Utah Code 61-2f-206. Registration of person or branch office — Certification of education providers and courses — Specialized licenses
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Terms Used In Utah Code 61-2f-206
- Associate broker: means an individual who is:(1)(a) employed or engaged as an independent contractor by or on behalf of a principal broker to perform an act described in Subsection (20) for valuable consideration; and(1)(b) licensed under this chapter as an associate broker. See Utah Code 61-2f-102
- Branch broker: means an associate broker who manages a principal broker's branch office under the supervision of the principal broker. See Utah Code 61-2f-102
- Branch office: means a principal broker's real estate brokerage office that is not the principal broker's main office. See Utah Code 61-2f-102
- Commission: means the Real Estate Commission established under this chapter. See Utah Code 61-2f-102
- Concurrence: means the entities given a concurring role must jointly agree for action to be taken. See Utah Code 61-2f-102
- Division: means the Division of Real Estate. See Utah Code 61-2f-102
- Dual broker: means a principal broker of a real estate sales brokerage who obtains from the division a dual broker license in order to function as the principal broker of a property management company that is a separate entity from the real estate sales brokerage. See Utah Code 61-2f-102
- Entity: means :
(14)(a) a corporation;(14)(b) a partnership;(14)(c) a limited liability company;(14)(d) a company;(14)(e) an association;(14)(f) a joint venture;(14)(g) a business trust;(14)(h) a trust; or(14)(i) any organization similar to an entity described in Subsections (14)(a) through (h). See Utah Code 61-2f-102- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Main office: means the address which a principal broker designates with the division as the principal broker's primary brokerage office. See Utah Code 61-2f-102
- Person: means an individual or entity. See Utah Code 61-2f-102
- Principal broker: means an individual who is licensed or required to be licensed as a principal broker under this chapter who:
(20)(a) sells or lists for sale real estate, including real estate being sold as part of a foreclosure rescue, or a business opportunity with the expectation of receiving valuable consideration;(20)(b) buys, exchanges, or auctions real estate, an option on real estate, a business opportunity, or an improvement on real estate with the expectation of receiving valuable consideration;(20)(c) advertises, offers, attempts, or otherwise holds the individual out to be engaged in the business described in Subsection (20)(a) or (b);(20)(d) is employed by or on behalf of the owner of real estate or by a prospective purchaser of real estate and performs an act described in Subsection (20)(a), whether the individual's compensation is at a stated salary, a commission basis, upon a salary and commission basis, or otherwise;(20)(e) with the expectation of receiving valuable consideration, manages property owned by another person;(20)(f) advertises or otherwise holds the individual out to be engaged in property management;(20)(g) with the expectation of receiving valuable consideration, assists or directs in the procurement of prospects for or the negotiation of a transaction listed in Subsections (20)(a) and (e);(20)(h) except for a mortgage lender, title insurance producer, or an employee of a mortgage lender or title insurance producer, assists or directs in the closing of a real estate transaction with the expectation of receiving valuable consideration;(20)(i) engages in foreclosure rescue; or(20)(j) advertises, offers, attempts, or otherwise holds the person out as being engaged in foreclosure rescue. See Utah Code 61-2f-102- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Property management: means engaging in, with the expectation of receiving valuable consideration, the management of real estate owned by another person or advertising or otherwise claiming to be engaged in property management by:
(21)(a)(i) advertising for, arranging, negotiating, offering, or otherwise attempting or participating in a transaction calculated to secure the rental or leasing of real estate;(21)(a)(ii) collecting, agreeing, offering, or otherwise attempting to collect rent for the real estate and accounting for and disbursing the money collected; or(21)(a)(iii) authorizing expenditures for repairs to the real estate. See Utah Code 61-2f-102- Property management sales agent: means a sales agent who:
(22)(a) is affiliated with a dual broker through the dual broker's property management company; and(22)(b) is designated by the dual broker as a property management sales agent. See Utah Code 61-2f-102- Real estate: includes leaseholds and business opportunities involving real property. See Utah Code 61-2f-102
- Sales agent: means an individual who is:
