Does a branch Manhattan realestate office need a branch manager? Can a Real Estate Salesperson be a branch manager?
A Manhattan realestate branch office does not need a branch manager. However, Article 12-A Section 441-a(3) of the Real Property Law states that the broker is obligated to supervise the branch office. Section 441-a(3) provides that “[e]ach such branch office shall be under the direct supervision of the Manhattan real estate broker to whom the license is issued, or a representative broker of a corporation or partnership or manager of a limited liability company holding such license, or a duly appointed office manager.” A licensed real estate principal broker who would like to maintain a branch office in addition to her principal place of business should file a Real Estate Branch Office application with the Department of State.
A salesperson cannot be a branch manager. Although Title 19 Section 175.20 of the NYCRR permits a salesperson to be a branch manager, the Real Property Law was amended in 2008 to restrict this position to a licensed associate real estate broker who works under the name and supervision of the broker to whom the branch office license is issued.
Thanks to Neil B. Garfinkel, the REBNY Residential Counsel
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