Title 21 — Real Property

Prosecution of Violations by Attorney General. (a) It is unlawful for any person to engage in the business, act in the capacity of, advertise or assume to act as a real estate broker or a real estate salesman within Guam without first obtaining a real estate license from the Depa…

(a) “Broker” means an individual, other than a salesman, who, for another and for compensation: (1) Sells, exchanges, purchases, rents or leases real estate; (2) Offers to sell, exchange, purchase rent or lease real estate; (3) Negotiates, offers, attempts or agrees to negotiate …

A “real estate salesman” within the meaning of this Division is a natural person who, for a compensation or in expectation of a compensation , is employed by a licensed real estate broker to sell, or offer for sale, or to list, or to buy, or to offer to buy, or to negotiate the p…

A “real estate salesman” within the meaning of this Division includes a natural person who for compensation is employed by a licensed real estate broker to sell a promissory note secured by a lien on real property, unless such note is sold to an underwriter or is one of a series …

Anyone who directly performs any of the acts within the scope of this Division with reference to his own property or, in the case of a corporation which, through its regular officers receiving no special compensation therefor, performs any of the acts with reference to the corpor…

One act of buying or selling real estate of or for another for a compensation or in expectation of a compensation, or offering for another to buy or sell or exchange real estate, or negotiating the purchase or sale or exchange of, or listing or soliciting prospective purchasers o…

Secured by Lien on Real Property. One act, for a compensation, of selling or offering to sell, buying or offering to buy, or negotiating the purchase or sale or exchange of a promissory note secured by a lien on real property, when such note is not sold to an underwriter or is no…

When a lease or leasing is referred to in this Article, it includes any lease, whether such lease is the sole transaction involved, or the principal or an incidental part of the transaction involved. SOURCE: GC § 58137.

No person engaged in the business or acting in the capacity of a real estate broker or a real estate salesman within Guam shall bring or maintain any action in the courts of Guam for the collection of compensation for the performance of any of the acts mentioned in this Article w…

Compensation by Salesman to Licensee Other Than Through Broker: Penalty for Violation of Section. (a) It is unlawful for any licensed real estate broker to employ or compensate, directly or indirectly, any person for performing any of the acts within the scope of this Chapter who…

Licensed Broker. (a) It is a violation, punishable by a fine of not exceeding $50 for each offense, for any person whether obligor, escrow holder or otherwise, to pay or deliver to anyone a compensation for performing any of the COL 2026-04-23 acts within the scope of this Chapte…

Punishment. Any person acting as a real estate broker or real estate salesman without a license or who advertises using words indicating that he is a real estate broker without being so licensed shall, upon conviction thereof, if a natural person, be guilty of a petty misdemeanor…

Violation of Provisions or Order; Punishment; Trial for Suspension or Revocation of License; Prosecutions by Attorney General. Every officer, agent or employee of any company, and every other person who knowingly authorizes, directs or aids in the publication, advertisement, dist…

to Assist Persons in Transactions Involving Lands owned by the Guam or Federal Government. Each advertisement or other statement which is published by a real estate broker or salesman offering to assist persons to file applications for the purchase or lease of, or to locate or to…

Within one month after the closing of a transaction in which title to real property is conveyed from a seller to a purchaser through a licensed real estate broker, such broker shall inform or cause the information to be given to the seller and purchaser in writing of the selling …

(a) Every purchaser of any interest in residential real property on which a residential dwelling exists shall be notified by the selling broker, in writing, that said property may present the potential for exposure to radon. (b) The Guam Environmental Protection Agency (Agency) s…

When a licensee prepares or has prepared an agreement authorizing or employing such licensee to perform any of the acts for which he is required to hold a license, or when such licensee secures the signature of any person to any contract pertaining to such services or transaction…

Every real estate licensee who attempts to negotiate a rental or who furnishes rental information to a prospective tenant for a fee paid by said prospective tenant shall give every such prospective tenant a contract or receipt, and in such contract or receipt shall undertake to r…

by the Guam or Federal Government. Any real estate broker who assists another or others, or whose real estate salesmen assist another or others, for a compensation, in filing an application for the purchase or lease of, or in locating or entering upon, lands owned by the Guam or …

Agreements. The Commissioner may prescribe by regulation the information which shall be contained in contracts or other agreements by a real estate broker, or a real estate salesman, to assist another or others in filing an application for the purchase or lease of, or in locating…

(a) Each broker shall maintain a separate bank checking account in Guam which shall be designated a trust account in which all down payments, earnest money deposits, or other trust funds received by him, his associate brokers or his salesmen on behalf of his principal or any othe…

Each broker, associate broker, or salesman that violates the provisions of § 104120 of this Chapter, or commingles funds that should be in trust funds with other funds, or fails to deposit into a trust account any down payment, earnest money deposit, or other funds that should be…

Prior to commencement of brokerage services, a written real estate brokerage agreement must be entered into between a real estate brokerage represented by a licensed real estate broker or licensed real estate salesman, and a real estate seller, lessor, buyer, or lessee. The broke…

Application for license as a real estate broker shall be made in writing to the Commissioner. The application shall be accompanied by the original real estate broker’s license fee and by the recommendation COL 2026-04-23 of two real estate owners on Guam, certifying that the appl…

