Who qualifies as a real estate agent?

Per the legal definition, "real estate agent" 

• means a person who, or a partnership in which he is a member which, carries out a real estate transaction in the course of a business by –

  1. negotiating the sale, exchange, purchase or lease of real estate;
  2. directing or assisting in the procuring of prospects, or the negotiation or closing of transactions which result in the sale, exchange, purchase or lease of real estate;
  3. taking part in the procuring of vendors, purchasers, lessors, lessees, landlords or tenants of real estate;
  4. engaging in real estate management, either as a consultant or as an agent;
  5. advertising or holding himself out as being engaged in the business of negotiating the sale, exchange, purchase or lease of real estate;
  6. receiving payment for a real estate transaction, either by himself, his partner, his employee or his agent; and

• includes –

  1. a land promoter;
  2. a property developer; and
  3. such other class of persons as may be prescribed; but

• does not include –

  1. Repealed by [Act No. 15 of 20211]
  2. a person, employed by the State, a statutory body or such other body as may be prescribed, who, in the discharge of his functions, carries out a real estate transaction;
  3. a person who acts for, or on behalf of, another person under a power of attorney to carry out a real estate transaction, provided that he does not carry out that transaction for any profit or consideration;
  4. an administrator, a liquidator, a receiver manager, a receiver, an auctioneer or a trustee who, in the discharge of his functions, carries out a real estate transaction;
  5. any person who, by virtue of a Court order, carries out a real estate transaction;
  6. such other class of persons as may be prescribed;