Title 21 — Real Property

The Guam Department of Integrated Services for Individuals with Disabilities shall have the authority to investigate complaints regarding non-compliance with this Chapter and recommend appropriate actions.

All request for proposals issued by the government of Guam, relative to government leased office spaces or construction of government buildings, shall comply with all rules and regulations of the ADA. ---------- COL 20240430

This Division may be cited as the Real Estate Law. SOURCE: GC '58000. Entire Division was enacted by P.L. 11-65 (6/30/71) and has been amended since that time. The original effective date was 90 days after its approval (9/28/71); and all prior licensed real estate salespersons, a…

The definitions in this Chapter apply to the provisions of this Division only and do not affect any other provision of this Code. SOURCE: GC '58001.

Commission refers to the Real Estate Commission. SOURCE: GC '58002.

Member refers to a member of the Real Estate Commission. SOURCE: GC '68003.

Commissioner refers to the Real Estate Commissioner. SOURCE: GC '68004. CROSS-REFERENCES: § 10201 of this Division makes the Director of Revenue & Taxation the Real Estate Commissioner.

Department refers to the Department of Revenue & Taxation. SOURCE: GC '58005.

Person includes copartnership, corporation, company and firm. SOURCE: GC '58006.

Provisions of this Title relating to real estate refers to the provisions of Chapters 100 [this Chapter - General Provisions], 102 [Administration], and 104 [Real Estate Licenses] of this Division . SOURCE: 58007. COL120106 NOTE: Government Code '58007 refer to "Chapters 1, 2, 4 …

Provisions of this Division relating to hearings refers to the provisions of Article 3 of Chapter 102 of this Title. SOURCE: GC '58008.

Licensee, when used without modification, refers to a person, whether broker or salesman, licensed under any of the provisions of this Division. SOURCE: GC '58009.

Broker, when used without modification, refers to a person licensed as a broker under any of the provisions of this Division. SOURCE: GC '58010.

Salesman, when used without modification, refers to a person licensed as a salesman under any of the provisions of this Division. SOURCE: GC '58011.

Real Estate Licensee refers to a person, whether broker or salesman, licensed under Chapter 104 (Real Estate Regulations) of this Division. SOURCE: GC '58012.

Real Estate Broker refers to a person licensed as a broker under Chapter 104 (Real Estate Regulations) of this Division. SOURCE: GC '58013.

COL120106 Real Estate Salesman refers to a person licensed as a salesman under Chapter 104 (Real Estate Regulations) of this Division. SOURCE: GC '58014.

The term Advance fee as used in this Division is a fee claimed, demanded, charged, received, collected, or contracted for a listing, advertisement, or offer to sell or lease property, other than in a newspaper of general circulation, issued primarily for the purpose of promoting …

The term listing as used in this Division includes, but is not limited to: (a) A name, or a list of the names, of the owners, landlords, exchangers, or lessors, or the location or locations, or property, or of an interest in property, offered for rent, sale, lease or exchange. (b…

The Director of Revenue & Taxation is the Real Estate Commissioner. SOURCE: GC '58051.

Members. There is a Real Estate Commission which consists of seven (7) members. All members of the Commission shall be appointed by the Governor by and with the consent of the Legislature. The terms of the first three (3) members appointed after the effective date of this Act sha…

Members of the Commission shall be appointed for a term of four years and they shall hold office until the appointment and qualification of their successors, The terms of the members first appointed hereunder (excluding the Commissioner) shall expire as follows: one member, Janua…

Four (4) members of the Commission shall be real estate brokers actively engaged in business as such in Guam for five (5) years. One (1) member of the Commission shall be an attorney licensed to practice in Guam. One (1) member of the Commission shall be chosen from the general p…

All members of the Commission shall be residents of Guam as defined in Title 3 of the Guam Code Annotated (Election Law). SOURCE: GC '58054.

