Bill 28 (Legislature 6, Session 2)

L6 S2 9111

Alberta — Bills

BILL No. 28 of 1~~8.

An Act to Provide for the Licensing of Real Estate Agents and Real Estate Salesmen. (Assented to ,1928.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. 1.. This Act may be cited as "The Real Estate Agents' Licensing Act." ·INTERPRETATION. 2.

In this Act, unless the context otherwise requires- (a) "Minister" shall mean the Provincial Treasurer, or any member of the Executive Council to whom from time to time may be transferred, either for a limited period or otherwise, the powers and duties which are by this Act assigned to the Minister; (b) "Person" shall include any partnership, association or corporation; ( c) "Prescribed" shall mean prescribed by this Act or the regulations made under tliis Act; (d) "Real estate agent" shall mean any person who, for others, and for compensation or profit, or promise thereof, sells, exchanges, buys, leases or rents, or· offers or attempts to negotiate a sale,oexchange, pur chase, lease or rental of real estate, 01" negotiates or offers or attempts to negotiate a loan Sfcured or to be secured by mortgage or other transfer of or encumbrance on real estate; (e) "Real estate salesman" shall mean any person who is employed by a real estate agent to negotiate the sale, exchange, purchase, lease or rental of real estate, or to negotiate loans on real estate; (I) "Superintendent" shall mean the Superintendent of Insurance or the Deputy Superintendent appointed under the provisions of The Alberla Insurance Act. 3.

This Act shall not apply to- (

a) any person in respect of real estate owned by him or in which he has a substantial interest;·

2 (

b) any trust company carrying on business in the Prov ince of Alberta, insofar as estates under administra tion by such trust company are concerned; (

c) any member in good standing of the Law Society of Alberta; (

d) any liquidator, l'eceiver, trustee in bankruptcy or any person acting under the order of any Court, or any trustee selling under the terms of any will, marriage settlement or deed of trust. 4.-

(1) No person who is not the holder of a subsisting license shall act as a real estate 'agent or real est</-te sales man'in the Province.

(2) A firm, partnership or corporation may apply· for and obtain a license, but on application shall nominate an officer or member of such firm, partnership or corporation whose name shall appear on the license and who shall act as a real estate agent, and be bonded as such on behalf of the applicant.

(3) Any associate, partner or employee of a real estate agent, and any officer, member or employee of a firm, part nership or corporation licensed as a real estate agent may apply for and obtain a license 'authorising the holder thereof to act as a real estate salesman and every application for a license of a real estate salesman shall have attached thereto in a form apPl.:oved by the Superintendent a recommenda tion of the applicant, made by a licensed real estate agent, along with 'a declaration 'that 'the applicant, if granted a license, is to act as a real estate salesman employed by and . representmg the real estate agent making the 'declaration and is to be bonded· as· such under this Act, and the license shall have inscribed thereon the name of such real estate agent as principal of the licensee. 5.

Every applicant for a license under this Act shall (

a) deliver to the Superintendent an application in the form p:r;escribed by him; (

b) file with the Superintendent, arid while under license maintain a bond, issued by an insurer licensed under The Albm'ta Insurance Act, in such form and con taining such. conditions and. sureties as may be re quired ,by the Superintendent; made and executed to· the Minister in the penal sum of ·one thousand dollars conditioned for the paym,ent of all damages or compensation for which the real estate agent or real estate salesman is liable to any person by reason of incompetency or dishonest dealing on the part of the real estate agent or real estate salesman and any person to whom the real estate agent or real estate salesman is liable may recover such damages 01' compensation by. action brought on the bond of the real estate agent or real estate salesman or on both bonds and against the insurer liable under the bond.

3 6.

Upon receipt of an application for a license and upon payment of the prescribed fee and filing a bond, tp.e Super- ' intendent, if satisfied that the applicant irS a suitable Pel"son to receive a license, may issue, to the applicant, a liGense authorising the polder during the term thereof to carry, on the business of a real estate agent or act as a real estate'salesman within Alberta, but if the Supel'intendent, after due investigation made by him or his representative, is of the opinion that the applicant is not a suitable person to receive a license,. he may at his uncontrolled' discretion refuse a license to such applicant. 7.

Every license shall expire on the thirtieth day of June of each year, but may be renewed on due application to'the Superintendent and payment of the prescribed fee, unless previously revoked or suspended by the Superintendent. 8.

