Task 1

TASK 1
1. I am nearly 18 years old. I know you want someone to start work in June,
but I don’t turn 18 until October. Would that work?
FACT: 17-year old applicant for salesperson license.
LEGAL BASIS: Public Act 2008 No. 66, otherwise known as Real Estate Agents Act of
2008, under Part 3 Licensing, section 36, paragraph 2, clearly stipulates, “An
individual may be licensed as a salesperson if the individual satisfies the Registrar
that he or she - (a) has attained the age of 18 years…”
DISPOSITIVE: The above provision is clear as to age criterion in real estate practice.
Only 18 years or older are considered to be eligible for salesperson licensing, and
the same legal provision applies to either agent or branch manager. Hence, the
applicant is NOT eligible to be a salesperson until he reaches 18 in October, when
the former reaches the legal age.
2. I was convicted of benefit fraud when I was 19. That was 15 years ago, and
I haven’t had any problems since then. Will this disqualify me?
FACT: Fraud conviction 15 years ago when the applicant was then 19 years of age
LEGAL BASIS: It is with certainty that section 37 of REAA 2008 which dictates, “…a
person who has been convicted,… of a crime… within the 10 years preceding the
application for a licence,” is prohibited from being licensed.
DISPOSITIVE: The real estate law requires that an applicant must meet a high standard
of conduct, but the same law takes cognisance of a “prescriptive period”. In the
case at hand, it is true that the applicant is convicted of a crime involving moral
turpitude. On the contrary, the 10 year-rule had lapsed, consequently, the
prescriptive period no longer applies to the prospective salesperson licensee.
However, one is reminded to always exercise real estate agency works on a high
moral ground.
3. I was made bankrupt 3 years ago because a customer of my importing

business got into financial difficulties and couldn’t pay me. But I’m not a
bad person! Will this count against me becoming a salesperson? My
bankruptcy was discharged in March last year.
FACT: A case of insolvency 3 years ago
LAW: REAA 2008 Section 37, number 2 is herein referred to in relation to bankruptcy
and it states “A person is not eligible to hold an agent’s licence if he or she is an
undischarged bankrupt or is subject to subpart 4 of Part 5 of the Insolvency Act
2006.”
DISPOSITIVE: As properly quoted from Merriam-Webster.com, “expressio unios est

exclusio alterius” when translated would mean, “the explicit mention of one (thing)
is the exclusion of another”. Basing on the said statutory construction principle,
REAA 2008 expressly identified real estate agent is not eligible to hold a licence,
and implicitly excluded branch manager and salesperson. Thus, it is my
consideration that a real estate salesperson is not barred from holding such real
estate licensure based on insolvency.
4. I’ve just completed my salesperson’s course. I want to be a salesperson

because my parents both work in real estate. But I don’t have any
experience yet. Will this disadvantage me in any way?
FACT: Is experience relevant to be a salesperson?
LEGAL BASIS: REAA 2008 neither explicitly nor implicitly identifies experience as a
prerequisite for real estate salesperson licensure.
DISPOSITIVE: However, in relation to hunting for better-paying real estate work,

experience in real estate is an advantage. By virtue of experience, one brings
school theories to work enforcement, one gathers new sets of skill, and one
increases employability.
5. My husband got his licence a couple of years ago and has done a bit of work
in real estate but doesn’t enjoy it. Can his licence be transferred into my
name?
FACT: Transfer of license from husband to wife.
LEGAL BASIS: Section 47 under REAA 2008 clarifies “a license may not be transferred
and may not vest by operation of law in any person other than the person to whom
the license was granted.”
DISPOSITIVE: I find that the interested party’s intent is not justified under the real estate
law as clearly specified in the preceding provision. A real estate license is non-
transferable. Hence, the answer is in the negative. One must then satisfy the
qualifications laid down in REAA 2008 so as to be entitled for a real estate license.
It is imperative that one must remain active in the real estate industry, and one’s
real estate license be always and remain valid through continuing professional
education and renewal.

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FACT: 17-year old applicant for salesperson license.

3. I was made bankrupt 3 years ago because a customer of my importing

FACT: A case of insolvency 3 years ago

DISPOSITIVE: As properly quoted from Merriam-Webster.com, “expressio unios est

4. I’ve just completed my salesperson’s course. I want to be a salesperson

FACT: Is experience relevant to be a salesperson?

DISPOSITIVE: However, in relation to hunting for better-paying real estate work,

FACT: Transfer of license from husband to wife.

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