Each member of the Commission, except for the Commissioner, shall receive compensation at the rate of Fifth Dollars ($50) per day for each day on which the Commission meets, such compensation not to exceed One Hundred Dollars ($100) per month. SOURCE: GC '58055; R/R by P.L. 13-16…

COL120106 The Commission shall meet together for the transaction of business at least once each quarter-year, but the Chairman may call a meeting of the Commission at his discretion or upon written request of two or more members of the Commission. Each meeting of the Commission s…

SOURCE: GC '58057; repealed by P.L. 13-162:1.

A majority of the Commission constitutes a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power or authority of the Commission. A vacancy on the Commission does not impair the right of the remaining members to perform all t…

All meetings of the Commission shall be open to the public, except that the Commission may hold executive sessions to prepare, approve, grade or administer examinations. The Commissioner shall assign a secretary who shall keep record of all the proceedings, transactions, communic…

(a) The Commission may adopt rules and regulations relating to the administration of but not inconsistent with the provisions of this Division. (b) The Commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'Guam Real Estate Commission, T…

All records of the Commission shall be open to inspection by the public during regular office hours, except as otherwise provided by law. SOURCE: GC '58061. CROSS-REFERENCES: § 102109 with respect to real estate examinations: 5 GCA Chapter 8, Open Government Law. ---------- ARTIC…

The Commissioner shall enforce the provisions of this Division. He has full power to regulate and control the issuance and revocation, both temporary and permanent, of all licenses to be issued under the provisions of this Division, and to perform all other acts and duties provid…

Business. After qualifying as such, neither the Commissioner nor any of the deputies, or employees of the department shall be interested in any real estate brokerage firm, as director, stockholder, officer, member, agent, or employee, or act as a broker or salesman, or act as a c…

[Repealed] SOURCE: GC '58072; repealed by P.L. 13-162:1

[Repealed] SOURCE: GC '58073; repealed by P.L. 13-162:1.

[Repealed] SOURCE: GC '58074; repealed by P.L. 13-162:1.

The Commissioner may secure a credit or investigation report of any applicant for a license under this Division from an agency engaged in the business of furnishing credit reports. SOURCE: GC '58075.

Whenever the Commissioner believes from evidence satisfactory to him that any person has violated or is about to violate any of this Division, COL120106 or any order, license, permit, decision, demand or requirement, or any part or provision thereof he may bring an action in the …

The Commissioner may publish or cause to be published at appropriate intervals a directory or list of licensed brokers and salesmen and may publish therewith such matter as he may deem pertinent to this Division. He shall furnish one copy of such director to each licensed broker …

The Commissioner may periodically issue a bulletin continuing matter relating to the provisions of this Division, and the administration thereof, and may publish the same character of matter in any established periodical published in the territory which in his opinion would be mo…

Whenever in the opinion of the Commissioner any person has or is violating, or is about to violate, any of the provisions of this Division, the Commissioner may order the person to desist and refrain from doing so. If, after such order is made, a request for hearing is filed in w…

COL120106 No person shall engage in any activity after receiving a notice in writing from the Commissioner that in the opinion of the Commissioner such activity violates a provision of this Division, unless the Commissioner subsequently, in writing, withdraws his objections to th…

The Commissioner may require that any or all materials used in obtaining advance fee agreements, including but not limited to the contract forms, letters or cards used to solicit prospective sellers, and radio, newspaper, and television advertising be submitted to him at least fi…

Before denying, suspending, or revoking any license issuable or issued under the provisions of this Division, the Commissioner shall proceed as prescribed by the Administrative Adjudication Law, and the Commissioner shall have all the powers granted therein. SOURCE: GC '58100. CR…

The accusation provided for by 5 GCA '9201 shall be filed not later than three years from the occurrence of the grounds for revocation or suspension with which the respondent is charged. SOURCE: GC '58101.

The lapsing or suspension of a license by operation of law or by order or decision of the Commissioner or a court of law, or the voluntary surrender of a license by a licensee shall not deprive the Commissioner of jurisdiction to proceed with any investigation or actio or discipl…

Any party aggrieved by the decision of the Commissioner may make a demand in writing for a certified transcript of all the papers on file in his office affecting or relating to such decision and all the evidence taken on the hearing. The fee for a certified transcript is twenty-f…

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…