On the date a real,estate salesman severs his connec tion with or ceases to be the representative of the real e&tate agent whose name appears as principal on the'licenselssued to such real estate salesman, such license shall be suspended, and the real estate agent named therein as principal shall forthwith notify the Superintendent in writing 'tha,t the, re lationship of principal '~md agent 'as it' existed under the license has been terminated and shall state the reason why the relationshiphas been terminated, and 'the license of 'such real estate salesman shall remain suspended, bu't may be reinstated, at any time, subjE)ct to the discretion of the, Su perintendent upon filing ,with thE) Superintenden.t notice ,'of a new appointment as a real estate salesman 3:11d upon- pay ment of a fee of one dollar. 9.

Any person wh() claims to, have been qamaged Qy'the incompetency or dishonest dealing of a real estate, agent or real estate salesman, or, who claims to have knowledge of such incompetency or dishonest dealing may file with the Superintendent a complaint in writing setting forth, the cause of complaint, with full particulars verified by t'ltatutory declarations. . 10.

The Superintendent may revoke the 'license of any real estate agent or real estate salesman if after due inves tigation by him or his agent he determines that the real estate agent or real estate salesman to whom the license was issued has violated 'any of the provisions of this Act, or of the regulations made thereunder or 'of the laws of Canada respecting the misappropriation of money or is incompetent, untrustworthy, or dishonest, and when the license of a real estate agent is revoked the license of a real estate salesman (if any) acting as the representative of such real estate agent shall thereupon be suspended: 11.

When the license of a real estate agent or real estate salesman has been revoked the Superintendent on applica tion, may renew such license, but no such renewal shall be granted until after one year from the date of revocation.

4 :12. When a license has been revoked or suspended by the Superintendent and the licensee feels himself aggrieved, he may appeal to the Minister to have the license reinstated, whereupon the Minister shall investigate the circumstances under which the license was revoked or suspended and shall either reinstate the license or confirm the . revocation. :13.

No person who is not the holder of a license as a real estate agent or a real estate salesman shall collect or attempt to collect compensation for any act or expenditure done or incurred by him in respect of the negotiation of any sale, exchange, purchase, lease or rental of real estate, or in respect of the negotiation of any loan on real estate. :14. 'No person shall be entitled to recover any compen sation for any act done in contravention of the provisions of this Act;, or, to reimbursement for any expenditure in curred by him in or in connection with the doingof any such act. :15.

Any person violating any of the provisions of this Act or of any rules, or regulations made thereunder, or omit ting or: refusing or neglecting to fulfill, perform, observe, QrcaITyout any duty or obligation created or imposed by this Act or 'any rules or regulations made thereunder, shall ,be liable upon ;summary conviction'to a penalty of not less thl;tn, ,twenty' dollars and costs, and not more than two hun dred ,dollars and costs, for every such offence. , .

I I ':t6~ In any pr,osecution under this Act where the accused pleaQ,s that at the time of the act or omission complained 'of he was the holder of' a license, the burden of proof shall be on the accused. :17. Every prosecution under this Act shall be commenced 'within two years from the date at which the offence is alleged to have been committed. 18~ The fees payable under this Act shall be as follows: (

a) for the' lIcense of ~ ;eal estate agent in ' (b) (c) (d) (

e) towns or <'ities having a population of 5,000 or more ............................. . for the license of a rea.! estate agent in towns or cities having a population of less than 5,000' ........................... . for the license of 'a real estate agent in any other part of the Province ............. . for the ,license of a real estate salesman .. for amending or reinstating a license .... $10.00 7.50 5.00 3.00 1.00 :19. 'For the purpose of carrying the provisions of this Act into effect, the Lieutenant Governor in Council may make such regulations .as may be deemed necessary or ad visable. ,20. This Act shall come into effect on ............... .

No. 28. SECOND SESSION SIXTH LEGISLATURE 18 GEORGE V 1928 BILL

An Act to Provide for the Licensing of Real Estate Agents and Real Estate Salesmen. Received and read the First time ................... . Second time .................. . Third time ................... . HON. MR. REID. ,EDMONTON: W. D. McLEAN, ACTING KING'S PRINTER A.D. 1928 Title: 1928 (6th, 2nd) Bill 28,

An Act to Provide for the Licensing of Real Estate Agents and Real Estate Salesmen

Document details

Collection	Alberta — Bills
Citation	L6 S2 9111
Type	bill
Volume / chapter	L6 S2 9111
Language	en
Format	json
Source	PROVINCIAL
Identifier	50ee78509e9546b07825128bc8e095fc3cb30128

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