Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 696.710

Necessity of alleging license in action to collect compensation

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      696.710 Necessity of alleging license in action to collect compensation. (1) A real estate broker or principal real estate broker conducting professional real estate activity within this state may not bring or maintain any action for the collection of compensation without alleging and proving that the individual was a real estate licensee when the alleged cause of action arose.

      (2) An action for collection of compensation from a client for professional real estate activity conducted by a real estate licensee associated with a managing principal broker may not be brought or maintained except by the managing principal broker with whom the real estate licensee was associated when the alleged cause of action arose. [Amended by 1981 c.617 §32; 1991 c.5 §44; 2001 c.300 §43; 2007 c.319 §18; 2017 c.234 §26; 2025 c.389 §27]

Notes of Decisions
Cited in 11 cases, 1970–2011 · leading case: Litvin v. Engesether
Sort: Relevance Newest Treatment
Litvin v. Engesether (1984) orctapp · cites it 4× “On appeal, defendant claims that the trial court erred in not sustaining his demurrer to Maring’s complaint, because the complaint failed to allege that Maring was a “duly licensed real estate broker” as required by ORS 696.710. He also claims that the trial court erred in…”
Jolma v. Steinbock (1979) orctapp · cites it 2× “The Oregon statutes in effect during the relevant period provided in ORS 696.710: "No person engaged in the business of, or acting in the capacity of, a real estate broker within this state shall bring or maintain any action in the courts for the collection of compensation…”
Brown v. Haverfield (1976) or · cites it 2× “The trial court concluded that plaintiff was barred from recovering because he did not have a broker’s license as required by ORS 696.710. 1 Plaintiff contends that under the exemption provisions of ORS 696.”
MAYFLY GROUP, INC. v. Ruiz (2011) orctapp “131(1) (an unlicensed contractor “may not * * * file a complaint with the Construction Contractors Board or commence an arbitration or a court *84 action for compensation for the performance of any work or for the breach of any contract for work that is subject to this…”
Wheeler v. Bucksteel Co. (1985) orctapp “220(3)(architects), ORS 696.710 (real estate brokers), and ORS 701.”
Ferris v. MEEKER FERTILIZER COMPANY (1971) or “ORS 696.710 provides a real estate broker cannot maintain a cause of action without alleging and proving that such person was a duly licensed real estate broker at the time the alleged cause of action arose.”
Fields v. Macnab (1984) orctapp · cites it 3× “ORS 696.710 provides, in pertinent part: “(1) No person engaged in the business of, or acting in the capacity of, a real estate broker or appraiser within this state shall bring or maintain any action in the courts for the collection of compensation without alleging and proving…”
Carnahan v. McCarver (1970) or “ORS 696.710. The demurrer was sustained on the basis that the supplying of the names of the purchasers who plaintiff believed might be interested in the purchase of *38 defendants’ farm constituted a violation of paragraph (8) (j) of ORS 696.”
Wells v. Davis (1971) or “ORS 696.710. The defendant did not object to this omission and evidence of licensing was received without objection.”
Scanlon v. Jensen (1990) orctapp · cites it 9× “The trial court granted defendant’s motion for a directed verdict after the close of plaintiffs case-in-chief, concluding that ORS 696.710 barred plaintiffs action. Plaintiff appeals from the judgment of dismissal.”
Jim Jarvis-Jim Beamer, Inc. v. Black Bear Resort, Inc. (1987) orctapp · cites it 2× “Defendants based their motions on ORS 696.710(1): “No person engaged in the business of, or acting in the capacity of, a real estate broker or appraiser within this state shall bring or maintain any action in the courts for the collection of compensation without alleging and…”
— Or. Rev. Stat. § 696.710(1) — 4 cases
Litvin v. Engesether (1984) orctapp “On appeal, defendant claims that the trial court erred in not sustaining his demurrer to Maring’s complaint, because the complaint failed to allege that Maring was a “duly licensed real estate broker” as required by ORS 696.710. He also claims that the trial court erred in…”
MAYFLY GROUP, INC. v. Ruiz (2011) orctapp “131(1) (an unlicensed contractor “may not * * * file a complaint with the Construction Contractors Board or commence an arbitration or a court *84 action for compensation for the performance of any work or for the breach of any contract for work that is subject to this…”
Jim Jarvis-Jim Beamer, Inc. v. Black Bear Resort, Inc. (1987) orctapp “Defendants based their motions on ORS 696.710(1): “No person engaged in the business of, or acting in the capacity of, a real estate broker or appraiser within this state shall bring or maintain any action in the courts for the collection of compensation without alleging and…”
Scanlon v. Jensen (1990) orctapp “The trial court granted defendant’s motion for a directed verdict after the close of plaintiffs case-in-chief, concluding that ORS 696.710 barred plaintiffs action. Plaintiff appeals from the judgment of dismissal.”
— Or. Rev. Stat. § 696.710(2) — 1 case
Scanlon v. Jensen (1990) orctapp “The trial court granted defendant’s motion for a directed verdict after the close of plaintiffs case-in-chief, concluding that ORS 696.710 barred plaintiffs action. Plaintiff appeals from the judgment of dismissal.”
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