Can a public officer engage in real estate without a license while performing his or her duties as a public officer?

A public officer can engage in real estate transactions without a license as long as they are operating within the scope of their official duties. This exemption is grounded in the notion that public officers are performing functions that may require interaction with real estate, such as conducting property assessments or managing public land, which arise from their role in government.

This privilege is not extended to private real estate transactions outside the bounds of their official responsibilities; the exemption strictly pertains to actions taken as part of their governmental role. The requirement for a real estate license is typically in place to ensure that individuals engaging in real estate activities meet specific professional standards and have the necessary training. Therefore, the necessity for a license is suspended when the public officer is performing duties expressly tied to their position.

Engaging in real estate as a public officer in any other context—outside of official duties—would require a valid real estate license, reinforcing the importance of adhering to legal requirements in the profession.