How to Pass the New York Real Estate Exam on Your First Try

New York's real estate salesperson exam is shorter than most states — 75 questions in 1.5 hours — but don't let that fool you. The New York Department of State (DOS) focuses heavily on New York-specific real estate law, and candidates who only study national content consistently fail. Here's what you need to know.

The New York Exam: Fast Facts

• Questions: 75 multiple choice
• Time limit: 1.5 hours (90 minutes)
• Passing score: 70% (53 out of 75 correct)
• Administered by: The New York Department of State (DOS)
• Pre-license requirement: 77 hours of approved education

New York is unique in that the exam is administered by the state itself — not Pearson VUE or PSI — through DOS-authorized schools and test sites. The exam is also taken after completing your 77-hour course, often administered at your school.

New York-Specific Topics That Are Always Tested

New York License Law and the DOS

The Department of State, Division of Licensing Services, regulates real estate brokers and salespersons in New York. Know: - Salesperson license requirements: 18 years old, 77-hour course, pass exam, work under a licensed broker - Broker license requirements: 2 years of experience as a salesperson, 120-hour broker course, pass broker exam - Licenses must be renewed every 2 years - 22.5 hours of continuing education required for each renewal

The Secretary of State (not a commission like most states) has authority to revoke or suspend licenses. This is different from California, Florida, or Texas — New York doesn't have a separate real estate commission.

Agency Law in New York

New York uses the term "buyer's agent," "seller's agent," and "dual agent" — but has specific disclosure requirements unique to the state.

The Agency Disclosure Form must be given to buyers and sellers at the "first substantive contact" — defined as any contact where a licensee could ask about or receive confidential information. First substantive contact is almost always tested.

For buyers, the disclosure must be given before the buyer tours a property (or as soon as practicable). For sellers, it must be given before listing.

A salesperson working for a listing broker who shows the property to a buyer is presumed to represent the seller — the buyer must be told this.

The New York Property Condition Disclosure Act

New York requires sellers of residential real property to complete a Property Condition Disclosure Statement and provide it to buyers before signing a contract. Key facts: - If the seller fails to provide the disclosure, the buyer receives a $500 credit at closing — the seller does not avoid liability, they just owe the buyer $500 - The disclosure covers structure, systems, environmental conditions, legal issues, and neighborhood information - Does not apply to newly constructed homes (covered by builder warranties) or foreclosures

New York Fair Housing and the Human Rights Law

New York's Human Rights Law adds significant protections beyond the federal seven. New York prohibits discrimination based on: - Race, color, creed, national origin, sex, age, disability, marital status, familial status, sexual orientation — plus - Military status, domestic violence victim status, and lawful source of income (cannot refuse to rent to someone using a housing voucher)

The lawful source of income protection — prohibiting landlords from refusing to accept Section 8 vouchers — is frequently tested and unique to New York.

Lead Paint Disclosure in New York

New York has its own lead paint regulations layered on top of federal requirements. For rental housing: - New York City: Local Law 1 of 2004 requires landlords to annually inspect and remediate lead paint hazards in apartments where a child under 6 lives - Statewide: Renovation contractors must be EPA-certified; landlords in pre-1978 buildings must disclose

Rent Regulation

New York City has extensive rent stabilization and rent control laws that are tested on the exam: - Rent stabilized: Tenant has the right to renew, rent increases are limited by the Rent Guidelines Board - Rent controlled: Applies to older units; tenant pays a legally set "maximum base rent" - The Housing Stability and Tenant Protection Act of 2019 significantly strengthened tenant protections — key provisions include limiting security deposits to one month's rent and restricting preferential rent agreements

Why New York Candidates Fail

1. Only studying national content The 75-question exam packs in a lot of New York law. If you've studied a national prep course, you have the foundation — but you need to layer New York-specific content on top.

2. Not knowing the agency disclosure rules "First substantive contact" is tested repeatedly. Many candidates know what the form is but not exactly when it's required.

3. Confusing the DOS with a real estate commission New York doesn't have a real estate commission — the Department of State handles licensing. Questions about who has disciplinary authority can trip up candidates who studied in other states.

4. Underestimating rent regulation questions Rent stabilization and rent control show up regularly. They're New York-specific and not covered in national prep materials.

4-Week Study Plan for New York

Week 1: New York Law - DOS structure, license types, requirements, renewal - Agency disclosure requirements — first substantive contact - Property Condition Disclosure Statement — when required, $500 credit rule - Human Rights Law — full list of protected classes including source of income - Lead paint rules — NYC Local Law 1

Week 2: New York Practices - Rent stabilization vs. rent control - New York closing process — attorney state (attorneys handle closings, not title companies) - New York contracts: binder vs. contract of sale, co-op vs. condo purchases - Listing agreements in New York

Week 3: National Topics - Property ownership, deeds, titles - Finance and mortgages - Federal Fair Housing Act - Land use, zoning, environmental - Appraisal methods

Week 4: Practice Exams - Full 75-question timed practice exams - Target 78%+ before scheduling - Drill agency disclosure scenarios until automatic - Review rent regulation and Human Rights Law one final time

New York Is an Attorney State

This is frequently tested: New York is an attorney state — real estate attorneys handle the preparation of contracts and closings. Real estate agents negotiate and show property, but attorneys prepare purchase contracts and conduct closings. Brokers and salespersons cannot prepare contracts (they can fill in preprinted forms with blanks).

Practice for the New York Exam

[CARealestate.com/states/new-york](https://carealestate.com/states/new-york) has New York-specific practice questions covering DOS rules, agency disclosures, the Property Condition Disclosure Act, rent regulation, and the Human Rights Law. Start free — no account needed.

75 questions, 90 minutes. Know New York law cold, understand the agency disclosure timing rules, and you'll pass comfortably.