Does this constitute a violation of the Licensed Real Estate Agent Act...?

Hello. I am the real estate specialist attorney at Daeryun Law Firm.

First, in your situation, your acquaintance may have committed a violation of the Licensed Real Estate Agent Act.

Under the Licensed Real Estate Agent Act, brokerage acts must be performed by a licensed real estate agent or affiliated licensed real estate agent of a registered brokerage office, and brokerage acts by unregistered persons or unqualified persons are prohibited by law.

In particular, if a series of acts such as drafting contracts, negotiating transaction conditions, and receiving brokerage fees were performed, the acquaintance may face imprisonment of up to 3 years or a fine of up to 30 million won.

However, if it appears that the questioner intentionally participated in the illegal brokerage act, it may be treated as accomplice, etc., and there is a possibility of punishment, so it is good to seek advice from a criminal specialist attorney.

Your act of paying the brokerage fee is legally void.

Therefore, you may demand return of the fees already paid, and you should be careful not to have similar cases in the future.

In the future, real estate contracts must be conducted through a formal brokerage office in accordance with the Licensed Real Estate Agent Act, and brokerage acts in the name of brokerage assistants or acquaintances must absolutely be avoided to prevent legal disputes.

If you need legal response or reporting procedures for violations of the Licensed Real Estate Agent Act, please feel free to contact us.

Our firm will assist you in all related legal procedures, including responses to violations of the Licensed Real Estate Agent Act and civil claims for return of brokerage fees.