Section 08.88.900. Exceptions.

   (a) Except as provided in (b) of this section, this chapter does not apply to
        (1) a person who is not licensed under this chapter who manages or makes a real estate transaction with respect to real estate the person owns or is seeking to own so long as the compensation the person receives does not include any portion of the commission or other compensation paid to a real estate licensee in the transaction;
        (2) an attorney-in-fact under a power of attorney authorizing the consummation of a specific real estate transaction; an attorney-in-fact may not act as such under this paragraph for more than two transactions in a calendar year;
        (3) a lawyer performing duties as a lawyer;
        (4) a public official in the conduct of official duties;
        (5) a person acting as receiver, trustee, administrator, executor, or guardian;
        (6) a person acting under court order;
        (7) a person acting under the authority of a will or trust instrument;
        (8) a person dealing in mineral rights transactions;
        (9) an employee of a domestic or foreign corporation, general or limited partnership, or limited liability company when performing an act described in AS 08.88.161 incidental to the regular course of business when the act relates to the management, sale, or other disposition of real estate owned by the foreign or domestic corporation, general or limited partnership or limited liability company; the exemption under this paragraph does not apply to a person employed by a foreign or domestic corporation, partnership, limited partnership, or limited liability company who performs an act described in AS 08.88.161 either
             (A) as a vocation; or
             (B) for compensation if the amount of the compensation is dependent upon or directly related to the value of the real estate with respect to which the act is performed;
        (10) a person performing duties as a resident manager;
        (11) a bookkeeper or accountant performing bookkeeping or accounting functions;
        (12) a secretary or receptionist in a real estate office accepting rent or association fees and providing a written receipt for the rent or fees when a tenant or community association member delivers the rent or fees to the real estate office;
        (13) tradesmen or vendors of services performing maintenance and repair functions;
        (14) an employee of a real estate firm or of a property owner delivering or accepting a real estate contract or application, or a related amendment, to or from another person;
        (15) an individual assisting in the performance of real estate activities only by carrying out administrative, clerical, or maintenance tasks;
        (16) the management of a total of four or fewer residential units by a natural person for other persons;
        (17) community association management for property organized under AS 34.07 or AS 34.08 by a resident owner of a unit in the property if the owner is a member of a self-managed community association for the property;
        (18) community association management by a developer of property organized under AS 34.07 or AS 34.08 during the period that the developer retains control of at least 51 percent of the property;
        (19) an attorney-in-fact who, for a relative, acts under a power of attorney that authorizes the consummation of a specific real estate transaction; in this paragraph, "relative" means a spouse or a great grandparent, grandparent, parent, uncle, aunt, sibling, child, nephew, niece, grandchild, or great grandchild by the whole or half blood or by marriage but does not include a relative who is only related through a step relationship, such as a stepbrother or the child of a stepbrother, except that "relative" includes a stepchild;
        (20) a mobile home dealer; or
        (21) the management by a natural person of property for another person without a fee other than the reimbursement of expenses.
   (b) Notwithstanding that, under this section, a person is exempt from this chapter, AS 08.88.401(d)(1) prohibits a licensee from knowingly paying to that person any part of a fee, commission, or other compensation received by the licensee in buying, selling, exchanging, leasing, auctioning, or renting real estate.

Authorities

8.88.391; 8.88.421

Notes

Implemented As

12 AAC 64.065
12 AAC 64.095
12 AAC 64.905

References

12 AAC 64.905
12 AAC 64.990
AS 8.88.391 .391">Sec. 08.88.391. Conflict of interest.
AS 8.88.421 .88.421">Sec. 08.88.421.

History

(Sec. 1 ch 95 SLA 1964; am Sec. 1 ch 38 SLA 1969; am Sec. 19 ch 28 SLA 1974; am Sec. 29 - 31 ch 167 SLA 1980; am Sec. 14 ch 37 SLA 1986; am Sec. 3 ch 133 SLA 1996; am Sec. 47, 48 ch 45 SLA 1998; am Sec. 1 ch 72 SLA 1999)