Does a guardian appointed by the court need a real estate license to sell property on behalf of a ward?

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A guardian appointed by the court is acting in a fiduciary capacity and is typically exempt from needing a real estate license to sell property on behalf of a ward. This exemption recognizes the guardian's role as someone who is legally authorized to handle the affairs of another person, particularly in cases where the ward may be unable to do so themselves due to incapacity, age, or other reasons. The court-appointed guardian's actions are usually overseen by the court, which provides an additional layer of oversight to ensure that the interests of the ward are adequately protected.

Since the guardian is not engaging in the real estate business as a regular broker or sales associate, but rather fulfilling a specific legal duty as mandated by the court, they do not fall under the same regulations that require a real estate license for typical transactional activities. This distinction is fundamental in understanding the legal frameworks that govern real estate transactions involving individuals operating under court appointments.

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