In re Estate of John T. Ronan, Sr.

Summary

The Nebraska Supreme Court affirmed summary judgment for the estate of John T. Ronan, holding that Charles H. Wiseman could not recover a commission for facilitating the sale of Ronan’s real estate because Wiseman was not licensed as a real estate broker. The court rejected Wiseman’s argument that his activities fell within the attorney exception to Nebraska’s real estate licensing requirements.

Holdings

1. Wiseman did not qualify for the exception because he was not acting as Ronan's attorney, did not perform services for Ronan requiring membership in the bar, and did not convey the property under a duly executed power of attorney.
2. Wiseman's services did not fall within the attorney-at-law exception because the compensation sought was for locating and facilitating a real estate sale, not for legal services rendered in the performance of his duties as an attorney.
3. Wiseman was barred from recovering compensation because he acted as a real estate broker without obtaining the license required by the Nebraska Real Estate License Act and did not satisfy a statutory exception.

Questions Presented

1. Whether Wiseman's activities constituted services requiring a real estate broker's license under the Nebraska Real Estate License Act.
2. Whether Wiseman qualified for the attorney exception to the Act's licensing requirement under Neb. Rev. Stat. § 81-885.04(2).
3. Whether Wiseman could recover the claimed commission from Ronan's estate despite lacking a real estate license.

Disposition

affirmed