US Laws, Codes, Statutes & Cases

Chapter 696 — Real Estate and Escrow Activities

 

2007 EDITION

 

REAL ESTATE AND ESCROW ACTIVITIES

 

OCCUPATIONS AND PROFESSIONS

 

REAL ESTATE LICENSEES

 

(Generally)

 

696.007     Statement of legislative purpose

 

696.010     Definitions

 

696.015     Legislative finding; short title

 

(Licensing)

 

696.020     License required for individuals engaged in professional real estate activities; exception; rules

 

696.022     Licensing system for real estate brokers and property managers; rules

 

696.024     Payments due and owing to Real Estate Agency

 

696.026     Conducting business under broker’s name, under registered business name or through business organization; rules

 

696.028     Licensed personal assistant; rules

 

696.030     Exemptions

 

696.040     Single act sufficient to constitute professional real estate activity

 

696.110     Exclusive nature of regulation of real estate licensees

 

696.130     Limited license

 

696.174     License renewal; continuing education courses; rules

 

696.200     Real estate broker or organization to maintain place of business; branch offices; change of business location

 

696.205     Death or incapacity of sole proprietor real estate licensee; temporary license; rules

 

696.232     Return of license by employee of agency; reissuance upon termination of employment

 

(Client Trust Fund Accounts)

 

696.241     Clients’ Trust Accounts; notice to agency; authority to examine account; branch trust account; interest earnings on trust account; when broker entitled to earnest money; funds not subject to execution; rules

 

696.243     Substituting copy for original canceled check allowed; electronic fund transfers

 

696.245     Clients’ Trust Accounts; notice to bank; retention of copy

 

(Nonresident and Reciprocal Real Estate Broker and Salesperson Licensing)

 

696.255     Nonresident license equivalent to appointment of commissioner as agent for service of process; service on commissioner; fee

 

696.265     Recognition of nonresident real estate licensee; rules

 

(Miscellaneous)

 

696.270     Fees

 

696.280     Records of real estate brokers; rules

 

696.290     Sharing compensation with or paying finder’s fee to unlicensed person prohibited; exceptions

 

696.294     Opinion letter; rules

 

696.301     Grounds for discipline

 

696.310     Intracompany supervision and control; effect of revocation on licensed associates

 

696.315     Prohibition against licensee permitting nonlicensed individual to engage in activity with or on behalf of licensee

 

696.320     Effect of suspension or revocation of principal broker license on associated licensees

 

696.361     Regulation of real estate property manager

 

696.363     Relationship between licensees as independent contractors or employer and employee

 

696.365     City or county business license tax

 

(Administration)

 

696.375     Real Estate Agency; Real Estate Commissioner; confirmation, salary and security of commissioner

 

696.385     Power of agency; rulemaking procedures

 

696.392     Power of commissioner to administer oaths, take depositions and issue subpoenas

 

696.395     Power of commissioner

 

696.396     Investigation of complaints and progressive discipline; rules

 

696.398     Delegation by commissioner to employees; requirements

 

696.405     Real Estate Board; appointment; term; qualifications; compensation; expenses

 

696.415     Officers; meetings; quorum

 

696.425     Powers and duties of board; expenses

 

696.430     Records of commissioner as evidence; records open to inspection; rules

 

696.445     Advancement of education and research; Oregon Real Estate News Journal; content as to disciplinary actions

 

696.490     Real Estate Account; disposition of receipts

 

696.495     Revolving fund; amount; use; procedure for repayment

 

ESCROWS AND ESCROW AGENTS

 

(Generally)

 

696.505     Definitions for ORS 696.505 to 696.590

 

696.508     Legislative finding; short title

 

(Licensing)

 

696.511     License required; application and information required; issuance

 

696.520     Application of ORS 696.505 to 696.590

 

696.523     Application of ORS 696.505 to 696.590 to title insurance activities

 

696.525     Bond for escrow agents

 

696.527     Deposits in lieu of bond; payment of claims; waiver

 

