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Hamptons.com
August 7, 2013

Hamptons Real Estate Brokers Are Asking, “What’s in a Name?”

John A. Viterittiby John A. Viteritti
in Real Estate
Home Real Estate

According to the New York State Department of State, the department that has jurisdiction over real estate licensees, the answer is the potential for fines, suspension, and revocation of licenses.

The issue has gained attention among the real estate community, mainly due to the new advertising guidelines issued by the DOS for real estate brokers effective January 2, 2014, in particular, the use of corporate titles, such as president, vice president, senior vice president, executive vice president, and managing director.

In an attempt to clarify this issue, on April 26, 2013, the Department of State, (DOS), issued an opinion which prohibits the use of such titles unless the individual is a corporate broker. The license law of the State of New York prohibits individuals licensed as associate brokers or salespersons from being officers in a brokerage corporation.

According to Alfred M. Fazio, Esq. this is not new. “This position has not changed over the years considering that Article 12-A and the Rules and Regulations governing real estate brokerage have always prohibited the use of titles in advertising. First and foremost, the Real Property Law section 440(2) indicates that an associate broker is considered exactly as a salesperson other than the fact that an associate broker and not a salesperson can manage a real estate office.”

Based on the statement issued by the DOS, New York State Association of Realtors Counsel S. Anthony Gatto, Esq. has taken the same position. “I am, therefore, of the opinion that brokerages may not provide corporate titles to agents for marketing or other purposes.”

Mr. Fazio: “In the past, when DOS issued violations on a substantive complaint issued by a consumer, we were successful in negotiating Consent Orders which removed any fine or violation because of the corporate title. Those days are now behind us. In each and every case being investigated by DOS, it is reviewing the advertising policies of the firm by accessing the firm’s website, email correspondence from the agents and business cards.”

To give the issue of violation of license law and regulations some context, a broker is charged with responsibility of supervising and training associate brokers and salespersons in their employ, whether that be as independent contractors or employees. If the license of a salesperson or associate broker is suspended or revoked, they may not conduct business or receive commissions. A suspension is for a fixed period of time, not more than one year. A revocation is for a period more than a year and may not apply for a license for at least one year from the date of revocation. If the broker’s license is suspended, all of the licenses of the associate brokers and salespersons are suspended. They must find a new supervising broker to continue to conduct business as a real estate agent. A real estate broker may also be held liable for the misconduct of the associate brokers and salespersons in their employ. A license law violation may also be judged a misdemeanor, prosecuted by New York’s Attorney General, punishable by a fine up to $1,000 and up to one year in jail.

Real Estate brokerage is a licensed profession. Those who are licensed have both fiduciary responsibilities and the duty of fair and honest dealing towards the public. Those who are unaware of these responsibilities or casual about their observance, run a serious risk, and subject themselves to disciplinary actions by the DOS and civil suits.

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THFM 2025 Festival Concert #2

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Arts and Archives presented by Springs Historical Society and Community Library, Opening Reception, September 13 Ashawagh Hall

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Surf Movie Night 2025

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Hamptons $100 Million Real Estate Ponzi Scheme

