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NY A09823

Bill

Status

Introduced

4/9/2024

Primary Sponsor

Chantel Jackson

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Origin

Assembly

2023-2024 General Assembly

AI Summary

  • Prohibits individual real estate brokers, associate brokers, and salespersons from acting as both buyer's and seller's agent (or tenant's and landlord's agent) in the same transaction, but allows brokers to assign separate designated sales agents to represent each party.

  • Requires written representation agreements between brokers and buyers or tenants before showing property or presenting offers, with clear terms including compensation, duration, and signatures from all parties.

  • Prevents brokers from collecting compensation from buyers or tenants unless a signed representation agreement exists, and prohibits discrimination against buyers or tenants based on representation status.

  • Expands the prohibition on upfront tenant fees in section 238-a to explicitly include broker's fees that landlords, lessors, or grantors cannot require tenants to pay as a condition of leasing.

  • Requires brokers to have written permission or authorization from property owners before offering or advertising residential real property for sale or lease, and prevents brokers from representing tenants on unlisted properties without a listing agreement.

Legislative Description

Prohibits single-agent dual agency; requires representation agreements; allows broker's fee negotiations; prohibits mandatory broker's fees in residential real property transactions.

Last Action

referred to judiciary

4/9/2024

Committee Referrals

Judiciary4/9/2024

Full Bill Text

No bill text available