Legal Question in Real Estate Law in California

Anyone who engages in the sale of real estate for a commission has to have a real estate license. Attorneys do not have to first apprentice under a broker but rather can take the realtor test directly. No one is required to use a broker or agent if they do not seek to be paid a commission.

Anyone who engages in the sale of real estate in the expectation of being compensated for the services must have a license unless they are exempt under some provision of law. An attorney is exempt from the licensing requirements as to certain activities, such as handling purchases and sales of real property,in rendering legal services to a client. See Business and Professions Code section 10133(a)(3). This exemption does not, however, allow an attorney to do all the things a broker can do (such as arrange loans) nor to provide services for non-clients.