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Practice Of Real EstateLicense_lawHARD

A Vermont licensed broker, Robert, is also a licensed attorney. He assists a client in negotiating and closing a real estate transaction, providing both legal advice and real estate brokerage services. He does not hold an active real estate license at the time, having let it lapse, but argues that his attorney's license exempts him from Vermont's real estate licensing requirements. Under Vermont law, is Robert correct?

Correct Answer

C) No, because Vermont's real estate licensing statute does not provide a blanket attorney exemption for brokerage activities; Robert must hold a valid real estate license to perform brokerage services.

Under 26 V.S.A. Chapter 41, Vermont's real estate licensing requirements apply to persons who engage in brokerage activities — negotiating sales, listing properties, and earning compensation for such services. Vermont's statute does not contain a blanket exemption for attorneys performing brokerage functions. An attorney may provide legal services incident to a transaction without a real estate license, but acting as a broker — negotiating deals and earning brokerage compensation — requires a valid Vermont real estate license. Robert's lapsed license means he is not authorized to perform brokerage services.

Answer Options
A
Yes, because Vermont law provides a blanket exemption from real estate licensing requirements for all licensed attorneys performing real estate services.
B
Yes, but only if Robert limits his services to legal advice and does not negotiate the commission or act as a listing agent.
C
No, because Vermont's real estate licensing statute does not provide a blanket attorney exemption for brokerage activities; Robert must hold a valid real estate license to perform brokerage services.
D
No, but Robert may apply for an emergency temporary real estate license from the VREC based on his attorney status without taking the licensing examination.

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Related Topics & Key Terms

Key Terms:

vrecattorney_exemptionlicensing_requirementsunauthorized_practicecommission_powers

Related Concepts

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

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