(28)(a) affiliated with a principal broker, either as an independent contractor or an employee as provided in Section61-2f-303 , to perform for valuable consideration an act described in Subsection (20); and(28)(b) licensed under this chapter as a sales agent. See Utah Code 61-2f-102(1)(a) A person may not engage in an activity described in Section 61-2f-201, unless the person is registered with the division.(1)(b) To register with the division under this Subsection (1), a person shall submit to the division:(1)(b)(i) an application in a form required by the division;(1)(b)(ii) evidence of an affiliation with a principal broker;(1)(b)(iii) evidence that the person is registered and in good standing with the Division of Corporations and Commercial Code; and(1)(b)(iv) a registration fee established by the commission with the concurrence of the division under Section 63J-1-504.(1)(c) The division may terminate a person’s registration if:(1)(c)(i) the person’s registration with the Division of Corporations and Commercial Code has been expired for at least three years; and(1)(c)(ii) the person’s license with the division has been inactive for at least three years.(2)(2)(a) A principal broker shall register with the division each of the principal broker’s branch offices.(2)(b) To register a branch office with the division under this Subsection (2), a principal broker shall submit to the division:(2)(b)(i) an application in a form required by the division; and(2)(b)(ii) a registration fee established by the commission with the concurrence of the division under Section 63J-1-504.(3)(3)(a) In accordance with rules made by the commission with the concurrence of the division and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall certify:(3)(a)(i) a real estate school;(3)(a)(ii) a course provider; or(3)(a)(iii) an instructor.(3)(b) In accordance with rules made by the commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, subject to concurrence by the division, the division shall certify a continuing education course that is required under this chapter.(4) Except as provided under this chapter or by rule the commission makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a principal broker may not be responsible for more than one registered entity at the same time.(5) A principal broker:(5)(a) shall exercise active and reasonable supervision of the principal broker’s main office in accordance with this chapter and rules the commission makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and(5)(b) may supervise a branch office affiliated with the principal broker at the same time the principal broker exercises the supervision required under Subsection (5)(a).(6)(6)(a) A principal broker may designate a branch broker to supervise a branch office affiliated with the principal broker.(6)(b) A branch broker shall exercise active and reasonable supervision, in accordance with this chapter and rules the commission makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, of each branch office the principal broker designates the branch broker to supervise.(7)(7)(a) In addition to issuing a principal broker license, associate broker license, or sales agent license authorizing the performance of an act set forth in Section 61-2f-201, the division may issue a specialized sales license or specialized property management license with the scope of practice limited to the specialty.(7)(b) An individual may hold a specialized license in addition to a license as a principal broker, associate broker, or a sales agent.(7)(c) A sales agent who is affiliated with a dual broker may act as a property management sales agent if:(7)(c)(i) the dual broker designates the sales agent as a property management sales agent; and(7)(c)(ii) the sales agent pays to the division a property management sales agent designation fee in an amount determined by the division in accordance with Section 63J-1-504.(7)(d) A property management sales agent may simultaneously provide both property management services and real estate sales services under the supervision of a dual broker as provided by the commission with the concurrence of the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(8) The commission may determine, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, subject to concurrence by the division, licensing requirements related to this section for a principal broker, associate broker, sales agent, dual broker, property management sales agent, or for a specialized license described in Subsection (7), including:(8)(a) prelicensing and postlicensing education requirements;(8)(b) examination requirements;(8)(c) affiliation with real estate brokerages or property management companies;(8)(d) property management sales agent:(8)(d)(i) designation procedures;(8)(d)(ii) allowable scope of practice; and(8)(d)(iii) division fees;(8)(e) what constitutes active and reasonable supervision for:(8)(e)(i) a principal broker when supervising a branch broker or sales agent; and(8)(e)(ii) a branch broker when supervising a sales agent; and(8)(f) other licensing procedures.