REPORT TITLE:
Property Management


DESCRIPTION:
Amends the definition of real estate broker and real estate
salesperson to allow unlicensed workers to show property being
managed by a property management company.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1427       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO REAL ESTATE.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that property management
 
 2 companies must have a licensed real estate broker or salesperson
 
 3 on the premise when showing a piece of property.  The legislature
 
 4 also finds that this is an unnecessary burden on the companies as
 
 5 long as the person showing the property does not discuss terms of
 
 6 the lease or sale and merely shows the property and passes out
 
 7 applications.  This would save the property management company
 
 8 considerable resources as they would be able to show properties
 
 9 without having to hire extra licensed real estate persons.  The
 
10 purpose of this Act is to allow property management companies to
 
11 have unlicensed persons show a piece of property and pass out
 
12 applications.
 
13      SECTION 2.  Section 467-1, Hawaii Revised Statutes, is
 
14 amended by amending the definitions of "real estate broker" and
 
15 "real estate salesperson" to read as follows:
 
16      a.  "Real estate broker" means any person who, for
 
17 compensation or a valuable consideration, sells or offers to
 
18 sell, buys or offers to buy, or negotiates the purchase or sale
 
19 or exchange of real estate, or lists, or solicits for prospective
 

 
Page 2                                                     
                                     H.B. NO.1427       
                                                        
                                                        

 
 1 purchasers, or who leases or offers to lease, or rents or offers 
 
 2 to rent, or manages or offers to manage, any real estate, or the
 
 3 improvements thereon, for others, as a whole or partial vocation;
 
 4 or who secures, receives, takes, or accepts, and sells or offers
 
 5 to sell, any option on real estate without the exercise by the
 
 6 person of the option and for the purpose or as a means of evading
 
 7 the licensing requirement of this chapter.  Unlicensed persons
 
 8 may show properties for property management companies and pass
 
 9 out applications for those properties as long as the persons do
 
10 not discuss terms of the transaction or make any transactions.
 
11      b.  "Real estate salesperson" means any individual who, for
 
12 a compensation or valuable consideration, is employed either
 
13 directly or indirectly by a real estate broker, or is an
 
14 independent contractor in association with a real estate broker,
 
15 to sell or offer to sell, buy or offer to buy, or list, or
 
16 solicit for prospective purchasers, or who leases or offers to
 
17 lease, or rents or offers to rent, or manages or offers to
 
18 manage, any real estate, or the improvements thereon, for others
 
19 as a whole or partial vocation; or who secures, receives, takes,
 
20 or accepts, and sells or offers to sell, any option on real
 
21 estate without the exercise by the individual of the option and
 
22 for the purpose or as a means of evading the licensing
 
23 requirements of this chapter.  Every real estate salesperson
 

 
Page 3                                                     
                                     H.B. NO.1427       
                                                        
                                                        

 
 1 shall be under the direction of a real estate broker for all real
 
 2 estate transactions. Unlicensed persons may show properties for
 
 3 property management companies and pass out applications for those
 
 4 properties as long as the persons do not discuss terms of the
 
 5 transaction or make any transactions."
 
 6      SECTION 3.  New statutory material is underscored.
 
 7      SECTION 4.  This Act shall take effect upon its approval.
 
 8 
 
 9                           INTRODUCED BY:  _______________________