Elena is a licensed Minnesota real estate salesperson who also holds a law degree and is a member of the Minnesota State Bar. A client asks Elena to draft a customized purchase agreement with several non-standard clauses that are not covered by the Minnesota Uniform Conveyancing Blanks. Elena believes she can draft these provisions herself because of her legal training. Under Minn. Stat. § 507.09 and Minnesota license law, which statement best describes Elena's authority to draft these non-standard provisions?
Correct Answer
C) Elena must have the non-standard provisions drafted or reviewed by a licensed Minnesota attorney acting in their capacity as an attorney, not as a real estate licensee.
Under Minn. Stat. § 507.09, real estate licensees must use the approved Minnesota Uniform Conveyancing Blanks for standard transactions, and any provisions beyond those approved forms must be prepared by a licensed attorney. While Elena holds a law degree and bar membership, if she is acting in her capacity as a real estate licensee in this transaction, she must have non-standard legal provisions prepared by an attorney acting in their legal capacity — not in their capacity as a real estate agent. This protects clients from the unauthorized practice of law by individuals acting as real estate agents.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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More Practice Of Real Estate Questions
In Wyoming real estate practice, an associate broker or salesperson is not associated with a responsible broker at renewal. What should the licensee remember?
In Wyoming real estate practice, a first-time salesperson applicant completes coursework. What should the licensee remember?
A Wyoming licensee is reviewing an out-of-state salesperson applicant prepares for testing. What is the best answer?
In Wyoming real estate practice, a salesperson applicant age is reviewed. What should the licensee remember?
A responsible broker in Wyoming asks about a nonresident applicant provides home-state evidence. Which answer follows Wyoming law?
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- → For the Wyoming salesperson state portion, a licensee asks how long Wyoming renewal periods are. Which statement is correct?
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