Key Takeaways

  • Commingling funds (mixing personal and escrow money) is a serious violation in New York
  • Net listings are illegal in New York—all listings must specify the commission clearly
  • Kickbacks and undisclosed referral fees are prohibited under New York law
  • Misrepresentation and fraud can result in license revocation and criminal charges
  • Salespersons cannot operate independently—must work under a broker
Last updated: January 2026

License Law Violations and Ethics

Understanding prohibited practices helps licensees avoid discipline and protect consumers.

Prohibited Practices

Net Listings

Net listings are illegal in New York:

What it isWhy prohibited
Agent keeps anything over net priceConflict of interest
No stated commissionPotential for fraud

Example: Seller says "Get me $300,000 net" and agent keeps everything above that amount. This is ILLEGAL in NY.

Commingling

Commingling is mixing escrow and personal funds:

ProhibitedRequired
Client funds in personal accountSeparate escrow account
Personal funds in escrowOnly client funds in escrow

Conversion

Conversion is using client funds for personal use:

ActionConsequence
Using earnest moneyRevocation, criminal charges
Taking from escrowFelony prosecution

Kickbacks and Referral Fees

ProhibitedAllowed
Undisclosed paymentsDisclosed compensation
Kickbacks to unlicensedReferrals between licensees
Secret referral feesDisclosed referral fees

Other Violations

Misrepresentation

TypeExample
FraudIntentional false statements
Negligent misrepresentationCareless false statements
OmissionFailing to disclose material facts

Operating Without Broker

Salespersons CANNOT:

ProhibitedRequired
Collect fees directlyAll fees through broker
Advertise independentlyBroker name in all ads
Operate without brokerActive broker sponsorship

Advertising Violations

ViolationExample
Blind adsNo broker name
False advertisingMisleading claims
Bait and switchAdvertising unavailable property

Penalties

Administrative Penalties

PenaltyWhen Imposed
ReprimandMinor violations
FineMonetary penalty
SuspensionTemporary license removal
RevocationPermanent removal

Criminal Penalties

Serious violations may result in:

OffensePenalty
FraudCriminal prosecution
ConversionFelony charges
Unlicensed practiceMisdemeanor

Best Practices

PracticePurpose
Maintain separate accountsAvoid commingling
Document everythingProve compliance
Disclose all compensationAvoid kickback issues
Work under brokerLegal compliance
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New York Prohibited Practices
Test Your Knowledge

Are net listings legal in New York?

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B
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D
Test Your Knowledge

What is commingling in New York real estate?

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B
C
D