House Bill No. 533

Introduced By devaney, grinde, beaudry, knox, anderson, barnett, sliter, holland, l. taylor, rose

A Bill for an Act entitled: An Act providing an exemption from real estate licensure requirements for a person who performs acts with respect to certain right-of-way transfers, condemnations, or governmental or tribal permits; and amending section

37-51-103, MCA.

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

Section 1.  Section 37-51-103, MCA, is amended to read:

"37-51-103.   Exemptions. (1) An act performed for compensation of any kind in the buying, selling, exchanging, leasing, or renting of real estate or in negotiating therefor a real estate transaction for others, except as specified in this section, shall constitute must identify the person performing any of the acts as a real estate broker or a real estate salesperson. The provisions of this chapter may do not:

(a)  apply to any person who, as owner or lessor, shall perform performs any acts listed in subsection (1) with reference to property owned or leased by himself the person or to an auctioneer employed by the owner or lessor to aid and assist in conducting a public sale held by the owner or lessor;

(b)  apply to any person acting as attorney-in-fact under a duly executed special or general power of attorney from the owner of any real estate authorizing the purchase, sale, exchange, renting, or leasing of any real estate, unless the person acting as attorney-in-fact does so regularly or consistently for a person or persons, for or with the expectation of receiving a fee, commission, or other valuable consideration in conjunction with a business or for the purpose of avoiding license requirements;

(c)  be construed to include in any way the services rendered by any attorney at law in the performance of his duty as an attorney at law the attorney's duties;

(d)  apply to any person duly appointed by a court for the purpose of evaluation evaluating or appraising an estate in a probate matter;

(e)  be held to include, while acting as such, a receiver, a trustee in bankruptcy, an administrator or executor, any person selling real estate under order of any court, a trustee under a trust agreement, deed of trust, or will, or an auctioneer employed by a receiver, trustee in bankruptcy, administrator, executor, or trustee to aid and assist in conducting a public sale held by the officer;

(f)  apply to public officials in the conduct of their official duties;

(g)  apply to any person, partnership, association, or corporation, foreign or domestic, performing any act with respect to prospecting, leasing, drilling, or operating land for hydrocarbons and hard minerals or disposing of any hydrocarbons, hard minerals, or mining rights therein, whether upon a royalty basis or otherwise; or

(h)  apply to persons acting as managers of housing complexes for low-income persons, which are subsidized, directly or indirectly, by this state Montana or an agency or subdivision thereof of Montana or by the government of the United States or an agency thereof of the United States; or

(i) apply to a person performing any act with respect to the following types of land transactions:

(i) right-of-way transfers for roads, utilities, and other public purposes, not including conservation easements or easements for recreational purposes;

(ii) condemnations; or

(iii) governmental or tribal permits.

(2)  The provisions of this chapter do not apply to a newspaper or other publication of general circulation or to a radio or television station engaged in the normal course of business."