Sec. 5. General Statement

Any person may act as a broker, including minors and married women. (Sec. 6-8.) Partnerships and business corporations may likewise act as brokers. (Sec.9, 10.) In some localities a license is required for, or a tax is imposed on, the right to do business as a real estate broker. (Sec. 11.)

Sec. 6. Married Women As Brokers

In general, any person may act as a real estate broker. In New York, a married woman may act as such broker, for the law in New York State gives a married woman all the rights in respect to property, real or personal, and the acquisition, use, enjoyment and disposition thereof, and the same power to make contracts in respect thereto with any person, including her husband, and to carry on any business, trade or occupation, and to exercise all powers and enjoy all rights in respect thereto and in respect to her contracts, and be liable on such contracts, as if she were unmarried.1 Nor does her contract bind her husband or his property.2 The same is almost universally true throughout the United States. (See next section.)

1 N. Y. Cons. Laws, Ch. 14, Sec. 51, formerly Sec. 21 Dom. Rel. Law. 2 N. Y. Cons. Laws, Ch. 14, Sec. 55, formerly Sec. 25 Dom. Rel. Law.

Sec. 7. Married Women As Brokers. State Laws

In the following states and territories a married woman may contract on her own account, or carry on business on her own account: Alabama; Alaska; Arizona; California; Colorado; Connecticut;3 Delaware (as to contracts "necessary to be made with respect to her own property") ;4 District of Columbia;5 Florida (but only after application to the court); Georgia; Hawaii (except she cannot make contract for personal service without written consent of husband);6 Idaho; Illinois (but she cannot carry on a partnership business without the consent of her husband, unless he has abandoned her or is insane or confined in the penitentiary);7 Indiana;8 Iowa; Kansas;9 Kentucky; Maine; Maryland; Massachusetts (certificate should be filed); Michigan; Minnesota;10 Mississippi; Missouri; Montana (on application to court); Nebraska; Nevada (after order by court); New Hampshire; New Jersey;11 North Carolina (by certificate filed);12 North Dakota; Ohio;13 Oklahoma; Oregon; Pennsylvania (with exceptions); Rhode Island; South Carolina;14 South Dakota; Utah; Vermont; Virginia; Washington;15 West Virginia (to some extent); Wisconsin (to a limited extent);18 and Wyoming. But in some states the right of a married woman to contract on her own account or to carry on business on her own account is limited even more than hereinbefore stated, or is withheld altogether, as in Louisiana (not without authority of husband, except when she is a public merchant), Tennessee and Texas.

3 General Statutes (1902), Sec. 593.

4 14 Delaware Laws, Ch. 550.

5 Code of the District of Columbia. Sec.1155.

6 Revised Laws of Hawaii, Sec. 2252.

7 Hurd's Revised Statutes, Sec. 1242.

8Act of 1881.

9General Statutes (1905). par. 4214.

10Revised Laws (1905), Sec. 3605-3608.

11 General Statutes, p. 2014.

12Revised Laws (1905), Sec. 2112.

13 Revised Statutes, Sec. 3110-3114.

14Code of Laws (1902), Vol. 1. Sec.2666.

151 Ball. C. & S., Sec.4493, 4504.

16 See Statutes, Sec. 2344.