696.530     Expiration and renewal of license; fees; rules

 

696.532     Limited license

 

696.534     Records of escrow agents; rules

 

696.535     Grounds for refusing, suspending or revoking license

 

696.541     Authority of commissioner over escrow agents; rules

 

(Enforcement)

 

696.545     Investigation; injunction; jurisdiction

 

696.555     Commissioner to take possession of property and assets of escrow agent when assets or capital impaired; appointment of receiver

 

696.570     Hearings procedure under ORS 696.505 to 696.590; subpoena

 

696.575     Civil or criminal actions not limited by ORS 696.505 to 696.590

 

696.577     Commissioner’s order against unlicensed agent

 

(Escrow Property)

 

696.578     Deposit and designation of money held in escrow; treatment of earnings on escrow account; notice

 

696.579     Funds exempt from execution or attachment; designation of funds

 

696.581     Written escrow instructions or agreement required; statement; instructions containing blank prohibited; one-sided escrow; exception

 

696.582     Escrow agent to hold certain compensation; conditions; notice of demand; disbursement of money; copy of notice to principal

 

(Civil Penalties)

 

696.585     Civil penalties

 

696.590     Penalty amounts

 

REAL ESTATE MARKETING

 

696.600     Definitions for ORS 696.392, 696.600 to 696.785 and 696.995

 

696.603     License required for persons engaged in real estate marketing activities

 

696.606     Real estate marketing organization license; requirements; deposit required; claims against deposit; rules

 

696.609     Exemptions from ORS 696.392, 696.600 to 696.785 and 696.995

 

696.612     Grounds for disciplinary action

 

696.615     Publication of sanctions imposed for violations

 

696.618     Denial of right to court action for unlicensed real estate marketing organization

 

696.621     Real Estate Marketing Account

 

696.624     Consent by nonresident real estate marketing organization to service of summons or process required

 

696.627     On-site inspection allowed; deposit

 

ACTIONS AND REMEDIES

 

696.710     Necessity of alleging license in action to collect compensation

 

696.720     Remedies are concurrent

 

696.730     Jurisdiction of courts for violations; revoking license upon conviction; copy of order to commissioner

 

696.775     Authority of commissioner when license lapsed, expired, revoked, suspended or surrendered

 

696.785     Commissioner duties when illegal commingling of funds found; receivership procedure

 

MISCELLANEOUS

 

696.790     Authority of commissioner to require fingerprints

 

696.795     Authority of commissioner to conduct investigations and proceedings

 

AGENTS’ OBLIGATIONS

 

696.800     Definitions

 

696.805     Real estate licensee as seller’s agent; obligations

 

696.810     Real estate licensee as buyer’s agent; obligations

 

696.815     Representation of both buyer and seller; obligations

 

696.820     Agency disclosure pamphlet; rules

 

696.822     Liability of principal for act, error or omission of agent or subagent

 

696.835     Buyer and seller responsibilities

 

696.840     Compensation and agency relationships

 

696.845     Acknowledgment of existing agency relationships form; rules

 

696.855     Common law application to statutory obligations and remedies

 

696.870     Duties of real estate licensee under ORS 105.462 to 105.490, 696.301 and 696.870

 

696.880     Licensee not required to disclose proximity of registered sex offender

 

PENALTIES

 

696.990     Penalties

 

696.995     Civil penalties for violation of ORS 696.603, 696.606 or 696.612

 

      696.005 [1963 c.580 §39; repealed by 1965 c.617 §8]

 

REAL ESTATE LICENSEES

 

(Generally)

 

      696.007 Statement of legislative purpose. (1) The Sixty-second Legislative Assembly recognizes that notwithstanding amendments made to ORS chapter 696 by sections 9, 17, 19, 23, 25, 27 to 30, 32 and 40 to 43, chapter 649, Oregon Laws 1977, section 40, chapter 617, Oregon Laws 1981, and amendments made to ORS chapter 656 by chapter 864, Oregon Laws 1979, section 1, chapter 725, Oregon Laws 1981, and section 4, chapter 854, Oregon Laws 1981, agencies of this state are uncertain regarding application to real estate licensees of statutes of this state relating to employers and employees. This section and ORS 316.209 and 656.037 are enacted to eliminate that uncertainty, to reaffirm the legislative intent of the enactments cited in this section and to conform Oregon law to parallel provisions of the Internal Revenue Code.

