24 Del. Admin. Code § 2900-9.0

Current through Register Vol. 28, No. 5, November 1, 2024
Section 2900-9.0 - Exemption for Provider of Property Management Services [24 Del.C. Section 2901(e)(5); 24 Del.C. Section 2902(a)(18)]
9.1 An individual performing property management services, in exchange for a fee, commission, compensation or other valuable consideration, shall be exempt from licensure only if the individual performs the following limited duties:
9.1.1 Maintenance.
9.1.2 Clerical or administrative support.
9.1.3 Collects or accepts rents or security deposits which are made payable to the owner or real estate brokerage.
9.1.4 Exhibits or shows residential rental units to prospective tenants, except that if the unit has been advertised to the public by a brokerage, only a brokerage employee or real estate licensee may show the unit.
9.1.5 Furnishes published information.
9.1.6 Supplies applications and leases.
9.1.7 Receives applications and leases for submission to the owner or brokerage for approval.
9.2 To be exempt from the licensure requirement, as provided in subsection 9.1, the individual performing property management services may not perform the following activities:
9.2.1 Negotiate or draft contracts or lease agreements.
9.2.2 Vary or deviate from the rental price or other terms and conditions previously established by the owner or broker when supplying information concerning the rental of property to a prospective tenant.
9.2.3 Approve applications or lease agreements, or settle or arrange the terms and conditions of a lease on behalf of the owner or broker.
9.2.4 Offer inducements to prospective tenants unless they are previously advertised or prearranged with the owner or broker.
9.2.5 Interpret or provide an opinion concerning the terms or conditions of a lease agreement.
9.2.6 Indicate to the public that the individual is in a position of authority with the ultimate managerial responsibility for the rental property.

24 Del. Admin. Code § 2900-9.0

24 DE Reg. 493 (11/1/2020) (final)