For details, please read Republic Act No. 9646.
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License Required to Practice.
No person shall directly or indirectly engage in the real estate service, practice, or represent himself as a real estate salesman, broker, appraiser or consultant without having first secured the corresponding license from the Director in accordance with these rules. (Sec. 1, Art. V, DTI Ministry Order No. 39, Series of 1985, as amended )
WHO is a real estate salesman ?
A REAL ESTATE SALESMAN is a natural person who performs for and in behalf of a real estate broker under whom he is licensed, any of the functions of a real estate broker, for or in expectation of a share in the commission, fee, compensation or other valuable consideration. ( Sec. 2, Article III, MO 39, Series of 1985 )
Is it required that a person who wants to be a real estate salesman be licensed before he can start selling real estate?
Yes, it is required that one must first be licensed before he or she can start selling real estate.
Is a real estate agent, real property consultant, property investment consultant, property counselor, property adviser also required to be licensed ?
If the function or work that will be done is to sell real estate or engage in real estate service practice, then, even if the title is that of a “real estate agent”, “real property consultant”, “property investment consultant” or, whatever designation or name it is called, one must still be licensed so long as he or she is actually doing selling of real estate or engaging in real estate service practice as a real estate salesman. The fact that the position or job is called a different name from a “real estate salesman” does not exempt the person from being licensed.
What are the qualifications to be a licensed Real Estate Salesman ?
Only natural persons (or individuals ) can be a real estate salesman, and must have the following qualifications :
o Any person who has a certification/endorsement from a licensed real estate broker that said person is under his/her employment
o At least high school graduate
o At least 21 years of age
o Not convicted of any offense involving moral turpitude
Does someone who wants to be a licensed Real Estate Salesman have to take any licensure examinations ?
There is no need for someone to take the written examinations to be a licensed real estate salesman but one must simply meet the required qualifications.
Where does one apply for a license as a real estate salesman ?The application is filed with the Department of Trade and Industry, or through its Regional Offices and application forms may be obtained from said offices. The application must be signed by the licensed real estate broker for whom the real estate salesman shall be under his or her supervision, whether the licensed broker shall be an individual licensed real estate broker or a duly licensed real estate brokerage company.
What about if the real estate salesman is also selling real estate subdivisions, condominium projects and the like, is a license still required?
The license which is issued by the Department of Trade and Industry is sufficient, but in addition, the real estate salesman must register with the Housing Land Use Regulatory Board (HLURB). Under Sec. 11 of Presidential Decree No. 957 (Subdivision and Condominium Buyer’s Protective Decree), no real estate broker or salesman shall engaged in the business of selling subdivision lots or condominium units unless he has registered himself with the Authority (HLURB).
Does someone who will work or is working with a real estate corporation or company or real estate marketing company still need to get a license, even if just an in-house agent ?
Yes,, working as an in-house agent means that the person is engaged in selling real estate which is being marketed by the said corporation or company and as such, the person, even as an in-house agent must be duly licensed as a real estate salesman.
What happens if someone engages in selling real estate but does not have a license as a real estate salesman?
Any person who shall engage in real estate service practice, such as a real estate salesman without first having secured a license shall be liable administratively with the Department of Trade and Industry and shall likewise be criminally liable.
