Brokering 101: Above the Law?

What did I learn in my initial foray into becoming a licensed real estate broker in the fine state of New York?

As one might expect, there are all sorts of laws, rules, and regulations. Many of which I have seen flauted, ignored, or craftily side-stepped in my realtively brief tenure on the job. And why not? The maximum penalty for breaking any of the laws set forth in Article 12-A of the Real Property Law is a year in jail and a $1000 fine.

Let me let that sink in. An untoward agent can bilk someone out of millions of dollars. If prosecuted under the Real Property Law, the most time that agent can spend in jail is a year, and the MOST money they will pay in fines is $1000. Unbelievable.

Truly, this explains a lot of what I've seen in the business. Getting caught is one thing. Getting in any real trouble is quite another. Here are a few things that could get a broker or agent in hot water:

* Tips to supers and doormen for help on specific deals? Illegal.

* Set times for office meetings? Illegal. (If you want people to show up, one experienced person says, serve breakfast).

* Requiring agents to work certain set hours? Illegal--all real esate agents are independent contractors, not employees.

* Using someone who is not a licensed real estate agent to show apartments? Illegal!

How many times have I seen these rules sidestepped or simply ignored? Too many to count.

I have to laugh. I remember taking the course to become a licensed salesperson and sincerely thinking the things they taught us mattered and would be used in my day-to-day working life. Talk about a huge miscalculation on my part. Out there in the real estate world, it's every agent for herself. Returning to the classroom and the idealized academic pontificating is enough to make a battle-worn agent roll her eyes.