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Practice Of Real EstateLicense_lawHARD

Oregon Broker Emily is also a licensed attorney in Oregon. Her client, a property owner, asks Emily to negotiate the sale of his commercial building and handle all legal aspects of the closing. Emily does not hold an Oregon real estate license at the time — her license lapsed six months ago. Under Oregon law, which of the following is correct?

Correct Answer

B) Emily may handle the legal aspects of the transaction but may not engage in real estate brokerage activities such as negotiating the sale without an active real estate license

Under ORS Chapter 696, licensed attorneys in Oregon are not fully exempt from real estate licensing requirements when performing real estate brokerage activities. While attorneys may perform legal services related to real estate transactions (such as title review, contract drafting, and closing), they may not engage in real estate brokerage activities — such as negotiating a sale for compensation — without holding an active real estate license. Emily's lapsed license means she cannot legally perform brokerage activities.

Answer Options
A
Emily may perform all real estate brokerage activities without a license because she is a licensed attorney and attorneys are exempt from Oregon's real estate licensing requirements
B
Emily may handle the legal aspects of the transaction but may not engage in real estate brokerage activities such as negotiating the sale without an active real estate license
C
Emily may negotiate the sale because she is acting as an attorney representing her client, and attorney representation constitutes a full exemption from licensing
D
Emily may perform all activities because the commercial property exemption under ORS Chapter 696 removes the licensing requirement for commercial transactions

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Related Topics & Key Terms

Key Terms:

attorney_exemptionunlicensed_practicebrokerage_activitieslicense_exemptions

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