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the property which has been prepared prior to the publication by the seller or broker or a representative of either; (3) counsels, advises, or offers suggestions to the seller or a representative of the seller with regard to the marketing, offer, sale, or lease of the real estate, whether prior to or subsequent to the publication of the advertisement; (4) counsels, advises, or - offers - suggestions to a potential buyer or a representative of the seller with regard to the purchase or rental of any advertised real estate; or (5) engages in any other activity otherwise subject to licensure under this chapter; Accordingly, under subsection (a), one who (1) manages, offers, or attempts to negotiate a sale, (2) of an interest in real estate, (3) in exchange for compensation, is a real estate broker. Further, simply holding oneself out as engaged in such activities qualifies one as a real estate broker. Under subsection (f), one who promotes a sale of realty by advertising it in a publication primarily meant for promoting real estate, and who also satisfies one or more of the five listed criteria, is a real estate broker. Section 82.56 sets forth numerous exceptions to the definition of real estate broker, none of which would appear to cover Landform or its principals. Importantly, § 82.85 prohibits a party who is required to be licensed as a real estate broker from bringing any civil action in the state courts for recovery of compensation due for real estate brokerage services unless the party proves they are licensed. Subdivision 1 thereof specifically states: Subdivision 1. Compensation actions; proof of license. No person shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts for which a license is required under this chapter without alleging and proving that the person was a duly licensed real estate broker, salesperson, or closing agent at the time the alleged cause of action arose. This provision therefore prohibits a civil action in the courts of Minnesota for the recovery of compensation due for only those activities for which a broker's license is required. Activities for which a broker's license is not required, e.g., civil engineering, planning, surveying, consulting, etc., would still be actionable. This is contrary to the opinion expressed in the previous memorandum, which states that "Landform is not entitled to compensation for any of Lazan's services," since as further explained below not all of the services provided by Landform fall under the definition of a real estate broker. Page 4 of 4