Broker Greg Olsen holds an active Nebraska real estate license and is also a licensed Nebraska attorney. He is representing a client in a property dispute and, as part of his legal services, negotiates the sale of the disputed property. He does not use his real estate license in this transaction and charges only his attorney's fee. A competing broker files a complaint with the NREC, claiming Greg violated the License Act by acting as a broker without properly disclosing his dual roles. Which of the following is the most accurate analysis?
Correct Answer
B) Greg did not violate the License Act because licensed attorneys performing real estate services incidental to their legal representation are exempt from the licensing requirements
Under Neb. Rev. Stat. § 81-885.01, licensed attorneys performing real estate services that are incidental to their legal representation of a client are exempt from the Nebraska Real Estate License Act's requirements. When Greg acted solely in his capacity as an attorney — charging only an attorney's fee and providing legal representation in a property dispute — he was operating within the attorney exemption. The NREC complaint would not be sustained on these facts.
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Related Topics & Key Terms
Key Terms:
Related Concepts
In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
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?
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In Wyoming real estate practice, a salesperson applicant age is reviewed. What should the licensee remember?
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