Patricia is a licensed Minnesota real estate salesperson helping her client draft a purchase agreement for a residential property in Dakota County. Patricia wants to add a custom clause to the purchase agreement that goes beyond the language in the Minnesota Uniform Conveyancing Blanks approved form. Under Minnesota law, what is the correct procedure?
Correct Answer
B) Patricia may fill in blanks on the approved form but must have a licensed attorney draft any custom clauses
Under Minn. Stat. § 507.09 and the Minnesota DOC's interpretation of licensee authority, real estate licensees are authorized to complete the blanks on approved Uniform Conveyancing Blanks forms. However, drafting custom clauses or provisions that go beyond the approved form language constitutes the practice of law. To add custom legal provisions, the licensee must have a licensed Minnesota attorney draft those clauses. This protects both the client and the licensee from unauthorized practice of law exposure.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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