A.
(1)
Any single-family house sold or rented by an owner, provided that:
(a)
Such private individual owner does not own more than three such single-family houses at any one time.
(b)
In the case of the sale of any single-family house at the time of such sale or who was not the recent resident of such house prior to such sale, the exception granted by this subsection shall apply only with respect to one such sale within any twenty-four-month period.
(c)
Such bona fide private individual owner does not own any interest in, nor is there owned or reserved on their behalf under any express or voluntary agreement title to any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time.
(d)
The sale or rental of any such single-family house shall be excepted from the application of this chapter only if such house is sold or rented:
[1]
Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesperson or of such facilities or services of any person in the business of selling or renting dwellings or of any employee or agent of any such broker, agent, salesperson or person; and
[2]
Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 131-5 of this chapter, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as may be necessary to perfect or transfer the title.
(2)
Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as their residence.
B.
For the purpose of this exemption, a person shall be deemed to be in the business of selling or renting dwellings if:
(1)
They have, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
(2)
They have, within the preceding 12 months, participated as agent, other than in the sale of their own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
(3)
They are the owner of any dwelling designed or intended for occupancy by or occupied by five or more families.