Minnesota Real Estate Statutes, Rules, and Licensing Requirements
Scope of the domain
Minnesota licensing is administered by the Commissioner of Commerce under Minn. Stat. ch. 82 and Minn. R. ch. 2110. The exam probes who must be licensed, how a license is earned and renewed, and what conduct triggers discipline.
Core rules
- Two license levels. A salesperson completes the prelicense course, passes the state exam, and then completes post-license education within the first year. A broker completes a broker course, documents three years of experience, and passes the broker exam.
- A salesperson may act only under a licensed broker. Commissions flow to and through the broker; paying a commission or referral fee to an unlicensed person is prohibited.
- Continuing education runs 30 hours per two-year license period, including required fair housing content.
- Unlicensed assistants may perform ministerial acts (delivery, scheduling, key handling) but may not negotiate, advise, or hold themselves out as agents.
- Advertising must identify the brokerage, not just the individual agent.
- Minn. Stat. § 82.81 lists grounds for discipline: fraud, misrepresentation, breach of trust, commingling, undisclosed dual agency, failure to account, and incompetence.
Worked example
A salesperson lists a duplex and runs an ad reading "Charming duplex - call Dana at 555-0100." No brokerage name appears. Dana is properly licensed, but the ad omits the responsible broker, so the advertising rule is broken. The fix is a corrected ad: "Acme Realty - Dana, 555-0100."
Traps that cost marks
- Assuming the prelicense course alone confers a license.
- Believing a salesperson may take a listing in her own name.
- Confusing post-license education with the 30-hour continuing education cycle.
- Forgetting that a broker needs documented experience, not just a passing score.