2006 Minnesota Statutes

82.31 MS 2002 [Renumbered 82.38]
82.31 LICENSING: APPLICATION.
    Subdivision 1. Qualification of applicants. Every applicant for a real estate broker, real
estate salesperson, or real estate closing agent license shall be at least 18 years of age at the
time of making application for said license.
    Subd. 2. Application for license; contents. (a) Every applicant for a license as a real estate
broker, real estate salesperson, or closing agent shall make an application in writing upon forms
prepared and furnished by the commissioner. Each application shall be signed and sworn to by the
applicant and shall be accompanied by the license fee required by this chapter.
(b) Each application for a real estate broker license, real estate salesperson license, or real
estate closing agent license shall contain such information as required by the commissioner
consistent with the administration of the provisions and purposes of this chapter.
(c) Each application for a real estate salesperson license shall give the applicant's name,
age, residence address, and the name and place of business of the real estate broker on whose
behalf the salesperson is to be acting.
(d) Each application for a real estate closing agent license shall give the applicant's name,
age, residence address, and the name and place of business of the closing agent.
(e) The commissioner may require such further information as the commissioner deems
appropriate to administer the provisions and further the purposes of this chapter.
(f) Applicants for a real estate salesperson license shall submit to the commissioner, along
with the application for licensure, a copy of the course completion certificate for courses I, II,
and III.
    Subd. 3. Application for broker's license. After successful completion of the real estate
broker's examination, an individual shall have one year from the date of the examination to
apply for a broker's license, unless the individual is a salesperson who remains continuously
active in the real estate field as a licensee. Failure to apply for the broker's license or to remain
continuously active in the real estate field will necessitate a reexamination.
    Subd. 4. Corporate and partnership licenses. (a) A corporation applying for a license shall
have at least one officer individually licensed to act as broker for the corporation. The corporation
broker's license shall extend no authority to act as broker to any person other than the corporate
entity. Each officer who intends to act as a broker shall obtain a license.
(b) A partnership applying for a license shall have at least one partner individually licensed to
act as broker for the partnership. Each partner who intends to act as a broker shall obtain a license.
(c) Applications for a license made by a corporation shall be verified by the president and
one other officer. Applications made by a partnership shall be verified by at least two partners.
(d) Any partner or officer who ceases to act as broker for a partnership or corporation shall
notify the commissioner upon said termination. The individual licenses of all salespersons acting
on behalf of a corporation or partnership, are automatically ineffective upon the revocation or
suspension of the license of the partnership or corporation. The commissioner may suspend or
revoke the license of an officer or partner without suspending or revoking the license of the
corporation or partnership.
(e) The application of all officers of a corporation or partners in a partnership who intend
to act as a broker on behalf of a corporation or partnership shall accompany the initial license
application of the corporation or partnership. Officers or partners intending to act as brokers
subsequent to the licensing of the corporation or partnership shall procure an individual real estate
broker's license prior to acting in the capacity of a broker. No corporate officer who maintains
a salesperson's license may exercise any authority over any trust account administered by the
broker nor may they be vested with any supervisory authority over the broker.
(f) The corporation or partnership applicant shall make available upon request, such records
and data required by the commissioner for enforcement of this chapter.
(g) The commissioner may require further information, as the commissioner deems
appropriate, to administer the provisions and further the purposes of this chapter.
    Subd. 5. Period for application. An applicant who obtains an acceptable score on a
salesperson's examination must file an application and obtain the license within one year of
the date of successful completion of the examination or a second examination must be taken
to qualify for the license.
    Subd. 6. Change of application information. The commissioner must be notified in writing
of a change of information contained in the license application on file with the commissioner
within ten days of the change.
History: 1973 c 410 s 4,6; 1975 c 38 s 3,4; 1976 c 197 s 2-4; 1977 c 215 s 1-3; 1979 c 144 s
3; 1982 c 424 s 130; 1982 c 478 s 1; 1983 c 284 s 14; 1983 c 328 s 9; 1984 c 552 s 8,9,11-14;
1985 c 251 s 8,9; 1986 c 358 s 9-11; 1986 c 444; 1Sp1986 c 1 art 7 s 5; 1987 c 336 s 23; 1989 c
347 s 10-16,18-22; 1990 c 364 s 1; 1991 c 20 s 1; 1991 c 75 s 1,2; 1991 c 233 s 48-51; 1992 c
555 art 1 s 3; 1993 c 309 s 10,13,14; 1994 c 632 art 4 s 32,33,36,37; 1995 c 68 s 4; 1995 c 202
art 1 s 25; 1996 c 439 art 1 s 10; art 3 s 9; 1997 c 222 s 34,35; 2000 c 483 s 44; 2001 c 208 s 14;
2002 c 387 s 7-9; 2004 c 203 art 2 s 24-26,43,61; 2005 c 100 s 7