HANFRA - Hamptons & North Fork REALTORS® Association members are available to help you buy or sell real estate on Long Island, across the East End - The Hamptons & North Fork and Shelter Island.
Clarification of New Agency Disclosure Form
2007 Disclosure Memo from Department of State - DOS
Professionalism in the Real Estate Practice
Code of Ethics
Grievance and Arbitration Manual
Policy Related to Implementation of Board of Choice
Commonly Asked Questions on Board of Choice
MLS Listing Handbook
Library of legal forms
Brokers Reference Manual
S. Anthony Gatto, Esq., NYSAR Director of Legal Services The State of New York, Department of
State (DOS) has advised NYSAR that DOS will issue a Memorandum clarifying numerous issues raised
by NYSAR concerning the new agency disclosure form (Form). The DOS Memorandum is designed to
supplement the DOS letter dated December 21, 2006. DOS has indicated that several of the issues
clarified in the Memorandum will be addressed in a technical amendment bill later this year. This
article provides provisional guidance regarding the proper utilization of the "new form" based
upon NYSAR's discussions with DOS. NYSAR will supplement or revise this guidance, as appropriate,
based upon further developments.
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Acts as a policy guide and statement for the new 2007 disclosure form
The Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® is universally recognized by lawyers
and laymen alike as the measure of professionalism in real estate. It does not describe the lowest
common denominator of permissible performance as do the licensing laws of several states. Rather,
it describes the optimum performance the public has the right to expect and makes that performance
the norm for REALTORS®. But, as the real estate marketplace is a dynamic, demanding environment, so the Code is, has been,
and will continue to be a demanding and dynamic document; a plan for professionalism in real
estate capable of including and accommodating every change, challenge, and controversy which
arises.
Where the word REALTORS® is used in this Code and Preamble, it shall be deemed to include REALTOR
-ASSOCIATES®. While the Code of Ethics establishes obligations that may be higher than those
mandated by law, in any instance where the Code of Ethics and the law conflict, the obligations of
the law must take precedence.
A Manual for use by Member Boards of the National Association to ensure due process in the conduct
of hearings to enforce the Code of Ethics and in the arbitration of business disputes arising out
of the real estate business. Professional standards procedures of Member Boards must reflect
substantively the approved due process policies and procedures of this Manual in order to ensure
Board entitlement to coverage by the Professional Liability Insurance Policy of the National
Association in litigation involving the Board in connection with Board enforcement of the Code of
Ethics, provided that such policies and procedures are consistent with applicable state law.
NOTE: Large file size - 334 pages. Download only with Broadband connection.
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The primary board of affiliation elected by a REALTOR® must be in the state where the REALTOR® is
licensed and maintains his/her principal place of business. Licensees affiliated with a REALTOR®
firm may choose as their "primary" board any board in the state where the firm maintains a
"Designated" REALTOR®.
1. What is Board of Choice?
Under previous jurisdictional policies of the National Association, REALTORS® were required to
join the board where their principal place of business is located, prior to joining any other
board. The "Board of Choice" concept allows REALTORS® to choose the board to which they want to
belong on the basis of the factors they decide are most important rather than being limited by
office location or jurisdictional boundaries. At the same time, services of other boards are
available without the necessity of holding membership in those boards.
This Handbook is intended to guide member associations of Realtors® in the operation of multiple
listing services consistent with the policies established by the National Association’s Board of
Directors.
The Handbook includes model enabling provisions for insertion in association bylaws authorizing
establishment of a multiple listing service and bylaws and rules and regulations for MLSs which
will permit optimum service and efficiency.
NOTE: Large file size - 125 pages. Download only with Broadband connection.