LIEB BLOG

Legal Analysts

Wednesday, September 21, 2016

Real Estate Brokerage - Major Change to Continuing Education Requirements - Agency Disclosure REQUIRED

On September 9, 2016 Governor Cuomo signed into law a major change to the continuing education requirements for real estate brokers, associate real estate brokers and real estate salespersons.

The new requirement reads as follows:
"[A]t least one hour of instruction pertaining to the law of agency except in the case of the initial two-year licensing term for real estate salespersons, two hours of agency related instruction must be completed"

This act takes effect on January 1, 2017.

The stated purpose of the Bill is:
"The bill amends the real property law to require two hours of agency related coursework in the licensee's initial two-year licensing term as part of the 22 1/2 hours of continuing education required for renewal of a real estate license in New York. In subsequent license terms one hour of agency related coursework will be required."

The justification for the Bill is:
"Understanding the agency relationship created between buyers/sellers, landlords/tenants and the real estate professional representing them during the real estate transaction is essential.

There are many real estate professionals and consumers who are often confused by the agency relationships created during the real estate transaction. At various points in time there may be several different agency relationships created, terminated or changed from first encounter to the closing table. Understanding what fiduciary duties are owed, the proper use of the agency disclosure form, and the ability to successfully represent clients in various forms of agency relationships such as buyer/tenant agency, seller/landlord agency and dual agency are critical for consumer protection."

Fulfill the requirement at Lieb School with our Agency Disclosure ONLINE course TODAY