Bill Text: DE HB271 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 24 Of The Delaware Code Relating To Real Estate Services, Brokers, Associate Brokers And Salespersons.
Spectrum: Moderate Partisan Bill (Democrat 14-4)
Status: (Engrossed - Dead) 2012-06-28 - Amendment SA 2 - Introduced and Placed With the Bill in Senate [HB271 Detail]
Download: Delaware-2011-HB271-Draft.html
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SPONSOR: |
Rep. Bennett & Rep. Brady & Sen. Henry; Reps. Heffernan, Jaques, Lavelle, Longhurst, Mitchell, Osienski, Ramone, Schwartzkopf, Scott, B. Short, Viola, D.E. Williams;Sens. Bonini, Lawson, McDowell |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 271 |
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AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS. |
Section 1.Amend §2901, Title 24 of the Delaware Code by making insertions as shown by underlining as follows:
§2901. License requirements; exemptions
(a) No person shall engage in the practice of providing real estate services or hold himself or herself out to the public in this State as being qualified to practice the same; or use in connection with that person's name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person is qualified to practice real estate services, unless such person has been duly licensed under this chapter.
(b) Any person engaging in the practice of providing real estate services in this State without the proper licensure shall be in violation of this chapter and shall be subject to the provisions of §10161 of Title 29.
(c) No brokerage organization, corporation, partnership or other business entity shall be licensed under this chapter. Nothing in this chapter, however, shall prevent such brokerage organization from providing real estate services provided the individual or business entity has a broker who is responsible for providing real estate services and who may have affiliated associate brokers or salespersons, properly licensed in this State, who provide such services under the supervision of the broker.
(d) No person shall directly or indirectly provide real estate services through a licensee of the State without having a license in this State.
(e) This chapter shall not apply to:
(1) Any person or a subsidiary or division thereof with common ownership or control who, as owner or lessor or buyer or lessee, performs any of the acts enumerated in this section with reference to property owned, purchased or leased by such person or a subsidiary or division thereof with common ownership or control or to the regular employee of such person, with respect to the property so owned, purchased or leased, where such acts are performed in the regular course of or as an incident to the management of such property and the investment therein; or
(2) Persons acting as attorney in fact under a duly executed power of attorney from a person engaged in a real estate transaction authorizing the final consummation by performance of any agreement of sale, leasing or exchange of real estate.
(3) This chapter shall not be construed to include in any way the services rendered by an attorney-at-law, nor shall it be held to include, while acting as such, the receiver, trustee in bankruptcy, administrator or executor, or any person selling real estate under order of any court, or a trustee acting under a trust agreement, deed of trust or will, or the regular salaried employee thereof.
(4) An "auctioneer" as defined in §2301(a)(3) of Title 30 while advertising and marketing real property for sale by auction, selling the property by auction on the day advertised for the auction, and performing ministerial tasks necessary for settlement on the property sold by auction.
(5) A provider of property management services as defined in §2902 of this title excepting that a provider of property management services shall not directly or indirectly sell or offer to sell, buy or offer to buy, negotiate the purchase, sale, or exchange of real estate, lease or rent or offer for lease or rent any real estate, or negotiate leases or rental agreements thereof or of the improvements thereon for others.
SYNOPSIS
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This bill clarifies the exemption for auctioneers selling real property not needing to be licensed by the Real Estate Commission. |
