Headline: “Please, No Brokers”? Why That Phrase Has No Place in Your NYC Listings

By: Sydney Harewood. LRSP, NYC
Broker: FIND Real Estate
5 West 37th Street
New York, NY 10018
www.nycexclusiveapts.com 
"Your Premier Bridge to Manhattan Living."
#NYCexclAPTS
Phone: 646-535-3819
Email: sharewood@findrealestate.com

Short version: As a REBNY member, you cannot honor an owner’s request to use “no brokers” or “principals only” in your advertising—ever. Cooperation isn’t optional; it’s a core ethical and legal requirement in New York.

1. What Sparked This Week’s Legal Line?

In this Legal Line Question of the Week, Neil B. Garfinkel, REBNY Broker Counsel and Partner-in-Charge of real estate and banking at Abrams Garfinkel Margolis Bergson, LLP, answers a common scenario:

An owner says, “I don’t want to work with any brokers. Please put ‘no brokers’ in my listing.”

Can a REBNY broker do that?

The answer is a clear, resounding no.

2. REBNY Code of Ethics: Cooperation Is Non-Negotiable

The REBNY Code of Ethics is built on cooperation and courtesy among real estate professionals. It explicitly prohibits language like:

• “No brokers”
  
• “Principals only”
  

This applies to both sales and rentals.

Key Takeaways for REBNY Members

• You must cooperate with other brokers.
  
• You cannot exclude other brokers from your listings—even if the owner asks you to.
  
• If the listing is publicly advertised, it must be open to cooperation.
  

3. New York State Law: DOS Backs Cooperation

REBNY’s rules are not standing alone in the universe—the New York State Department of State (DOS) is right there with them.

Under Article 12-A of the Real Property Law, listing brokers owe a duty to:

• Deal honestly,
  
• Fairly, and
  
• In good faith with buyers and tenants.
  

The DOS has issued opinion letters stating:

• A listing broker must honor a buyer’s right to be represented by their own broker.
  
• A listing broker cannot refuse to work with a buyer’s broker.
  

So, when an owner says, “I don’t want to deal with that agent (or any agents),” DOS views that as unfair to buyers or tenants who chose that broker to represent them.

4. When the Owner Says “No Brokers” — What Happens Next?

Here’s the critical line from the Legal Line email:

If the owner insists on not working with a broker, then the listing broker cannot work with that owner.

Translation in Practice

If the owner refuses to cooperate with other brokers:

• You cannot agree to exclude brokers.
  
• You cannot use “no brokers” or “principals only” language.
  
• If they won’t budge, you need to walk away from the listing.
  

Yes, it stings to let a listing go—but it’s far better than violating REBNY ethics and state law.

5. Mini-Infographic (Concept): “No Brokers” Decision Flow

You can render this as a simple graphic for your blog or social feed.

Owner asks for “no brokers” language →

1. Explain: As a REBNY member, you must cooperate with other brokers.
   
2. Clarify: NY law and DOS opinions require you to honor buyers’ right to representation.
   
3. Offer alternative:
   

• “We can discuss commission structures and how cooperation works, but we cannot exclude brokers.”
  

4. If owner insists:
   

• You must decline or terminate the listing relationship.
  

6. Commission Talk: What Can Be Negotiated?

While cooperation is mandatory, the commission side is more flexible.

Important Tip from Legal Line:
 “While brokers must cooperate with one another, the negotiation of commission, if any, is strictly a matter between the broker and their principal.”

So you can:

• Negotiate your fee with the owner.
  
• Structure incentives or tiered commissions as you both agree.
  
• Decide how you share commission with co-brokers (internally, per your brokerage policies).
  

But you cannot:

• Say “we’ll cooperate only if the other broker accepts X or Y treatment that violates law or ethics.”
  

7. Suggested Agent Scripts (Copy–Paste Friendly)

A. When the Owner Says “Please, No Brokers”

“As a REBNY member, I’m required to cooperate with other licensed brokers. Both REBNY’s Code of Ethics and New York State rules prohibit ‘no brokers’ or ‘principals only’ language in ads. What we can do is discuss a commission structure that feels fair to you—but I cannot exclude brokers from this listing.”

B. When They Insist on Excluding a Specific Broker

“I understand your concern about that broker. However, New York State views it as unfair to buyers or tenants who chose that broker to represent them. If you decide you do not want to work with any brokers at all, I won’t be able to represent this listing under REBNY and state rules.”

8. Visual Ideas for Your Blog

You could add:

• Image: A professional shot of a handshake between two agents, labeled “Cooperation Is the Standard”.
  
• Icon Set:
  

• ✅ “Cooperate with other brokers”
  
• ✅ “Negotiate your commission”
  
• ❌ “No brokers / principals only” in ads
  

• Sidebar Box:
  

• “Risk Alert: Violating REBNY ethics and DOS guidance can expose you to complaints, discipline, and reputational damage.”
  

9. Helpful Outlinks to Include

When you publish this blog, consider adding:

• REBNY – Code of Ethics (for members to review Article V, Section (B)(3)(e)).
  
• New York State Department of State – Division of Licensing Services (for guidance and opinion letters related to broker conduct).
  
• REBNY Legal Line information page or contact details.
  

Contact details from the email:

• Phone: (212) 201-1178
  
• Email: REBNYcounsel@rebny.com
  
• Hours: Monday–Friday, 9:00 a.m. – 5:00 p.m.
  

10. Compliance Reminder (Blog Footer)

You can adapt something like this:

Disclaimer:
 This blog is for general informational purposes only and is not legal or tax advice. Real estate licensees are not permitted to provide legal or tax advice. For advice regarding your specific situation, please consult your attorney or contact the REBNY Legal Line as a member resource.

In short:
Cooperation is the rule of the road in NYC real estate. Your value as a professional is amplified—not diminished—when you work smoothly with other brokers while staying firmly inside REBNY and New York State guidelines.

—

For tailored guidance or to explore luxury homes in New York’s emerging markets, feel free to reach out to Sydney Harewood at NYC Exclusive Apartments (☎️ 646-535-3819, nycexclusiveapts.com "Your Premier Bridge to Manhattan Living."). With deep local expertise and a personalized approach, Sydney is ready to help you discover your own slice of the storybook lifestyle.

We hope you found this information helpful. If you have any other questions or need more details, feel free to contact us.