Exemptions

While many real estate services require a license to perform, there are certain people and services that are usually exempt from local licensing regulations.

  • Property owners may hire employees to do services related to the owner's property so long as they are not paid on a per transaction basis or paid based on compensation. For example, an employee of a landlord is not required to be licensed for activities such as collecting rents, shoveling snow and landscaping. If the employee gets involved in the leasing of units and wants to be paid for each unit successfully rented out, they would need to first obtain a real estate license.

  • Employees of parties such as hotels and motels do not need to be licensed.

  • Attorneys that perform legal duties and the creation of real estate contracts do not need to have an active real estate license. Attorneys that act as a real estate agent for services such as marketing and showing homes should be licensed as a real estate agent.

  • Parties acting in a governmental capacity usually do not need a real estate license. For example, a sheriff conducting a foreclosure sale does not need to have an active sales agent license.

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