[Previous] [Next]
§59-858-301.
§59-858-301.
It shall be unlawful for any person to act as a real estate licensee,
or to hold himself or herself out as such, unless the person shall
have been licensed to do so under this Code. However, nothing in this
section shall:
1. Prevent any person, partnership, association or corporation, or the
partners, officers or employees of any partnership, association or
corporation, from acquiring real estate for its own use, nor shall
anything in this section prevent any person, partnership, association
or corporation, or the partners, officers or employees of any
partnership, association or corporation, as owner, lessor or lessee of
real estate, from selling, renting, leasing, exchanging, or offering
to sell, rent, lease or exchange, any real estate so owned or leased,
or from performing any acts with respect to such real estate when such
acts are performed in the regular course of, or as an incident to, the
management, ownership or sales of such real estate and the investment
therein;
2. Apply to persons acting as the attorney-in-fact for the owner of
any real estate authorizing the final consummation by performance of
any contract for the sale, lease or exchange of such real estate;
3. In any way prohibit any attorney-at-law from performing the duties
of the attorney as such, nor shall this Code prohibit a receiver,
trustee in bankruptcy, administrator, executor, or his or her
attorney, from performing his or her duties, or any person from
performing any acts under the order of any court, or acting as a
trustee under the terms of any trust, will, agreement or deed of
trust;
4. Apply to any person acting as the resident manager for the owner or
an employee acting as the resident manager for a licensed real estate
broker managing an apartment building, duplex, apartment complex or
court, when such resident manager resides on the premises and is
engaged in the leasing of property in connection with the employment
of the resident manager;
5. Apply to any person who engages in such activity on behalf of a
corporation or governmental body, to acquire easements, rights-of-way,
leases, permits and licenses, including any and all amendments
thereto, and other similar interests in real estate, for the purpose
of, or facilities related to, transportation, communication services,
cable lines, utilities, pipelines, or oil, gas, and petroleum
products;
6. Apply to any person who engages in such activity in connection with
the acquisition of real estate on behalf of an entity, public or
private, which has the right to acquire the real estate by eminent
domain; or
7. Apply to any person who is a resident of an apartment building,
duplex, or apartment complex or court, when the person receives a
resident referral fee. As used in this paragraph, a "resident referral
fee" means a nominal fee not to exceed Fifty Dollars ($50.00), offered
to a resident for the act of recommending the property for lease to a
family member, friend, or coworker.
[Previous] [Next]