New York Real Estate Exam 10-Question Diagnostic Practice Test

Q: How many questions are on the New York real estate exam, and what is the passing score?

The New York State real estate salesperson licensing examination consists of 75 multiple-choice questions. You are given 1 hour and 30 minutes (90 minutes) to complete the exam. To pass, you must achieve a minimum score of 70%, which means correctly answering at least 53 out of the 75 questions. Results are issued as Pass/Fail on eAccessNY.

Q: How hard is the New York real estate exam?

The NYS DOS salesperson exam has a first-time pass rate between 60% and 65%. While shorter than exams in California (150 questions) or Texas (125 questions), the New York test is notoriously specific regarding statutory rules—including Real Property Law (RPL) Article 12-A, Section 443 Agency Disclosures at first substantive contact, co-op proprietary leases, NYS Human Rights Law source-of-income protections, and the 2024 PCDA mandatory flood disclosures. Practicing with scenario questions and diagnostic tests pushes candidate pass rates well over 95%.

Q: How much does the New York real estate licensing exam cost?

The New York Department of State (NYS DOS) charges an exam fee of $15 per examination attempt, payable via your eAccessNY account. Once you pass the exam, the salesperson application fee is $65 for a 2-year license. Additional costs include your 77-hour qualifying pre-licensing course ($150–$350) and a fingerprinting fee.

Q: Can you take the New York real estate exam online from home?

No. The New York State Department of State does not offer remote online proctoring for real estate licensing exams. You must register through your eAccessNY portal and take the exam in person on a computer at an official DOS testing center (locations include Lower Manhattan, Queens, Hauppauge, White Plains, Albany, Syracuse, Rochester, Buffalo, and Binghamton).

Q: What is the Property Condition Disclosure Act (PCDA) 2024 update tested on the NY exam?

Effective March 20, 2024, the New York State Legislature enacted a major statutory amendment eliminating the longstanding $500 opt-out credit. Historically, sellers could opt out of providing a Property Condition Disclosure Statement by granting the buyer a $500 credit at closing. That loophole is now fully repealed. Sellers of residential 1-4 unit properties must now complete and deliver the full statutory disclosure form—including mandatory flood hazard history—prior to the buyer signing a binding purchase contract.

Q: What are the eligibility requirements to get a real estate license in New York?

To obtain a New York real estate salesperson license, you must: 1) Be at least 18 years of age; 2) Have a clean background and regular legal residence in the United States; 3) Successfully complete an approved 77-hour New York salesperson qualifying education course; 4) Pass the NYS DOS computer-based licensing examination with at least 70%; and 5) Be sponsored by a licensed New York real estate broker who signs your application.

Q: What is the difference between a Co-op and a Condominium on the NY exam?

In New York, a condominium purchaser receives a fee simple unit deed to real property, along with an undivided tenancy-in-common interest in common elements (hallways, roof, lobby), financed with a real estate mortgage. In contrast, a cooperative (co-op) purchaser acquires shares of stock in a housing corporation and receives a proprietary lease. Because cooperative shares and leases are classified as personal property, co-op financing is secured via a Uniform Commercial Code (UCC-1) financing statement rather than a deed and mortgage.

Q: What is the New York State Mansion Tax?

The New York State Mansion Tax is a 1% state tax imposed on the entire purchase price of residential real property when the consideration is $1,000,000 or greater. Customarily, the Mansion Tax is paid by the buyer at closing. In New York City, transactions may also be subject to the separate NYC Real Property Transfer Tax (RPTT) and an escalating supplemental tax on ultra-luxury properties.

Q: How many times can you retake the New York real estate exam if you fail?

You may retake the New York real estate examination as many times as necessary to pass. There is no waiting period between scheduling attempts, though you must pay the $15 examination fee for each sitting through eAccessNY. Your 77-hour pre-licensing education certificate remains valid for up to 8 years from the date of completion.

Question 1

Salesperson Tyler closes a complex commercial lease in Manhattan. The commercial landlord is so impressed with Tyler's work that the landlord writes a separate $5,000 bonus check made payable directly to Tyler at the closing table. Under New York Real Property Law (RPL) Article 12-A § 442-a, which of the following is TRUE?

Accepted Answer

B. Tyler can never accept compensation, bonuses, or commissions directly from anyone other than Tyler's sponsoring broker.

Answer

A. Tyler may accept the bonus check directly as long as Tyler reports the income on Form 1099-MISC.

Answer

C. Tyler may accept the bonus if Tyler obtains written verbal permission from the Department of State.

Answer

D. Tyler can accept the check only if the tenant co-signs the check with the landlord.

Question 2

Real estate agent Danielle meets prospective buyers at an open house in White Plains. After browsing the living room, the buyers pull Danielle aside and state: "We are relocating from Boston, have pre-approval for $1.2M, and need to close within 30 days because our lease expires." At what exact point does New York Real Property Law (RPL) § 443 mandate Danielle present the New York State Disclosure Form for Buyer and Seller?

Accepted Answer

C. Immediately upon first substantive contact, prior to discussing confidential financial needs or property suitability.

Answer

A. Prior to the buyers signing an official purchase offer or binder.

Answer

B. At the closing table alongside the closing disclosure statement.

Answer

D. Only if Danielle agrees to act as an exclusive buyer's agent.

Question 3

Brokerage Empire Realty represents Seller Sam. Another buyer represented by the same brokerage wishes to submit an offer on Sam's listing. Both Sam and the buyer previously signed the Section 443 disclosure permitting Dual Agency with Advance Informed Consent. To preserve individual client advocacy for both parties, what statutory mechanism does NY Real Property Law § 443 authorize the broker to implement?

