Unlicensed Practice of Law In Real Estate

The Hawaii Supreme Court is considering a proposed rule that real estate sales agents and brokers cannot interpret nor advise buyers and sellers as it relates to real estate contracts as the proposed rule claims this is the unauthorized practice of law. Obviously this could have a significant impact on the role of real estate agents throughout the State of Hawaii. The Hawaii Association of Realtors (HAR) is vigorously opposing this Proposed Rule. If the Proposed Rule becomes law, then Buyers and Sellers will need to retain the advice of legal counsel as it relates to any questions or interpretations of language within the body of the contract. For now, it is business as usual, and I cannot imagine the proposed rule will pass and become law. However, it is comforting for my clients to know I am a licensed real estate agent and attorney.