      (2) Nothing in this section and ORS 316.209 and 656.037 shall be construed to impair or invalidate any claim of refund or defense against collection of any tax, which claim or defense is asserted by a taxpayer who has services performed by an individual who does not meet the requirements of ORS 316.209. [1983 c.597 §1]

 

      Note: 696.007 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 696 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      696.010 Definitions. As used in ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870, 696.990 and 696.995, unless the context requires otherwise:

      (1) “Agency” means the Real Estate Agency.

      (2) “Associated with” means to be employed, engaged or otherwise supervised by, with respect to the relationship between a real estate broker and a principal real estate broker.

      (3) “Bank” includes any bank or trust company, savings bank, mutual savings bank, savings and loan association or credit union that maintains a head office or a branch in this state in the capacity of a bank or trust company, savings bank, mutual savings bank, savings and loan association or credit union.

      (4)(a) “Branch office” means a business location, other than the main office designated under ORS 696.200 (1), where professional real estate activity is regularly conducted or that is advertised to the public as a place where such business may be regularly conducted.

      (b) Model units or temporary structures used solely for the dissemination of information and distribution of lawfully required public reports shall not be considered branch offices. A model unit means a permanent residential structure located in a subdivision or development used for such dissemination and distribution, so long as the unit is at all times available for sale, lease, lease option or exchange.

      (5) “Commissioner” means the Real Estate Commissioner.

      (6) “Compensation” means any fee, commission, salary, money or valuable consideration for services rendered or to be rendered as well as the promise thereof and whether contingent or otherwise.

      (7) “Competitive market analysis” means a method or process used by a real estate licensee in pursuing a listing agreement or in formulating an offer to acquire real estate in a transaction for the sale, lease, lease-option or exchange of real estate. The objective of competitive market analysis is a recommended listing, selling or purchase price or a lease or rental consideration. A competitive market analysis may be expressed as an opinion of the value of the real estate in a contemplated transaction. Competitive market analysis may include but is not limited to an analysis of market conditions, public records, past transactions and current listings of real estate.

      (8) “Expired” means, in the context of a real estate licensee, that the license has not been renewed in a timely manner, but may still be renewed.

      (9) “Inactive” means, in the context of a real estate licensee, that the license has been returned to the agency to be held until the licensee reactivates the license or the license expires or lapses.

      (10) “Lapsed” means, in the context of a real estate licensee, that the license has not been renewed in a timely manner and is not eligible for renewal.

      (11) “Letter opinion” has the meaning given that term in ORS 696.294.

      (12) “Management of rental real estate” means:

      (a) Representing the owner of real estate in the rental or lease of the real estate and includes but is not limited to:

      (A) Advertising the real estate for rent or lease;

      (B) Procuring prospective tenants to rent or lease the real estate;

      (C) Negotiating with prospective tenants;

      (D) Accepting deposits from prospective tenants;

      (E) Checking the qualifications and creditworthiness of prospective tenants;

      (F) Charging and collecting rent or lease payments;

      (G) Representing the owner in inspection or repair of the real estate;

      (H) Contracting for repair or remodeling of the real estate;

      (I) Holding trust funds or property received in managing the real estate and accounting to the owner for the funds or property;

      (J) Advising the owner regarding renting or leasing the real estate;

      (K) Providing staff and services to accommodate the tax reporting and other financial or accounting needs of the real estate;

      (L) Providing copies of records of acts performed on behalf of the owner of the real estate; and

      (M) Offering or attempting to do any of the acts described in this paragraph for the owner of the real estate; or

      (b) Representing a tenant or prospective tenant when renting or leasing real estate and includes but is not limited to:

      (A) Consulting with tenants or prospective tenants about renting or leasing real estate;

      (B) Assisting prospective tenants in renting or leasing real estate;

      (C) Assisting prospective tenants in qualifying for renting or leasing real estate;

      (D) Accepting deposits or other funds from prospective tenants for renting or leasing real estate and holding the funds in trust for the prospective tenants;

      (E) Representing tenants or prospective tenants renting or leasing real estate; and

      (F) Offering or attempting to do any of the acts described in this paragraph for a tenant or prospective tenant.

