NDT S.B. 221 75(R)BILL ANALYSIS


LICENSING & ADMINISTRATIVE PROCEDURES
S.B. 221
By: Sibley (Brimer)
3-17-97
Committee Report (Unamended)



BACKGROUND 

In 1995, the Legislature amended Section 15(a)(6)(G) of the Real Estate
License Act to require a definite termination date, that is not subject to
prior notice, in any contract for a real estate broker's services. This
expanded a long standing requirement that definite termination dates be
included in listing contracts to also require definite termination dates
in buyer representation agreements and tenant representation agreements. 

The 1995 amendment was broadly written so that the Act now requires
property management agreements to have definite termination dates that are
not subject to prior notice. Traditionally, a property manager might enter
into an agreement that would automatically renew from year to year.
Property management agreements are typically on-going relationships that
may last several years.  The real estate industry reported that the 1995
amendment was not intended to change this practice in the property
management field. 


PURPOSE

To permit real estate brokers to enter into property management agreements
that may automatically renew from period to period, without lifting the
requirements that other brokerage service contracts (listings and buyer
representation agreements) contain definite termination dates that are not
subject to prior notice. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

Section 1.  Exempts property management agreements from the requirement
that a brokerage service contract contain a definite termination date that
is not subject to prior notice. 

Section 2.  Effective date.  Provides that the Act applies only to
contracts executed on or after the effective date.  Contracts executed
before the effective date are governed by the law then in effect. 

Section 3.  Emergency Clause.