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02/12/13
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02/12/13
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7/18/2025 11:23:48 AM
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2/13/2013 1:16:02 PM
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Meetings
Meeting Document Type
Agenda
Document Title
Housing & Redevelopment Authority
Document Date
02/12/2013
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termination, i.e., those on the "Hot List" as defined on page 16, paragraph 7, a -f of the <br />March 22, 2010 letter appended to and made part of the Purchase of Services Agreement <br />(i.e., the contract). <br />Finally, the parties appear to have contemplated that Landform's real estate promotion <br />activities may be construed as activities requiring a broker's license under Chapter 82 of <br />the Minnesota Statutes.. Paragraph - X on page 2 of the Purchase of Services Agreement <br />states that Landform, its team members, employees, and consultants are "real estate <br />brokers or salespersons" under Chapter 82. This paragraph also states that "Landform <br />will not be entitled to any compensation for work which requires a license under said <br />Chapter 82." <br />III. Legal Analysis. <br />The starting point for any legal analysis must be the relevant statutory provisions. <br />Chapter 82 of the Minnesota Statutes requires that real estate brokers be licensed. <br />Section 82.55, subd. 19 defines "real estate broker" thusly: <br />"Real estate broker" or "broker" means any person who: <br />(a) for another and for commission, fee, or other valuable consideration or <br />with the intention or expectation of receiving the same directly or indirectly <br />lists, sells, exchanges, buys or rents, manages, or offers or attempts to <br />negotiate a sale, option, exchange, purchase or rental of an interest or estate <br />in real estate, or advertises or holds out as engaged in these activities; <br />(f) for another and for commission, fee, or other valuable consideration or <br />with the intention or expectation of receiving the same, promotes the sale of <br />real estate by advertising it in a publication issued primarily for this <br />purpose, if the person: <br />(1) negotiates on behalf of any party to a transaction; <br />(2) disseminates any information regarding the property to any party or <br />potential party to a transaction subsequent to the publication of the <br />advertisement, except that in response to an initial inquiry from a potential <br />purchaser, the person may forward additional written information regarding <br />The case law and related analysis set forth in the previous memorandum appears to be <br />well researched and the conclusions derived therefrom well founded. In light of the fact <br />that the statute itself, without the aid of illuminating case law, appears to clearly define <br />Landform's activities relating to promoting the sale of property in the COR as those that <br />require a broker's license, additional case law research on this ,specific issue will not be <br />performed unless requested. <br />Page 3 of 3 <br />
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