Obtaining broker's license for purpose of buying own home

March 20, 2014

Opinion 2014-2

Dear Assistant Clerk Magistrate :

This letter is in response to your request of February 19, 2014, seeking an advisory opinion from the Committee. You state that you are an Assistant Clerk Magistrate. You and your husband are planning to purchase a home and you wish to obtain a broker’s license for the sole purpose of acting as a “buyer’s agent” in connection with that purchase. You state that you would not act as an attorney in the transaction and that you have no plans to act as a broker in other transactions. You seek an opinion as to whether obtaining a broker’s license and acting as a “buyer’s agent” in connection with the purchase of a home by you and your husband would violate the code of Professional Responsibility for Clerks of the Courts. Subject to compliance with the provisions of Canon 3 (devoting the entire time during normal court hours to the duties of the office) and Canon 4B (“Personal Affairs”), the Committee is of the opinion that obtaining a broker’s license and acting as a buyer’s agent in connection with your purchase of a personal residence would not violate the Code. The Committee was not asked and has not addressed the question whether it would be permissible for you to act as broker for third persons.

Sincerely,
Christine P. Burak, Secretary