Text: SSB01052                          Text: SSB01054
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Senate Study Bill 1053

Bill Text

PAG LIN
  1  1    Section 1.  Section 543B.7, subsection 2, Code 2001, is
  1  2 amended to read as follows:
  1  3    2.  By any person acting as attorney in fact under a duly
  1  4 executed and acknowledged power of attorney from the owner, to
  1  5 act on behalf of the owner or lessor to authorize the final
  1  6 consummation and execution of any contract for the sale,
  1  7 leasing, or exchange of real estate.  The exclusion in this
  1  8 subsection does not apply to a person who, in the regular
  1  9 course of a business operated in the nature of a property
  1 10 management or brokerage business, makes repeated and
  1 11 successive transactions of a like character for compensation.  
  1 12                           EXPLANATION
  1 13    This bill provides that a person acting as attorney in fact
  1 14 under a duly executed and acknowledged power of attorney from
  1 15 an owner for purposes of authorizing the final consummation
  1 16 and execution of any contract for the sale, leasing, or
  1 17 exchange of real estate on behalf of the owner, is subject to
  1 18 the requirements of Code chapter 543B if the person, in the
  1 19 regular course of a business operated in the nature of a
  1 20 property management or brokerage business, makes repeated and
  1 21 successive transactions of a like character for compensation.
  1 22 Currently, a person acting as attorney in fact under a duly
  1 23 executed and acknowledged power of attorney from an owner for
  1 24 purposes of authorizing the final consummation and execution
  1 25 of any contract for the sale, leasing, or exchange of real
  1 26 estate is exempt from those requirements.
  1 27    Code chapter 543B provides for the licensure and regulation
  1 28 of real estate brokers and salespersons.  
  1 29 LSB 1075DP 79
  1 30 mj/pj/5
     

Text: SSB01052                          Text: SSB01054
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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