      (13) “Nonlicensed individual” means an individual:

      (a) Who has not obtained a real estate license; or

      (b) Whose real estate license is lapsed, expired, inactive, suspended, surrendered or revoked.

      (14) “Principal real estate broker” means an individual who holds an active license as a principal real estate broker and who employs, engages or supervises the professional real estate activity of another real estate licensee.

      (15) “Professional real estate activity” means any of the following actions, when engaged in for another and for compensation or with the intention or in the expectation or upon the promise of receiving or collecting compensation, by any person who:

      (a) Sells, exchanges, purchases, rents or leases real estate;

      (b) Offers to sell, exchange, purchase, rent or lease real estate;

      (c) Negotiates, offers, attempts or agrees to negotiate the sale, exchange, purchase, rental or leasing of real estate;

      (d) Lists, offers, attempts or agrees to list real estate for sale;

      (e) Offers, attempts or agrees to perform or provide a competitive market analysis or letter opinion, to represent a taxpayer under ORS 305.230 or 309.100 or to give an opinion in any administrative or judicial proceeding regarding the value of real estate for taxation, except when the activity is performed by a state certified appraiser or state licensed appraiser;

      (f) Auctions, offers, attempts or agrees to auction real estate;

      (g) Buys, sells, offers to buy or sell or otherwise deals in options on real estate;

      (h) Engages in management of rental real estate;

      (i) Purports to be engaged in the business of buying, selling, exchanging, renting or leasing real estate;

      (j) Assists or directs in the procuring of prospects, calculated to result in the sale, exchange, leasing or rental of real estate;

      (k) Assists or directs in the negotiation or closing of any transaction calculated or intended to result in the sale, exchange, leasing or rental of real estate;

      (L) Except as otherwise provided in ORS 696.030 (1)(L), advises, counsels, consults or analyzes in connection with real estate values, sales or dispositions, including dispositions through eminent domain procedures;

      (m) Advises, counsels, consults or analyzes in connection with the acquisition or sale of real estate by an entity if the purpose of the entity is investment in real estate; or

      (n) Performs real estate marketing activity as described in ORS 696.600.

      (16) “Real estate” includes leaseholds and licenses to use including, but not limited to, timeshare estates and timeshare licenses as defined in ORS 94.803, as well as any and every interest or estate in real property, whether corporeal or incorporeal, whether freehold or nonfreehold, whether held separately or in common with others and whether the real property is situated in this state or elsewhere.

      (17) “Real estate broker” means an individual who engages in professional real estate activity and who holds an active license as a real estate broker.

      (18) “Real estate licensee” means an individual who holds an active license as a real estate broker, principal real estate broker or real estate property manager.

      (19) “Real estate property manager” means a real estate licensee who is authorized to engage in management of rental real estate.

      (20) “Registered business name” means a name registered with the Real Estate Agency under which the individual registering the name engages in professional real estate activity.

