Montana Code 37-51-103. Exemptions
37-51-103. Exemptions. (1) An act performed for compensation of any kind in the buying, selling, exchanging, leasing, or renting of real estate or in negotiating a real estate transaction for others, except as specified in this section, must identify the person performing any of the acts as a real estate broker or a real estate salesperson. The licensing provisions of this chapter do not:
Terms Used In Montana Code 37-51-103
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Executor: A male person named in a will to carry out the decedent
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Probate: Proving a will
- Property: means real and personal property. See Montana Code 1-1-205
- Trustee: A person or institution holding and administering property in trust.
(a)apply to any person who, as owner or lessor, performs any acts listed in subsection (1) with reference to property owned or leased by the person or to an auctioneer employed by the owner or lessor to aid and assist in conducting a public sale held by the owner or lessor;
(b)apply to any person acting as attorney-in-fact under a special or general power of attorney from the owner of any real estate authorizing the purchase, sale, exchange, renting, or leasing of any real estate, unless the person acting as attorney-in-fact does so regularly or consistently for a person or persons, for or with the expectation of receiving a fee, commission, or other valuable consideration in conjunction with a business or for the purpose of avoiding license requirements;
(c)include in any way the services rendered by any attorney at law in the performance of the attorney’s duties;
(d)apply to any person appointed by a court for the purpose of evaluating or appraising an estate in a probate matter;
(e)include a receiver, a trustee in bankruptcy, an administrator or executor, any person selling real estate under order of any court, a trustee under a trust agreement, deed of trust, or will, or an auctioneer employed by a receiver, trustee in bankruptcy, administrator, executor, or trustee to aid and assist in conducting a public sale held by the officer;
(f)apply to public officials in the conduct of their official duties;
(g)apply to any person, partnership, association, or corporation, foreign or domestic, performing any act with respect to prospecting, leasing, drilling, or operating land for hydrocarbons and hard minerals or disposing of any hydrocarbons, hard minerals, or mining rights, whether upon a royalty basis or otherwise;
(h)apply to a person performing any act with respect to the following types of land transactions:
(i)right-of-way transfers for roads, utilities, and other public purposes, not including conservation easements or easements for recreational purposes;
(ii)condemnations; or
(iii)governmental or tribal permits; or
(i)apply to property managers licensed under 37-56-105.
(2)The provisions of this chapter do not apply to:
(a)a newspaper or other publication of general circulation;
(b)a radio or television station engaged in the normal course of business; or
(c)digital media platforms that host advertisements for the sale of real estate but otherwise do not engage in activity with respect to the advertisements for which a license as a real estate broker or a real estate salesperson is required. A broker or salesperson who operates or is affiliated with a digital media platform that hosts advertisements for the sale of real property on the digital media platform but who otherwise does not engage in activity with respect to the advertisements for which a license as a real estate broker or real estate salesperson is required may not be considered to be representing or providing real estate broker or real estate salesperson services to any seller or landlord who posts property to the digital media platform.