§ 47–2853.181. Exemptions from licensure requirement.
Except as otherwise provided in this subchapter, nothing contained in this part shall be construed to apply to:
(1) Receivers, referees, administrators, executors, guardians, conservators, trustees, or other persons appointed or acting under the judgment or order of any court while acting in that capacity, or attorneys-at-law in the ordinary practice of their profession, but these persons shall not be regularly engaged in the real estate business and shall not hold themselves out as real estate brokers, salespersons or property managers;
(2) Any individual who, as an owner or lessor of real estate, shall perform any of the acts specified in this subsection, where the acts are performed in the regular course of, or incident to, the management of real estate, business and the investments therein owned by that individual;
(3) Any trustee or auctioneer acting under authority of a power of sale in a mortgage, deed of trust, or similar instrument securing the payment of a bona fide debt;
(4) Except for title companies, any bank, trust company, building and loan or savings and loan association, or insurance company, having a fiduciary interest such as a receiver, referee, administrator, executor, guardian, conservator or trustee, when the bank, trust company, building and loan or savings and loan association, or insurance company is so engaged;
(5) Any person who is employed by a licensed real estate broker or property manager in a solely stenographic or clerical capacity and who does not perform, offer, agree, or attempt to perform, any of the activities specified in this subsection;
(6) Any officer or employee of the United States or District government while performing his or her official duties, or any person, or employee thereof, who is employed on a contractual or other basis, by the United States or District government to make appraisals of real estate for real property tax or other government purposes;
(7) Any person who, for a fee, commission, or other valuable consideration, identifies for another person, or provides any other information about, any rental unit available for rent; or
(8) Any qualifying nonprofit housing organization as defined by § 47-3505(a).
1981 Ed., § 47-2853.181.
Effect of Amendments
D.C. Law 16-130, in par. (2), substituted “individual” for “person”.
For temporary (90 day) amendment of section, see § 2(n) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).
Section 2(n) of D.C. Law 16-101, in par. (2), substituted “natural person” for “person”.
Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect.
§ 47–2853.182. Transfer of license; change of status.
(a) A license issued to a real estate broker, real estate broker or property manager shall not be transferred to another person.
(b) A person licensed as a real estate broker may, upon written request to the Mayor, change his or her status from that of a real estate broker to that of a member, partner, trustee, or officer of a firm, franchise, partnership, association, or corporation, or to that of an associate real estate broker with a corporation, for any unexpired portion of his or her licensure term, upon the payment of the requisite fees required pursuant to this subchapter.
(c) Any broker who wishes to change his or her status to that of an associate real estate broker shall notify the Board of Real Estate by certified mail.
(d) For the purposes of this part, the term “associate real estate broker” means any person licensed under this subchapter as a broker who is employed by a real estate broker, franchise firm, association, business, or corporation, but who is not a partner, an officer or a principal broker within a licensed legal entity.
1981 Ed., § 47-2853.182.
§ 47–2853.183. Licensure of real estate organizations.
No real estate broker’s license shall be issued to any firm, franchise, partnership, association, or corporation unless the Mayor finds that:
(1) The applicant is organized and exists pursuant to applicable District and federal laws;
(2) Every person member, partner, trustee, or officer who is engaged in activities defined in this subsection is licensed under this subchapter;
(3) Every employee who will render professional services holds a valid license or certificate issued by the Board; and
(4) Every branch office is managed by a licensed real estate broker.
1981 Ed., § 47-2853.183.
§ 47–2853.184. Place of business.
(a) If a real estate broker maintains more than one place of business within the District, a duplicate license shall be issued to the broker for each office upon payment of the required fee. A copy of the license must be posted within each office.
(b) Whenever a real estate broker changes the location of his or her principal place of business, or discontinues his or her business, he or she shall notify the Mayor within 15 days of the event, in writing, and return to the Mayor his or her license together with the licenses of all real estate salespersons employed by him or her. The Mayor shall issue a new license to the broker upon payment of the required fee. A salesperson shall be issued a new license upon reemployment and payment of the required fees.
(c) Failure to notify the Mayor or to return the license as required by this section will result in immediate suspension of the license until the real estate broker has complied with the provisions of this section.
(d) New licenses for the unexpired term may be issued by the Mayor upon written request by the applicant and the payment of the fees required pursuant to this subchapter.
1981 Ed., § 47-2853.184.
§ 47–2853.185. Prohibited names.
The Mayor may refuse to issue, renew, or transfer a license in a name that:
(1) Is misleading or would constitute false advertising;
(2) Implies a partnership, association, or corporation when a partnership, association, or corporation does not exist;
(3) Includes the name of a salesperson;
(4) Is in violation of law;
(5) Is a name which has been used by any person whose license has been suspended;
(6) Includes the name of a person not otherwise licensed; or
(7) Is a name which is deceptively similar to a name used by any other licensee.
1981 Ed., § 47-2853.185.
§ 47–2853.186. Automatic suspension of license through affiliation.
(a) Whenever a real estate broker’s license has been suspended or revoked pursuant to this subchapter, all real estate salespersons employed by that real estate broker must mail their licenses to the Mayor within 15 days of the revocation or suspension. It shall be unlawful for the real estate salesperson to perform any of the acts specified in this subchapter from the date of revocation or suspension until he or she has been reemployed and a license has been reissued to him or her by the Mayor.
(b) When a real estate salesperson is discharged or terminates his or her employment with a licensee, the licensee, within 15 calendar days, shall mail notification to the former employee that his or her license has been mailed to the Mayor. A copy of the notice to the real estate salesperson shall accompany the license when it is mailed to the Mayor. It shall be unlawful for any real estate salesperson to perform any of the acts specified in this subchapter, under authority of the license issued pursuant to this subchapter, from the date of discharge or termination until the time he or she is employed by another licensee and a license is reissued to him or her by the Mayor.
(c) When a real estate salesperson is discharged by or terminates his employment with a licensee it shall be the duty of the real estate salesperson to notify the Mayor in writing within 15 days. It shall be unlawful for the real estate salesperson to perform any of the acts specified in this statute from the date of discharge or termination until he or she has been employed by another licensee and a license is reissued to him or her by the Mayor.
1981 Ed., § 47-2853.186.
§ 47–2853.187. Effect of corporate, partnership, or association license revocation or suspension.
In the event of the revocation or suspension of a license issued to a real estate firm, franchise, partnership, association, or corporation, the license issued to the principal real estate broker, or any member of a partnership or director or officer of an association or corporation, shall be summarily revoked or suspended by the Mayor, unless:
(1) In a partnership, the connection with the member whose license has been revoked or suspended is severed within the time prescribed by the Mayor, and his or her participation in the partnership’s activities is terminated; or
(2) In an association or corporation, the director or officer whose license has been revoked or suspended is discharged and he or she has no further participation in the association’s or corporation’s activities.
1981 Ed., § 47-2853.187.