standardized operating procedures stating whether identification, an exclusive broker agreement and mortgage pre-approval are required of prospective homebuyers, to date stamp, notarize and post them on any public website and mobile application, to make a copy available at office locations on request, to repost and archive any alteration within thirty days, and to affirm compliance at renewal.
The agency disclosure form and dual agency
Real Property Law § 443 applies to residential real property only — one-to-four family dwellings, condominium units and cooperative apartments, not unimproved land. The timing has three limbs and candidates routinely collapse them into one. A listing agent gives the form to the seller or landlord before entering into the listing agreement (§ 443(3)(a)). A seller's or landlord's agent gives it to a buyer or tenant at the first substantive contact (§ 443(3)(b)). A buyer's or tenant's agent gives it to the buyer or tenant before entering into the agency agreement, and to the seller, landlord or listing agent at the first substantive contact (§ 443(3)(c)). A signed acknowledgment must be obtained and kept for not less than three years, and if the consumer refuses to sign, the agent sets forth a written declaration of the refusal under oath and keeps that for three years. The form itself defines the roles: seller's agent, buyer's agent, broker's agent, dual agent, and dual agent with designated sales agents. A broker may act as a dual agent only where both parties give informed consent in writing, and where designated sales agents are appointed each represents one side while the supervising broker remains a dual agent who cannot offer undivided loyalty to either.
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State-specific details
State exam facts
- Prelicensing education
- 152 total hours (77-hour salesperson + 75-hour broker qualifying course)
- Time limit
- 150 minutes
Who regulates real estate brokers in New York?
The New York Department of State (DOS), Division of Licensing Services, licenses real estate brokers and salespersons under Real Property Law article 12-A and the rules at 19 NYCRR parts 175 to 179. New York writes and administers its licensing exam itself, at DOS exam sites scheduled through eAccessNY, rather than through PSI, Pearson VUE or any other outside vendor.
What experience do I need before the New York broker exam?
Real Property Law § 441(1)(b) requires either two years of active participation as a licensed real estate salesperson under a broker's supervision, or the equivalent experience in the general real estate business for at least three years. The experience is documented on the point schedule at 19 NYCRR § 179.3, where 3,500 points equal two years of full-time experience, a residential sale is worth 250 points and an exclusive listing 10. On top of that comes 152 hours of approved qualifying education — the 77-hour salesperson course plus the 75-hour broker course — and Real Property Law § 440-a sets the minimum age for a broker at 20.
How is the New York broker exam structured?
DOS publishes four facts about the paper and no more: it is multiple choice, it is "based on the 152-hour pre-licensing curriculum", applicants "will be allowed 2 1/2 hours to complete the test", and "all exam results are reported as either passed or failed; you will not receive a numerical score". There is no published item count, no published passing percentage and no content outline anywhere on dos.ny.gov — so treat any source that quotes a New York broker question count or topic breakdown as quoting something the Department has never published. There is also no separate national portion; the single state-written exam covers the whole 152-hour curriculum.
What does the 152-hour curriculum actually cover?
It is fixed in regulation, not just in the syllabus PDFs. 19 NYCRR § 176.3 prints the 77-hour salesperson course as 19 subjects, led by Law of Agency (11 hours), Legal Issues (10), Commercial and Investment Properties (10) and Human Rights and Fair Housing (6). 19 NYCRR § 176.4 prints the 75-hour broker course as 11 chapters, led by Agency Law, License Law and Operating a Real Estate Office (26 hours) and Advanced Fair Housing and Fair Lending (13), and requires completion of both courses. Because DOS names the full 152 hours as the exam's basis, material built on the 75-hour broker course alone misses whole subjects — Commercial and Investment Properties, Condominiums and Cooperatives, Municipal Agencies and Property Insurance among them.
Sources: https://dos.ny.gov/become-real-estate-broker, https://dos.ny.gov/real-estate-broker-frequently-asked-questions, https://dos.ny.gov/system/files/documents/2024/10/reb-syllabus-2022.pdf, https://dos.ny.gov/system/files/documents/2024/10/res-syllabus-2022.pdf, https://dos.ny.gov/real-estate-license-law
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