Delaware Real Estate Broker Exam — All Questions

Which of these people needs a Delaware real estate license to do the work described?

• a.An executor who sells estate property under an order of a court
• b.An on-site rental agent who negotiates lease terms and approves tenants✓
• c.An auctioneer who cries a sale of real property on the day of the auction
• d.An attorney-at-law who drafts a deed while representing a client

The rental agent is describing licensed activity. 24 DE Admin. Code 2900 § 9.1 exempts a provider of property management services only for limited duties — maintenance, clerical support, collecting rent, showing units, supplying and receiving applications — and § 9.2 then bars that unlicensed person from negotiating or drafting lease agreements, approving applications, or varying the terms the owner set. Everyone else on the list is expressly outside the chapter: 24 Del. C. § 2901(e)(3) excludes services rendered by an attorney-at-law and any person selling real estate under order of any court, including an executor, and § 2901(e)(4) excludes an auctioneer as defined in 30 Del. C. § 2301(a)(3). The auctioneer exemption is narrow in time rather than in kind: rule 1.4.1.1 confines it to the day of the auction, though advertising the auction beforehand is still allowed.

A Delaware brokerage operates as a limited liability company. Under Chapter 29 the company itself is:

• a.Licensed as a corporate broker under a separate class of license
• b.Licensed jointly with the designated on-site supervisor of its office
• c.Licensed as a brokerage organization once its members qualify
• d.Not licensed; it must have a broker who is licensed and responsible✓

Delaware licenses people, not firms. 24 Del. C. § 2901(c) states that “no brokerage organization, corporation, partnership or other business entity shall be licensed under this chapter,” and then permits the firm to provide real estate services so long as it has a broker who is responsible for those services and who may have affiliated associate brokers or salespersons working under supervision. § 2902(a)(3) confirms the point by defining a brokerage organization as the entity “which is not licensed but is acting as a broker under § 2901(c).” So there is no entity license to be earned by qualifying the members, no corporate broker class, and nothing for a designated on-site supervisor to be jointly licensed with — that supervisor runs a branch office under § 2919(d) and holds an individual license like anyone else.

Delaware licenses renew biennially and expire on 30 April of each even-numbered year. To renew, a licensee must complete:

• a.30 hours across ten prescribed three-hour modules
• b.21 hours across seven prescribed three-hour modules✓
• c.14 hours across seven prescribed two-hour modules
• d.12 hours of any courses the Commission has approved

24 DE Admin. Code 2900 § 14.1.2 requires “21 acceptable CE hours in the following 7 Modules during the previous licensure period in order to renew,” three hours each in agency and fair housing, professional standards, real estate documents, office management, legislative issues, practices of real estate, and electives. The count and the module structure travel together, which is why a bare hour total with free choice of subject is wrong — Delaware prescribes what the hours must be about, and rule 14.12.3 excludes Module 5, legislative issues, even from the advanced-course substitutions. The other totals match no Delaware requirement. Newly licensed individuals carry an extra burden under rule 14.13: twelve more hours, in four named new-licensee subjects, within 90 days of license issuance.