      (21) “Sole practitioner” means a real estate broker conducting professional real estate activity not in conjunction with other real estate brokers or principal real estate brokers. [Amended by 1953 c.166 §5; 1955 c.322 §6; 1965 c.617 §1; 1973 c.416 §1; 1975 c.746 §1; 1977 c.649 §9; 1981 c.617 §2; 1985 c.589 §6; 1987 c.414 §37; 1987 c.468 §1; 1987 c.611 §12; 1989 c.724 §1; 1991 c.5 §26; 1995 c.217 §14; 1997 c.417 §5; 1999 c.488 §1; 2001 c.300 §10; 2003 c.347 §2; 2003 c.398 §6; 2005 c.116 §1; 2007 c.319 §1]

 

      696.015 Legislative finding; short title. (1) The Legislative Assembly finds the activity of persons seeking to assist others, for compensation, to deal in real estate in this state to be a matter of public concern. The provisions of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870, 696.990 and 696.995 are enacted to assist in creating for the public a healthy real estate market atmosphere and to assure that professional real estate activity is conducted with high fiduciary standards.

      (2) ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870, 696.990 and 696.995 may be cited as the Oregon Real Estate License Law. [1977 c.649 §2]

 

(Licensing)

 

      696.020 License required for individuals engaged in professional real estate activities; exception; rules. (1) The Real Estate Agency may issue a real estate license only to an individual.

      (2) An individual may not engage in, carry on, advertise or purport to engage in or carry on professional real estate activity, or act in the capacity of a real estate licensee, within this state unless the individual holds an active license as provided for in this chapter.

      (3) A real estate licensee is bound by and subject to the requirements of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870, 696.990 and 696.995 while:

      (a) Engaging in professional real estate activity; or

      (b) Acting on the licensee’s own behalf in the sale, exchange, lease option or purchase of real estate or in the offer or negotiations for the sale, exchange, lease option or purchase of real estate.

      (4) The agency by rule may establish provisions for a nonlicensed individual whose license is inactive or suspended and who acts on the licensee’s own behalf in the sale, exchange, lease option or purchase of real estate or in the offer or negotiations for the sale, exchange, lease option or purchase of real estate. [Amended by 1969 c.674 §1; 1975 c.746 §1a; 1977 c.649 §10; 1981 c.617 §2a; 2007 c.319 §4]

 

      696.022 Licensing system for real estate brokers and property managers; rules. (1) The Real Estate Agency shall establish by rule a system for licensing real estate brokers, principal real estate brokers and real estate property managers. The system shall establish, at a minimum:

      (a) The form and content of applications for licensing under each category of real estate professional licensed by the agency;

      (b) A licensing examination for each category of license;

      (c) Schedules and procedures for issuing and renewing licenses;

      (d) The term of a license in each category; and

      (e) Terms and conditions under which the license of a real estate licensee must be returned or transferred to the Real Estate Commissioner for purposes including, but not limited to, inactivation, suspension or termination of the license.

      (2)(a) A real estate broker may engage in professional real estate activity. A real estate broker may not employ, engage or supervise the professional real estate activity of another real estate licensee.

      (b) In order to qualify for a real estate broker’s license, an applicant must furnish proof satisfactory to the commissioner that the applicant has successfully completed the basic real estate broker’s educational courses and the examination required by rule of the agency. Proof of completion of all required courses must be provided at the time of applying for the license.

      (c) A real estate broker may conduct professional real estate activity as a sole practitioner after:

      (A) The individual has acquired three years of active experience as a real estate broker; or

      (B) The individual has acquired three years of active experience as a real estate salesperson as defined in ORS 696.025 (1999 Edition) and has successfully completed the real estate broker’s examination required by rule of the agency.

      (3)(a) A principal real estate broker may engage in professional real estate activity. A principal real estate broker may conduct professional real estate activity in conjunction with other real estate brokers or principal real estate brokers. In addition, a principal real estate broker must employ, engage or supervise the professional real estate activity of another real estate licensee.

      (b) In order to qualify for a principal real estate broker’s license, an applicant must meet the requirements of subsection (2)(b) of this section and must furnish proof satisfactory to the commissioner that the applicant has successfully completed the brokerage administration and sales supervision course, as required by agency rule, and has:

      (A) Three years of active experience as a licensed real estate broker; or

      (B) Three years of active experience as a real estate salesperson as defined in ORS 696.025 (1999 Edition) and has successfully completed the real estate broker’s examination required by rule of the agency.

