Salesperson acting as an Office Manager for Branch Office

December 19, 2017 | By Charles Botensten

Q. I am a licensed real estate salesperson. Can I work as an office manager for my real estate broker’s branch office?

A. No, a licensed real estate salesperson cannot serve as an office manager for a branch office.  Section 440(6) of Article 12-A of the New York Real Property Law (the “RPL”) defines “Office Manager” as “a licensed associate real estate broker who shall by choice elect to work as an office manager under the name and supervision of another …  broker.”  

It is important to note that there is an inconsistency between the RPL and Title 19 of the New York Code, Rules and Regulations (the “Regulations”) subchapter D section 175.20(b), which states that a salesperson, licensed for at least two years, may be permitted to operate a branch office.  When an inconsistency exists between the RPL and the Regulations, the RPL takes precedence over the Regulations.  Accordingly, an office manager must be a licensed associate real estate broker.

The Legal Line Question by:
Neil B. Garfinkel
REBNY Broker Counsel

Partner-in-charge of real estate and banking practices at Abrams Garfinkel Margolis Bergson, LLP