Exemptions on Acts of Practice of Real Estate

Are you planning to engaged in real estate but you have no accreditation or license? By Law it's prohibited. The Real Estate Service Act RA 9646 sets a new chapter for real estate industry, it's now the bible of the real estate practitioners when it comes to the scope and safeguard on practicing the profession against those colurum or unlicensed agents.

Under the the Article 1 Section 28 of the RA 9646 , known as the Real Estate Service Act (RESA law), the following are the exemptions from the acts constituting the practice of Real Estate Service Service.

(a) Any person, natural or juridical, who shall directly perform by himself/herself the acts mentioned in Section 3 hereof with reference to his /her or its own property, except real estate developers who are regulated by and registered with the Housing and land Use regulatory Board (HLURB) pursuant to law and other resolutions/regulations such as but not limited to Presidential Decree(PD) 957, as amended, and Batas Pambansa Blg. 220 and their Implementing Rules and Regulations.

(b) Any receiver, trustee or assignee in bankruptcy or insolvency proceedings.

(c) Any person acting pursuant to the order of the court of justice.

(d) Any person who is duly constituted attorney in fact for purposes of sale, mortgage, lease or exchange, or other similar contracts, without requiring any form of compensation or remuneration; and

(e) Public Officers in the performance of their official duties and functions, except government assessors and appraisers.
With the above provision under the Real Estate Service Act or RA 9646, it's very clear that no one but only licensed or accredited real estate practitioners are the only allowed to practice in selling, mediating or facilitating the sales, transfer or any services regarding real estate industry. Another exception is for unlicensed individual Selling Personal Properties because this comes with certain limitations.

Reference: RA 9646: Real Estate Service Act

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Realtor & Webmaster

Good day! I'm Jerome, your friendly Real Estate Broker with PRC License 0012399 and HLURB registration. Just sharing simple tips, please share if you find it useful! Thanks!

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