Bill Text: AZ HB2451 | 2019 | Fifty-fourth Legislature 1st Regular | Engrossed


Bill Title: Real estate licensure; exceptions; rentals

Spectrum: Partisan Bill (Republican 1-0)

Status: (Enrolled) 2019-04-18 - Transmitted to Governor [HB2451 Detail]

Download: Arizona-2019-HB2451-Engrossed.html

 

 

 

House Engrossed

 

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

First Regular Session

2019

 

 

 

HOUSE BILL 2451

 

 

 

AN ACT

 

amending section 32‑2121, Arizona Revised Statutes; relating to real estate.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 32-2121, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2121.  Applicability of article; exceptions

A.  The provisions of This article do does not apply to:

1.  A natural person, a corporation through its officers, a partnership through its partners or a limited liability company through its members or managers that deals in selling, exchanging, purchasing, renting, leasing, managing or pledging the person's or entity's own property, including cemetery property and membership camping contracts, and that does not receive special compensation for a sales transaction or does not receive special compensation or other consideration, including property management fees or consulting fees for any property management services performed, if the majority of an officer's, partner's, member's or manager's activities do not involve the acts of a real estate broker, cemetery broker or membership camping broker as defined in section 32‑2101.

2.  A person holding a valid power of attorney that is being used for a specific purpose in an isolated transaction and not as a method of conducting a real estate business.

3.  An attorney in the performance of performing the attorney's duties as an attorney.  Nothing in This paragraph shall be construed to does not allow an attorney to otherwise engage in any acts requiring a license under this article.

4.  Any receiver, a trustee in bankruptcy or any other person acting under an order of a court.

5.  A trustee selling under a deed of trust.

6.  Natural persons who are acting as residential leasing agents or on‑site managers of residential rental property, who are performing residential leasing activities on residential income property at no not more than one location during the period of the agents' or on‑site managers' regular workday, who do not receive special compensation for the acts described in subdivisions (a) through (e) of this paragraph and who are employed by the owner or the owner's licensed management agent to perform the duties customarily associated with that employment.  A bonus that is paid to a residential leasing agent or on‑site manager working under the supervision of a licensed real estate broker and that is based on performance, that is received no not more frequently than monthly and that does not exceed one‑half of the agent's or on‑site manager's total compensation for the time period does not constitute special compensation for the acts described in subdivisions (a) through (e) of this paragraph.  For the purposes of this paragraph, "residential leasing agents or on‑site managers" means natural persons who are employed by the owner or the owner's licensed management agent and whose normal duties and responsibilities include any one or a combination of the following:

(a)  Preparing and presenting to any person a residential lease, application or renewal or any amendment of the lease.

(b)  Collecting or receiving a security deposit, a rental payment or any related payment for delivery to and made payable to a property, a property manager, an owner or the location.

(c)  Showing a residential rental unit to any prospective tenant.

(d)  Executing residential leases or rental agreements adopted under title 33, chapter 10.

(e)  Acting on behalf of the owner or the owner's licensed management agent to deliver notice pursuant to title 12, chapter 8 and title 33, chapters 10 and 11.

7.  Any officer or employee of a governmental agency who is not a contract or temporary employee of the agency in the conduct of conducting the officer's or employee's official duties.

8.  One natural person who acts as a property manager for one nonresidential income property or for two or more contiguous nonresidential income properties that are under common ownership and who is employed by the owner or the owner's licensed management agent to perform the duties customarily associated with that employment.

9.  Natural persons who are in the employ of employed by an employing broker, of a person otherwise licensed under this chapter or of a person or entity exempt under this section, who are unlicensed and perform clerical, bookkeeping, accounting and other administrative and support duties, who are not engaged in any other acts requiring a license under this chapter and whose employment is not conditioned on or designed to perform duties otherwise requiring a license under this chapter.

10.  Natural persons who are in the employ of employed by an employing broker and who perform telemarketing services that are limited to soliciting interest in engaging the services of a licensee or broker or gathering demographic information that will be used by a licensee or broker to solicit prospective buyers, sellers, lessees and lessors.

11.  Communications media or their representatives that are primarily engaged in advertising real estate and that perform no other acts requiring a real estate license, if:

(a)  The communications media or their representatives do not, directly or indirectly, compile or represent that they compile information about specific prospective purchasers or tenants, except that general information about prospective purchasers or tenants, such as demographic and marketing information, may be compiled.

(b)  The communications media or their representatives do not make representations to prospective real property sellers or landlords, or their representatives, concerning specific prospective purchasers or tenants or specific sales or leasing leads.

(c)  The fee charged for advertising is based solely on the advertising services provided.

(d)  The advertisements provide for direct contact between the seller or landlord and the prospective buyers or tenants, or for contact through a licensed real estate broker or property management firm.  The communications media or their representatives shall not act as intermediaries or assist in any intermediary action between prospective parties to a real estate transaction, except that additional information about advertised properties may be provided to prospects upon on request.

12.  Persons who perform residential property management services or marketing and promotional services solely for nursing care institutions as defined in section 36‑401 or pursuant to life care contracts as defined in section 20‑1801.

13.  A person who offers to sell or lease property that constitutes a security as defined in section 44‑1801 and that is offered, sold or leased in compliance with title 44, chapter 12 if the person is a registered securities dealer or salesperson pursuant to title 44, chapter 12, article 9.

14.  A person who manages a hotel, motel or recreational vehicle park.

15.  A person who, on behalf of another, solicits, arranges or accepts reservations or money monies, or both, for occupancies of thirty‑one or fewer days in a dwelling unit in a common interest development.

16.  An escrow agent in the performance of performing the escrow agent's duties as an escrow agent, a title insurer in the performance of performing the title insurer's duties as a title insurer or a title insurance agent in the performance of performing the title insurance agent's duties as a title insurance agent.  Nothing in This paragraph shall be construed to does not allow an escrow agent, a title insurer or a title insurance agent to otherwise engage in acts requiring a license under this article.

17.  Notwithstanding paragraph 1 of this subsection, a corporation through its officers and employees that purchases, sells, exchanges, rents, leases, manages or pledges its property if both of the following apply:

(a)  The activity is only incidental to the business of the corporation.

(b)  The officers and employees engaged in the activity do not receive special compensation or other consideration for the activity.

18.  A trust company owned by a bank holding company regulated by the federal reserve board or a bank in exercising its fiduciary duties under the terms of a trust agreement to which real property is subject.

19.  A person who receives a finder fee pursuant to section 32‑2176 or 32‑2197.21.

B.  The commissioner may grant an exemption from the licensure requirements of this article to any corporation that applies for an exemption on a finding that both of the following apply:

1.  The corporation is a nonprofit corporation that provides project‑based housing services and operates solely as a charitable organization as defined in section 44‑6551.

2.  The corporation's sole activities related to real estate involve ownership or management of residential property owned or controlled by the corporation. END_STATUTE

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