On many occasions we have addressed the ability of the Department of State to determine that a licensee is “untrustworthy” or “incompetent” because of various violations of the License Law. Sensitivity to the Regulations of the Department of State regarding advertising is a clear necessity particularly when dealing with owners who have properties which are not in compliance with local zoning ordinances.
Typical Homeowner Issues
Anyone in the brokerage business for even a short period of time will encounter a homeowner who has “finished the basement”, “added a bedroom”, “expanded the deck” or “installed a swimming pool” without having obtained building permits or certificates of occupancy. These very same homeowners often ask the listing broker to advertise their home as a four bedroom when there is a certificate of occupancy for three bedrooms or to show the three and one-half baths when there is a certificate of occupancy for one and one-half baths, etc.
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