Bill Text: NY A00045 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 45 (Prior Session Legislation)

Introduced

Bill Title: Prohibits real estate brokers from providing legal advice or preparing legal documents in real estate matters unless such person is a New York state licensed attorney; warning for first offense, $1,000 fine for second offense, $5,000 fine for each subsequent offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-05 - referred to judiciary [A00045 Detail]

Download: New_York-2009-A00045-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          45
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
         tee on Judiciary
       AN ACT to amend the real property law, in relation to  prohibiting  real
         estate  brokers  from  providing legal advice or preparing legal docu-
         ments in real estate matters unless such person is a  New  York  state
         licensed attorney
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The real property law is amended by adding  a  new  section
    2  440-c to read as follows:
    3    S  440-C. PROHIBITIONS ON THE PROVISION OF LEGAL ADVICE OR PREPARATION
    4  OF LEGAL DOCUMENTS BY REAL ESTATE BROKERS.  1.  A  REAL  ESTATE  BROKER,
    5  ASSOCIATE  REAL  ESTATE BROKER, REAL ESTATE SALESMAN OR ANY OTHER PERSON
    6  DULY LICENSED TO SELL REAL ESTATE SHALL  BE  PROHIBITED  FROM  PROVIDING
    7  LEGAL  ADVICE  OR  PREPARING  LEGAL  DOCUMENTS  FOR REAL ESTATE MATTERS,
    8  UNLESS SUCH PERSON IS AN ATTORNEY LICENSED  IN  THE  STATE  PURSUANT  TO
    9  ARTICLE FIFTEEN OF THE JUDICIARY LAW.
   10    2.  ANY  REAL ESTATE BROKER, ASSOCIATE REAL ESTATE BROKER, REAL ESTATE
   11  SALESMAN OR ANY OTHER PERSON DULY LICENSED TO  SELL  REAL  ESTATE  SHALL
   12  RECEIVE  A  WARNING  UPON THE FIRST VIOLATION OF SUBDIVISION ONE OF THIS
   13  SECTION. A SECOND OFFENSE SHALL BE PUNISHABLE BY A FINE OF ONE  THOUSAND
   14  DOLLARS  AND  EACH  SUBSEQUENT  OFFENSE SHALL BE PUNISHABLE BY A FINE OF
   15  FIVE THOUSAND DOLLARS.
   16    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   17  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00304-01-1