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In this case there is no doubt that Landform is trying to effect a sale of the COR property <br />so that it will realize the anticipated compensation. The Courts have been firm that the <br />key word in the licensure statute is "negotiate." Bridgeplace Associates, LLC v. Henry J. <br />Lazniarz, Mn, Ct. Appeals (2005). <br />There are exemptions in the statute for certain professions. For instance, a real estate <br />developer might be exempt under the following provision: <br />The term real estate broker does not include...any person who <br />acquires real estate for the purpose of engaging in and does engage <br />in or who is engaged in the business of constructing residential, <br />commercial or industrial buildings for the purpose of resale if no <br />more than 25 such transactions occur in an 12 month period and <br />the person complies with Section §82.75." <br />Minn. Stat. §82.56 (i). The courts have held that, even if a developer has bought, built <br />and resold less than 25 parcels in a year, it is still not exempt unless if has maintained a <br />trust account in compliance with Minn. Stat, §82.75. Bridgeplace Associates, LLC v. <br />Henry K Lazniarz, MN. Ct. App. (2005; Douglas v. Shuette, 607 N.W.2d 142, 147 <br />(Minn. App. 2000) <br />It is problematic whether Landform is a developer. It does not appear it has ever <br />acquired, built and then resold property. Rather, in reviewing the dates of formation of <br />Landform Engineering Company, Inc. and Landform Professional Services, LLC, it <br />appears that its employees were employees solely by Landform Engineering Company, <br />Inc., until it landed the Ramsey HRA contract in 2009, at which point they formed <br />Landform Professional Services, LLC. Regardless of the name of the company, it does <br />7 <br />