- Matthew McCabe
Change to Activities that Require a Real Estate License
On February 12, 2020, Governor Doug Ducey signed House Bill 2085 which changes the meaning of a Real Estate Broker and Real Estate Licensee. Prior to the change collecting or attempting to collect rent for use of real estate or time share interests triggered an activity of a licensed real estate broker or real estate licensee. This had the potential to create a number of issues for the real estate brokerage because a non-licensed party, such as a receptionists, could not accept rent from tenants who dropped off a rent payment unless they were licensed.
The new law now allows that a person who is not a real estate licensee or real estate broker but who works for the licensed broker or salesperson, may collect in-person rent and related fees on behalf of the real estate broker or salesperson. The person that collects the rent should identity rent collection in their clerical duties. Additionally, a receipt should be provided when rent is paid.