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  • The Animal Rescue Fund of the Hamptons (ARF Hamptons) hosted the Bow Wow Meow Ball in East Hampton. The evening’s honorees, Ellen and Chuck Scarborough, were presented with the Champion of Animals Award, recognizing their more than twenty-five years of support to ARF. ⁠
⁠
Over 400 guests celebrated ARF’s remarkable work with cocktails, followed by dinner catered by Olivier Cheng. Peter Marino, accompanied by his daughter and ARF Board Member Isabelle Trapnell Marino, presented the Scarboroughs with their award. ⁠
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📸: Patrick McMullan/PMC⁠
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Check out the full gallery at Hamptons.com (Link in Bio)⁠
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#arf #bowwowmeowball #hamptons #animalrescuefund #animalrescue
  • Make sure to add this event to your list for next summer
#Seafood #localeats #mtk #montaukgreen
  • I recently toured the new Rolex Boutique by London Jewelers in East Hampton, and it’s one of the most beautiful retail spaces I’ve ever stepped into. Located on Newtown Lane, the boutique is set inside a restored historic home that dates back to 1897, originally designed as a summer cottage.⁠
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From the outside, it has that classic East Hampton charm, cedar shingles, white trim, and lush landscaping. But once you step inside, it’s all about quiet sophistication.⁠
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The space is warm and welcoming, with walnut wood paneling, soft neutral tones, and beautiful textures throughout. There’s a fluted marble wall in a rich green Verdi Alpi stone that immediately catches your eye. It’s one of those details that’s understated but unmistakably Rolex.⁠
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Read the full article at Hamptons.com (Link in Bio)⁠
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#rolex #easthampton #hamptons #luxury #watch⁠
  • 🎾 Men’s US Open Final Viewing Party⁠
📅 Sun, Sept 7 • 2–5PM⁠
📍 Canoe Place Inn, Hampton Bays⁠
Watch the riveting Men’s US Open Final with drinks, grilled classics & fellow tennis fanatics in the lush garden.⁠
⁠
🦞 Montauk Seafood Festival⁠
📅 Sat, Sept 6 – Sun, Sept 7 • 12–5PM⁠
📍 On the Green, Montauk⁠
The ultimate seafood event in the Hamptons! Lobster rolls, fish tacos, chowder, oysters & more 🐚🍤⁠
⁠
🩰 Master Class w/ Kat Wildish⁠
📅 Sat, Sept 6⁠
📍 Hamptons Ballet Theatre School, Bridgehampton⁠
Open-level adult ballet class with world-renowned former NYCB & ABT dancer Kat Wildish. One day only!⁠
⁠
🎶 Hamptons Festival of Music⁠
📅 Sat, Sept 6 • 7PM⁠
📍 St. Luke’s Episcopal Church, East Hampton⁠
THFM’s MainStage Festival Orchestra featuring The New American Sinfonietta 🎻✨⁠
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🌾 Outstanding in the Field (Sagaponack)⁠
📅 Sun, Sept 7 • 3PM⁠
Dine where the food is grown! Guest chef Jason Weiner returns for his 19th year 🍽️🌱⁠
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😂 Samantha Bee Live⁠
📅 Sat, Sept 6 • 8PM⁠
📍 WHBPAC, Westhampton Beach⁠
Award-winning comedian Samantha Bee brings her one-woman show to the Hamptons!⁠
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🍴 Stirring The Pot: Andrew Carmellini⁠
📅 Sun, Sept 7 • 11AM⁠
📍 Guild Hall, East Hampton⁠
NYT’s Florence Fabricant interviews star chef Andrew Carmellini about his restaurant empire.⁠
⁠
🌕 Full Harvest Moon Hike⁠
📅 Sun, Sept 7 • 7:30PM⁠
📍 Meet at SOFO Museum, Bridgehampton/Sag Harbor Tpke⁠
Walk under the moonlight with Friends of the Long Pond Greenbelt 🌙✨⁠
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🎨 Style Beading Workshop⁠
📅 Fri, Sept 5 • 1PM⁠
📍 Nathaniel Rogers House, Bridgehampton⁠
Join Indigenous artist Savannah LeCornu to learn traditional beading techniques.⁠
⁠
⛳ A Legendary Day at Sebonack!⁠
📅 Tues, Sept 9 • 8:30AM–5PM⁠
📍 Sebonack Golf Club, Southampton⁠
An unforgettable day of golf supporting Westhampton Beach PAC 🌟⁠
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👉 Which event are you going to this weekend?⁠
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Check out more events at Hamptons.com (Link in Bio)⁠
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#community #entertainment #hamptons #usopen #golf #comedy #seafood #montauk
  • Hamptons fashion week was hosted at Zoe Hospitality Private Membership Club, featuring designer Johnny Was, Porshia Swim, Vernice Holmes, Atelier H, Cesar Galindo, SixyByVenice and Ines Hernandez Hats.

#hamptonsfashionweek
  • As the summer comes to an end, it’s time to find out what everyone was reading this summer.
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