N.Y. Laws » CHAPTER Real Property / ARTICLE Real Estate Brokers and Real Estate Salespersons
New York Consolidated Laws

N.Y. Real Property Law § 440 (2026)

Definitions

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 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
corporation.
  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
altered.
  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.
Notes of Decisions
Cited in 27 cases (1 in the last 5 years), 1985–2025 · leading case: Spodek v. Neiss, 104 A.D.3d 758 (N.Y. App. Div. 2d Dep't 2013).
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Spodek v. Neiss, 104 A.D.3d 758 (N.Y. App. Div. 2d Dep't 2013). · cites it 2× “), entered May 24, 2011, as denied those branches of their motion which were for leave to amend the amended complaint to add causes of action alleging violations of *759 Real Property Law § 440 et seq. and mismanagement/managerial neglect, and to join certain entities as…”
Rivkin v. Century 21 Teran Realty LLC, 887 N.E.2d 1113 (N.Y. 2008). · cites it 2× “Teran is co-owned by Andrew Peck and Chloe Dresser, who are both licensed real estate brokers (see Real Property Law § 440 [1]). Teran also possesses a broker’s license, which allows it to receive commissions in connection with the purchase and sale of real estate (see id.”
Panarello v. Segalla, 6 A.D.3d 515 (N.Y. App. Div. 2d Dep't 2004). · cites it 2× “The court found, inter alia, that transfer of the real estate upon which the Country Club was located was not the dominant feature of the transaction.”
Ling's Props., LLC v. Bode, 94 A.D.3d 951 (N.Y. App. Div. 2d Dep't 2012). · cites it 2× “Here, it is undisputed that Gnosis was not a licensed real estate broker, and the plaintiff demonstrated, prima facie, that the acquisition of real property was the dominant feature of the contract at issue and that Gnosis charged a fee for services facilitating the purchase and…”
Futersak v. Perl, 84 A.D.3d 1309 (N.Y. App. Div. 2d Dep't 2011). “In support of their motion for summary judgment upon the ground that the plaintiffs recovery is barred pursuant to Real Property Law § 442-d, the appellants demonstrated that the subject property was the dominant feature of the transaction at issue and that the plaintiff was…”
Rivers v. Butterhill Realty, 145 A.D.2d 709 (N.Y. App. Div. 3d Dep't 1988). · cites it 2× “Real Property Law § 440 was amended to delete all words and phrases that refer to real estate salespersons as employees of brokers (see, L 1980, ch 226).”
Kreuter v. Tsucalas, 287 A.D.2d 50 (N.Y. App. Div. 2d Dep't 2001). “Real Property Law § 440 defines the term “real estate broker” to include any person or entity who, for a fee or commission, lists for sale or attempts to negotiate a sale of an interest in real estate, or “negotiates or offers or attempts to negotiate, a loan secured or to be…”
Berg v. Wilpon, 271 A.D.2d 629 (N.Y. App. Div. 2d Dep't 2000). “The Supreme Court properly determined that the subject real property was a dominant feature of the transaction at issue.”
Dubbs v. Stribling & Assocs., 274 A.D.2d 32 (N.Y. App. Div. 1st Dep't 2000). “Since a broker is one who acts to sell property on behalf of another (see, Real Property Law § 440 [1]), by definition defendants could not contemporaneously occupy the mutually exclusive roles of equitable owner and broker.”
Wong v. Loh, 162 A.D.2d 683 (N.Y. App. Div. 2d Dep't 1990). · cites it 2× “Real Property Law § 440 (3) defines "Real estate salesman” as a person "associated with a licensed real estate broker” (emphasis supplied; see also, Real Property Law §440 [5] ).”
Blackman DeStefano Real Est., Inc. v. Smith, 157 A.D.2d 932 (N.Y. App. Div. 3d Dep't 1990). “Rather, Bollard’s letter represents, at best, an expression of current intent on the part of a real estate salesperson (see, Real Property Law § 440 [3]) not to pursue a commission.”
Com. Tenant Servs., Inc. v. N. Leasing Sys., Inc., 131 A.D.3d 895 (N.Y. App. Div. 1st Dep't 2015). “First, defendant contends that the parties’ contract violates Real Property Law §§ 440 (1) and 440-a. However, article 12-A of the Real Property Law, which includes sections 440 and 440-a, “should be strictly construed” (Reiter v Greenberg, 21 NY2d 388, 391 [1968]).”
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