Accepted Answer

B. Appointment of Designated Sales Agents—assigning one agent to represent Sam and another agent to represent the buyer.

Answer

A. Subagency appointment through the local Multiple Listing Service.

Answer

C. Unilateral arbitration before the NYS Real Estate Board.

Answer

D. Immediate cancellation of Sam's listing agreement without penalty.

Question 4

A prospective tenant in Brooklyn inquires about renting a 2-bedroom apartment. The applicant meets all credit requirements and plans to pay 70% of the monthly rent using a New York City Section 8 Housing Choice Voucher. The landlord tells the listing agent: "I don't want the hassle of municipal government paperwork, so please tell them the apartment was just rented." Under New York State Executive Law Article 15 (Human Rights Law), how must the agent respond?

Accepted Answer

B. Refuse the discriminatory instruction, because "lawful source of income" is a protected class under NYS Human Rights Law, making voucher denial illegal.

Answer

A. Follow the landlord's instruction because private landlords are exempt from Section 8 acceptance under federal law.

Answer

C. Tell the tenant they may rent only if they pay an additional 4 months of security deposit upfront.

Answer

D. Refer the tenant to the NYC Housing Authority without presenting the rental application.

Question 5

A buyer purchases a residence in a pre-war Manhattan residential building. At closing, the buyer receives shares of stock in a housing corporation and executes a proprietary lease. What form of property ownership did the buyer acquire, and what legal classification does this interest hold under New York law?

Accepted Answer

B. Cooperative ownership, classified as personal property financed via a Security Agreement and UCC-1 financing statement.

Answer

A. Condominium ownership, classified as fee simple real property recorded by unit deed.

Answer

C. Commercial syndication, classified as a non-possessory easement in gross.

Answer

D. Tenancy in partnership, classified as an undivided joint tenancy with right of survivorship.

Question 6

Seller Arthur is selling a single-family home in Rochester in 2026. Arthur's attorney advises him: "Don't fill out the 48-question Property Condition Disclosure Statement; just give the buyer a $500 credit at closing." Why is this legal advice incorrect under the New York Property Condition Disclosure Act (PCDA) as amended in 2024?

Accepted Answer

B. The New York legislature repealed the $500 opt-out credit, making completion and delivery of the Property Condition Disclosure Statement mandatory for covered residential sellers.

Answer

A. The credit amount was raised from $500 to $5,000 for residential sales.

Answer

C. The disclosure form is now only required for commercial transactions exceeding 50,000 square feet.

Answer

D. The credit can only be paid directly to the buyer's brokerage firm.

Question 7

What type of deed is most commonly used in New York residential resale real estate transactions to convey title, containing covenants only that the grantor has done nothing to encumber the property during the grantor's period of ownership?

Accepted Answer

C. Bargain and Sale Deed with Covenant against Grantor's Acts

Answer

A. Full Covenant and Warranty Deed

Answer

B. Quitclaim Deed with Covenant of Seisin

Answer

D. Judicial Referee's Deed without consideration

Question 8

A residential townhouse in Nassau County sells for $1,200,000. Under New York State Tax Law, what is the New York State Real Estate Transfer Tax rate, and does this transaction trigger the New York State Mansion Tax?

Accepted Answer

A. Transfer tax is $2.00 per $500 of consideration ($4,800), and triggers a 1% Mansion Tax ($12,000) because the price is $1,000,000 or greater.

Answer

B. Transfer tax is 1% flat, and the Mansion Tax only applies to sales inside New York City limits over $2,000,000.

Answer

C. Transfer tax is exempt on single-family homes, and only the buyer pays a $50 recording fee.

Answer

D. Transfer tax is $4.00 per $100 of consideration, and Mansion Tax is paid strictly by the seller.

Question 9

To maintain independent contractor status under New York Department of State regulations and Internal Revenue Code § 3508, which of the following conditions MUST be satisfied between a sponsoring broker and affiliated sales agent?

Accepted Answer

B. There must be a written contract executed within the past 12 months stating the agent will not be treated as an employee for federal and state tax purposes, with compensation directly related to sales output.

Answer

A. The broker must require the sales agent to attend mandatory Monday 9:00 AM office floor duty meetings.

Answer

C. The broker must withhold federal income tax and state disability insurance from all commission checks.

Answer

D. The agent must receive an hourly minimum wage advance towards future earned commissions.

Question 10

A licensed general contractor completes a substantial kitchen and bathroom renovation on a single-family residential house in Westchester County. The homeowner refuses to pay the remaining $35,000 balance. Under New York Lien Law § 10, within what maximum timeframe from the final provision of labor or materials must the contractor file a Notice of Mechanic's Lien in the county clerk's office?

Accepted Answer

B. Within 4 months

Answer

A. Within 30 calendar days

Answer

C. Within 8 months

Answer

D. Within 3 years under the general statute of limitations

New York Real Estate Practice Exam & 2026 NYS DOS Licensing Guide

Official 2026 New York Real Estate Exam Specifications

Free 10-Question New York Real Estate Diagnostic Test

The 6 Official NYS DOS Examination Domains

New York Real Estate License Law & Regulations (Article 12-A)

Law of Agency & Section 443 Disclosures

NYS Human Rights Law, Fair Housing & Cultural Competency

Estates, Land Interests, Deeds & Condos/Co-ops

Real Estate Contracts, Conveyances & Closing Procedures

Real Estate Finance, Taxes & Closing Math

How to Get Your New York Real Estate License in 2026

Complete 77 Hours

Schedule on eAccessNY

Pass with 70%+

Broker Sponsorship

Submit & Get Pocket Card

Three Legal Rules New York Candidates Must Know in 2026

New York Real Estate Exam FAQs

Also Preparing for Another State?