      (4) In order to qualify for a real estate property manager’s license, an applicant must furnish proof satisfactory to the commissioner that the applicant has successfully completed courses in the legal aspects of real estate, real estate property management and accounting, bookkeeping and trust accounting practices. The applicant also must have successfully completed a real estate property manager’s license examination prescribed by rule of the agency. Proof of completion of all required courses must be provided at the time of applying for the license.

      (5)(a) A license for a real estate broker, principal real estate broker or real estate property manager shall be granted only to an individual who is trustworthy and competent to conduct professional real estate activity in a manner that protects the public interest. As a condition of licensing, the commissioner may require proof of competence and trustworthiness that the commissioner deems necessary to protect the public interest.

      (b) In implementing this subsection, the commissioner shall require fingerprints and criminal offender information of an applicant for initial licensing and may require fingerprints and criminal offender information of an applicant for license renewal. Fingerprints acquired under this subsection may be used for the purpose of requesting a state or nationwide criminal records check under ORS 181.534.

      (6) A license may be issued under this section only to an individual who is 18 years of age or older.

      (7) In order to qualify for a real estate broker’s license, a real estate salesperson licensed in another state or country must successfully complete a course of study and pass a real estate broker’s license examination, both as prescribed by agency rule.

      (8) In order to satisfy the educational requirements under subsections (2) to (4) and (7) of this section, a course must be approved by the commissioner. The commissioner shall determine the final examination score acceptable as evidence of successful completion for each required course.

      (9) The Real Estate Board may determine that an applicant for a principal real estate broker’s license or a real estate broker’s license has experience related to professional real estate activity that is equivalent to the experience required under subsection (2) or (3) of this section. [2001 c.300 §9; 2003 c.398 §7; 2005 c.116 §2; 2005 c.730 §37; 2007 c.319 §5]

 

      Note: 696.022 to 696.028 were added to and made a part of the Oregon Real Estate License Law by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      696.024 Payments due and owing to Real Estate Agency. To qualify for a real estate license under ORS 696.022 or to renew an active or inactive real estate license, the applicant must make full payment of any unpaid moneys due and owing to the Real Estate Agency, including any unpaid civil penalties assessed under a final order of the Real Estate Commissioner. [2001 c.300 §15]

 

      Note: See note under 696.022.

 

      696.025 [1977 c.649 §8a; 1981 c.617 §3; 1987 c.468 §2; 1987 c.611 §13; 1989 c.724 §2; 1991 c.5 §27; repealed by 2001 c.300 §84]

 

      696.026 Conducting business under broker’s name, under registered business name or through business organization; rules. (1) A real estate broker or principal real estate broker may conduct professional real estate activity under the broker’s name, a registered business name or a name prescribed by agency rule. The business name under which a broker conducts professional real estate activity has no license standing independent of the broker.

      (2) The agency by rule shall adopt a registration system for business names. The system shall allow the registration of any branch office of either a sole practitioner or a principal real estate broker.

      (3) A real estate broker or principal real estate broker operating under a business name registered by the broker need not be an owner or officer of any organization otherwise lawfully entitled to use the registered business name or have an ownership interest in the registered name. However, all professional real estate activity conducted by or on behalf of the broker must be conducted under the business name registered by the broker.

      (4) A real estate broker or principal real estate broker may register two or more business names if the business names are for affiliated or subsidiary business organizations. If a real estate broker or principal real estate broker registers the business names for two or more affiliated or subsidiary business organizations, the broker may conduct professional real estate activity separately under each business name. A real estate broker or principal real estate broker must supervise and control the professional real estate activity conducted under the broker’s name or registered business name.

      (5) A real estate broker employed, engaged or supervised by a principal real estate broker for required training and supervision by the principal real estate broker may have an ownership interest in any business through which the principal broker conducts professional real estate activity, but may not control or supervise the professional real estate activity of the principal broker and may not interfere with or be responsible for the training and supervision of any other broker.