Licenses of Non-citizens. The Commissioner shall not grant an original real estate broker’s license to any person who is not a citizen of the United States. This section shall not affect the right of a non-citizen now holding a real estate broker’s license to renewal or reinstate…

The Real Estate Commission shall not issue a real estate broker’s license to any person who has not held an original real estate salesman’s license for at least two (2) years prior to the date of his application for the broker’s license, and during such time was not actively enga…

Application for license as a real estate salesman shall be made in writing to the Commissioner. The applications shall be signed by the applicant, and shall be accompanied by the real estate salesman’s license fee; and by the recommendation of the broker, who is to be the applica…

The Commissioner may require such other proof as the Commissioner may deem advisable concerning the honesty, truthfulness and good reputation of any applicant for a real estate license, or of the officers of any corporation, or of the members of any co-partnership making such app…

In addition to the proof of honesty, truthfulness and good reputation required of any applicant for a real estate license, the Commissioner shall ascertain by written examination that the applicant, and in case of a co-partnership or corporation applicant, for a real estate broke…

All original real estate licenses issued by the Commissioner shall be for a period of two (2) years and the holder thereof shall not become eligible for a renewal real estate license until one has successfully completed the Continuing Education Requirement outlined in § 104209 of…

(a) Any time prior to renewal of an original broker’s license, the broker must satisfactorily furnish the evidence of successful completion of an additional ninety (90) classroom hours of study selected among the following: (1) real estate practice; (2) real estate appraisal; (3)…

Any time prior to renewal of an original license the salesperson must satisfactorily furnish evidence of successful completion of an additional forty-five (45) classroom hours of study in § 104208 (a)(1) or (2). Thereafter, all salesperson renewals should be for a period of four …

[Repealed.] SOURCE: GC § 58159. Repealed and reenacted by P.L. 25-021:9 (May 24, 1999). Repealed by P.L. 30-129:5 (Apr. 2, 2010).

The Real Estate Commissioner may allow for substitution of the clock hour requirements, if the Commissioner makes a determination that the individual is otherwise and similarly qualified by reason of completion of equivalent educational coursework in any accredited institution of…

Upon the making of a written application and the payment of the fee for a limited real estate salesman’s license, the Commissioner may issue the license to the applicant before completing his investigation into the applicant’s honesty. truthfulness and good reputation when the ap…

License. A limited real estate salesman’s license does not confer any property right in the privileges to be exercised thereunder, and the Commissioner may revoke or suspend such license without a hearing. Such license shall be issued for a period not to exceed one hundred twenty…

(a) The Commissioner may, in his discretion, waive the examination of any applicant for a real estate broker's license who held an unrevoked or unsuspended renewal real estate broker’s license, within the one- year period immediately preceding the date of the application for such…

An application on the form prescribed by the Commissioner for the renewal of a license, filed before midnight of the last day of the period for which a previous renewal license was issued, or midnight of the expiration date of an original license under which the bolder has been n…

The Commissioner may issue a restricted license to a person who is applying for a license under this Chapter, who has met the examination and experience requirements, but who has been found by the Commissioner after a hearing not to have made a satisfactory showing that be meets …

Restriction. A restricted license issued pursuant to § 104216 as the Commissioner in his discretion finds advisable in the public interest may be restricted: (a) By term. (b) To employment by a particular real estate broker, if a salesman. (c) By conditions to be observed in the …

Revocation: Necessity For Hearing. (a) A restricted license issued pursuant to § 104216 does not confer any property right in the privileges to be exercised thereunder, and the bolder of a restricted license does not have the right to renewal of such license. (b) The Commissioner…

Bond. As one of the conditions to the issuance of a restricted license authorized by § 104216 the Commissioner may require the filing of surety bonds in such form and condition as be may require in respect to the restricted licensee for the protection of persons or classes of per…

No real estate license gives authority to do any act specified in this Chapter to any person, other than the person to whom the license is issued. SOURCE: GC § 58168.

Members. When a real estate license is issued to a corporation, if it desires any of its officers other than the officer designated by it pursuant to § 104414, to act under its license as a real estate broker, it shall procure an additional license to so employ each of such addit…

Corporation or Partnership. Each officer of a corporation through whom it is licensed to act as a real estate broker, and each member of a co-partnership through whom it is licensed to act as a real estate broker, is, while so employed under such license, a licensed real estate b…

Every person applying for a license under this Chapter who desires to have such license issued under a fictitious name shall file with his application a certified copy of the entry of the Director made pursuant to the provisions of 18 GCA Chapter 26 (Fictitious Names). SOURCE: GC…

(a) The real estate licenses of both broker and salesman shall be prominently displayed in the office of the real estate broker. (b) The real estate salesman's license shall remain in the possession of the licensed real estate broker employer until canceled or until the salesman …

Employ: Reinstatement. Immediately upon the real estate salesman’s withdrawal from the employ of the real estate broker, the real estate broker shall return the real estate salesman’s license to the Commissioner for cancellation. A license canceled but not suspended or revoked ma…

When the holder of a real estate broker’s or salesman’s license relinquishes his/her license to assume an office in the Guam or Federal government, he/she may have it reinstated at any time within six (6) months of termination of his service in office upon payment of the appropri…

Place of Business or Sign Not Required. (a) A licensed real estate broker or salesman may request that his license be inactivated. The Commissioner shall thereupon issue to such person an inactive license certificate. This inactive license certificate may consist of the license i…