ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 


HB 2085: real estate; employees; rent collection

Sponsor:  Representative Chaplik, LD 23

Committee on Commerce

Overview

Allows an unlicensed person to collect rent on behalf of a real estate broker or salesperson.

History

Statute defines real estate broker as a person, other than a salesperson, who, for another and for compensation conducts transactions in real estate, businesses and business opportunities or time share interests. This includes sales, exchanges, purchases, renting, leasing, negotiations, listing, auctions, offers and collecting or attempting to collect rent for the use of real estate (A.R.S. § 32-2101).

Statute defines real estate salesperson as a natural person who acts on the person’s own, or on the behalf of another who is licensed as a real estate broker, in any transaction that is the same as those defined as the transactions of a real estate broker including the collection of rent (A.R.S. § 32-2101).

It is unlawful for any person, corporation, partnership or limited liability company to engage in the activities of a real estate broker or salesperson without first obtaining the appropriate license (A.R.S. § 32-2122).

Provisions

1.    Authorizes an unlicensed person who works for a real estate broker or a real estate salesperson to collect, in-person, rent and related fees for the use of real estate when these collections are part of that person's clerical duties and they provide a receipt upon payment. (Sec. 1, 2)

2.    Directs the Commissioner of the Department of Real Estate to require an out-of-state applicant for a real estate license to pass an exam on the laws of real estate before licensure. (Sec. 3)

3.    Makes technical changes. (Sec. 1, 2, 3)☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note

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7.                      HB 2085

8.    Initials PRB         Page 0           Commerce

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