Agency is the single most heavily weighted vocabulary area on the New York salesperson exam. The questions rarely ask for a definition outright — they describe a situation and expect you to name the relationship, or to know which duty was breached. Article 12-A of the Real Property Law governs licensing here, and the agency disclosure form has its own timing rules that get tested repeatedly.
22 terms you need to know
- Agency
- The fiduciary relationship between a principal and an agent. In NY, agency relationships must be disclosed in writing at first substantive contact.
- Agency Disclosure Form
- A written form required in NY at the first substantive contact about a specific property, disclosing whether the licensee represents the buyer, seller, or both.
- Article 12-A
- The section of NY Real Property Law that governs real estate brokers and salespersons — licensing, supervision, advertising, escrow, agency disclosure , discipline, and ethics.
- Broker
- A real estate licensee qualified to operate independently and supervise salespersons. In NY, brokers must hold an Article 12-A license issued by the DOS.
- Commingling
- Mixing client or escrow funds with the broker’s own funds. Strictly prohibited under NY license law — a serious violation.
- Commission
- Compensation paid to a broker for services, typically a percentage of the sale price. In NY, salespersons receive their commission only through their sponsoring broker .
- DOS (NY Department of State)
- The state agency that licenses and regulates NY real estate brokers and salespersons through the Division of Licensing Services.
- Designated Agent
- A licensee designated by a broker to represent one party (buyer or seller) in a transaction. Permits a single brokerage to represent both sides via designated agents with informed consent.
- Dual Agency
- A situation where one agent represents both buyer and seller in the same transaction. In NY, requires written informed consent from both parties.
- Exclusive Agency Listing
- A listing where the broker is the only agent authorized but the seller retains the right to sell without paying commission if they find the buyer themselves.
- Exclusive Right to Sell Listing
- A listing where the broker earns commission no matter who finds the buyer — including the seller. The most protective form for the broker.
- Fiduciary Duties
- The duties an agent owes a principal: loyalty, obedience, disclosure, confidentiality, accountability, and reasonable care (often remembered as OLD-CAR).
- Listing Agreement
- A contract between a seller and a broker authorizing the broker to market the property for compensation. Types include exclusive right to sell, exclusive agency, and open listings.
- MLS (Multiple Listing Service)
- A cooperative system in which broker members share listings and agree to share commissions.
- Net Listing
- A listing where the broker keeps any amount above a net price agreed with the seller. Discouraged or prohibited in many states due to conflict of interest. Permitted in NY but heavily scrutinized.
- Open Listing
- A non-exclusive listing where the seller may engage multiple brokers and pays commission only to the one who actually procures the buyer.
- Power of Attorney
- A written authorization to act on someone else’s behalf in real estate transactions and other matters.
- Principal
- (1) The party an agent represents. (2) The portion of a mortgage payment that reduces the loan balance.
- Property Management
- Operation, control, and oversight of real estate on behalf of an owner. Property managers in NY who lease space generally need a real estate broker’s license.
- Real Estate Salesperson
- A licensee who must work under the supervision of a sponsoring broker. Cannot accept compensation directly from anyone other than the sponsoring broker in NY.
- Salesperson Sponsorship
- In NY, every salesperson must be sponsored by a licensed broker. A salesperson cannot operate independently.
- Subagent
- An agent of an agent. Rare in modern NY practice due to disclosure requirements.
Commonly confused
Client vs customer
A client is the principal your brokerage represents and owes full fiduciary duties. A customer is the other party — you owe honesty and fair dealing, but not loyalty or confidentiality. Giving a customer advice you owe only to a client is how agents create accidental agency.
Dual agency vs designated agency
Dual agency is one brokerage representing both sides, which requires informed written consent from both. Designated agency is the broker appointing different agents within the firm to each side. Undisclosed dual agency is a licence violation.
Broker vs salesperson
A salesperson must be sponsored by and work under a broker, and cannot hold escrow funds or be paid directly by a client. A broker can operate independently and supervise salespeople.
How this is tested
Keep studying
- NY Agency Law: Disclosure, Fiduciary Duties & Dual Agency
- NY Agency Disclosure: When Must You Give the Form?
- Free 10-question agency quiz
- Full NY Real Estate Glossary — all 161 terms