(1) Subject to Section 57-19-17, if the division finds that an applicant or salesperson has engaged in an act described in Subsection (2), the division may:

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Terms Used In Utah Code 57-19-16

  • Director: means the director of the division. See Utah Code 57-19-2
  • Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 57-19-2
  • Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
  • Fraud: Intentional deception resulting in injury to another.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Registration: means :
         (20)(a) for a development, an approved application for registration described in Section 57-19-5; or
         (20)(b) for a salesperson, an approved application for registration described in Section 57-19-15. See Utah Code 57-19-2
  • Salesperson: means an individual who, for compensation and as agent for another, is engaged in obtaining commitments of persons to purchase an interest in a development by making direct sales presentations to those persons. See Utah Code 57-19-2
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
     (1)(a) deny an application for registration as a salesperson;
     (1)(b) suspend or revoke an existing registration; or
     (1)(c) impose a civil penalty not to exceed $5,000.
(2) Subsection (1) applies if the division finds that the applicant or salesperson:

     (2)(a) files, or causes to be filed, with the division a document that contains untrue or misleading information;
     (2)(b) makes an untrue or misleading statement of material fact;
     (2)(c) fails to state a material fact that is necessary in order to make the statements made not misleading in light of the circumstances under which the statements are made;
     (2)(d) employs a device, scheme, or artifice to defraud, or engages in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person;
     (2)(e) subsequent to the effective date of registration as a salesperson, is:

          (2)(e)(i) convicted of:

               (2)(e)(i)(A) a felony; or
               (2)(e)(i)(B) a misdemeanor involving theft, fraud, or dishonesty; or
          (2)(e)(ii) enjoined from, assessed a civil penalty for, or found to have engaged in a violation of any law designed to protect consumers;
     (2)(f) violates this chapter;
     (2)(g) engages in an activity that constitutes dishonest dealing; or
     (2)(h) engages in unprofessional conduct as defined by statute or rule made by the director.