      (6) A nonlicensed individual may have an ownership interest in any business through which a real estate broker or principal real estate broker engages in professional real estate activity, but may not control or supervise the professional real estate activity of any real estate broker or principal real estate broker licensed to control or supervise the professional real estate activity of such business.

      (7) Two or more real estate brokers operating under the same registered business name who do not exercise any administrative or supervisory control over one another are solely responsible for their own professional real estate activity.

      (8) Notwithstanding any other provision of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870, 696.990 and 696.995, a broker associated with a principal broker may create a corporation, limited liability company, limited liability partnership or any other lawfully constituted business organization for the purpose of receiving compensation from the principal broker. A business organization created under this subsection may not be licensed under ORS 696.022 or conduct in its own name professional real estate activity requiring a real estate license. [2001 c.300 §8; 2005 c.116 §3; 2005 c.393 §1; 2007 c.319 §6; 2007 c.337 §3]

 

      Note: See note under 696.022.

 

      696.028 Licensed personal assistant; rules. The Real Estate Commissioner may prescribe by rule the terms and conditions for licensed personal assistant agreements including, but not limited to, the duties and responsibilities of, the limitations on the activities of, and the nature and scope of the business relationship between a real estate licensee and a licensed personal assistant. [2001 c.300 §30]

 

      Note: See note under 696.022.

 

      696.030 Exemptions. (1) ORS 696.010 to 696.375, 696.392, 696.395 to 696.430, 696.490, 696.600 to 696.785, 696.990 and 696.995 do not apply to:

      (a) A nonlicensed individual who is a full-time employee of a single owner of real estate whose real estate activity involves the real estate of the employer and:

      (A) Is incidental to the employee’s normal, nonreal estate activities; or

      (B) Is the employee’s principal activity, but the employer’s principal activity or business is not the sale, exchange, lease option or acquisition of real estate.

      (b) A nonlicensed individual who acts as attorney in fact under a duly executed power of attorney from the owner or purchaser authorizing the supervision of the closing of or supervision of the performance of a contract for the sale, leasing or exchanging of real estate if the power of attorney was executed prior to July 1, 2002, in compliance with the requirements of law at the time of execution or if:

      (A) The power of attorney is recorded in the office of the recording officer for the county in which the real estate is located;

      (B) The power of attorney specifically describes the real estate; and

      (C) The individual does not use the power of attorney as a device to engage in professional real estate activity without obtaining the necessary real estate license.

      (c) A nonlicensed individual who acts as attorney in fact under a duly executed power of attorney in which the authorized agent is the spouse of the principal, or the child, grandchild, parent, grandparent, sibling, aunt, uncle, niece or nephew of the principal or of the spouse of the principal, authorizing real estate activity if the power of attorney is recorded in the office of the recording officer for the county in which the real estate to be sold, leased or exchanged is located.

      (d) A nonlicensed individual who is an attorney at law rendering services in the performance of duties as an attorney at law.

      (e) A nonlicensed individual who acts in the individual’s official capacity as a receiver, a conservator, a trustee in bankruptcy, a personal representative or a trustee, or a regular salaried employee of the trustee, acting under a trust agreement, deed of trust or will.

      (f) A nonlicensed individual who performs an act of professional real estate activity under order of a court.

      (g) A nonlicensed individual who is a regular full-time employee of a single corporation, partnership, association or nonlicensed individual owner of real property acting for the corporation, partnership, association or nonlicensed individual owner in the rental or management of the real property, but not in the sale, exchange, lease option or purchase of the real property.

      (h) An individual who is a registered professional engineer or architect rendering services in performance of duties as a professional engineer or architect.

      (i) A nonlicensed individual who is employed by a real estate broker or principal real estate broker and who acts as a manager for real estate if the real estate activity of the nonlicensed individual is limited to negotiating rental or lease agreements, checking tenant and credit references, physically maintaining the real estate, conducting tenant relations, collecting the rent, supervising the premises’ managers and discussing financial matters relating to management of the real estate with the owner.