reglab/housing_qa huggingface dataset:
UT Code § 61-2f-305 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 3 - Operational Requirements|Section 305 - Restrictions on commissions.

61-2f-305. Restrictions on commissions.    (1) Except as provided in Subsection (2), an associate broker or sales agent may not accept valuable consideration for the performance of an act specified in this chapter from a person except the principal broker with whom the associate broker or sales agent is affiliated.     (2) An associate broker or sales agent may receive valuable consideration for the performance of an act specified in this chapter from a person other than the principal broker with whom the associate broker or sales agent is affiliated if:   (a) the valuable consideration is paid with a payment instrument prepared by a title insurance agent;     (b) the title insurance agent provides the payment instrument to the principal broker;     (c) the title insurance agent complies with the written instructions of the principal broker:   (i) in preparing the payment instrument; and     (ii) delivering the payment instrument to the principal broker; and       (d) the principal broker directly delivers the payment instrument to the associate broker or sales agent.       (3) The commission, with the concurrence of the division, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:   (a) defining what constitutes a "payment instrument" for purposes of this section; or     (b) the form and contents of the written instructions required by Subsection (2), including providing that the contents of the written instructions indicate that the payment instrument process is an assignment to the associate broker or sales agent by the principal broker of a portion of the consideration the title insurance agent is obligated to pay the principal broker.      Enacted by Chapter 379, 2010 General Session
UT Code § 61-2f-306 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 3 - Operational Requirements|Section 306 - Rights and privileges of real estate licensees to fill out forms or documents.

 Effective 5/10/2016  61-2f-306. Rights and privileges of real estate licensees to fill out forms or documents.    (1) Except as provided in Subsection (2), a real estate licensee may fill out only those legal forms approved by the commission and the attorney general, and those forms provided by statute.     (2)   (a)   (i) A principal broker may fill out any documents associated with the closing of a real estate transaction.     (ii) A branch broker or associate broker may fill out any documents associated with the closing of a real estate transaction if designated to fill out the documents by the principal broker with whom the branch broker or associate broker is affiliated.       (b) A real estate licensee may fill out real estate forms prepared by legal counsel of the buyer, seller, lessor, or lessee.     (c) If the commission and the attorney general have not approved a specific form for the transaction, a principal broker, associate broker, or sales agent may fill out real estate forms prepared by any legal counsel, including legal counsel retained by the brokerage to develop these forms.       (3) The commission may, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, subject to concurrence by the division, provide a process for the approval of a legal form under this section by the commission and the attorney general.    Amended by Chapter 25, 2016 General Session
UT Code § 61-2f-403 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 4 - Enforcement|Section 403 - Mishandling of trust money.

 Effective 5/9/2017  61-2f-403. Mishandling of trust money.    (1) The division may audit principal brokers' trust accounts or other accounts in which a licensee maintains trust money under this chapter. If the division's audit shows, in the opinion of the division, gross mismanagement, commingling, or misuse of money, the division, with the concurrence of the commission, may order at the division's expense a complete audit of the account by a certified public accountant, or take other action in accordance with Section 61-2f-404.     (2) If the commission finds under Subsection (1) that gross mismanagement, comingling, or misuse of money occurred, the commission, with concurrence of the division, may then order the licensee to reimburse the division for the cost of the audit described in Subsection (1).     (3) The licensee may obtain agency review by the executive director or judicial review of any division order.     (4)   (a) If it appears that a person has grossly mismanaged, commingled, or otherwise misused trust money, the division, with or without prior administrative proceedings, may bring an action:   (i) in the district court of the district where:   (A) the person resides;     (B) the person maintains a place of business; or     (C) the act or practice occurred or is about to occur; and       (ii) to enjoin the act or practice and to enforce compliance with this chapter or any rule or order under this chapter.       (b) Upon a proper showing, a court shall grant injunctive relief or a temporary restraining order, and may appoint a receiver or conservator. The division is not required to post a bond in any court proceeding.      Amended by Chapter 182, 2017 General Session
UT Code § 61-2f-405 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 4 - Enforcement|Section 405 - Criminal penalties for violation of chapter -- Other penalties.

61-2f-405. Criminal penalties for violation of chapter -- Other penalties.    (1)   (a) An individual required to be licensed under this chapter who violates this chapter, in addition to being subject to a license sanction or a fine ordered by the commission, is, upon conviction of a first violation, guilty of a class A misdemeanor.     (b) For a conviction under this Subsection (1), imprisonment shall be for a term not to exceed six months.       (2)   (a) Upon conviction of a second or subsequent violation, an individual is guilty of a third degree felony.     (b) Imprisonment for a conviction under this Subsection (2)(a) shall be for a term not to exceed two years.       (3) An officer or agent of a corporation, a member or agent of a partnership or association, or an individual in a similar position of another type of entity who personally participates in or is an accessory to any violation of this chapter by the entity is subject to the penalties prescribed for an individual.     (4) If a person receives money or its equivalent, as commission, compensation, or profit by or in consequence of a violation of this chapter, that person is liable for an additional penalty of not less than the amount of the money received and not more than three times the amount of money received, as may be determined by the court. This penalty may be sued for in any court of competent jurisdiction, and recovered by any person aggrieved for the person's own use and benefit.     (5) A fine imposed by the commission and the director under this chapter shall, notwithstanding Section 13-1-2, be deposited into the Real Estate Education, Research, and Recovery Fund to be used in a manner consistent with the requirements of Part 5, Real Estate Education, Research, and Recovery Fund Act.    Renumbered and Amended by Chapter 379, 2010 General Session
UT Code § 61-2f-406 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 4 - Enforcement|Section 406 - Grounds for revocation of principal broker's license.

 Effective 5/13/2014  61-2f-406. Grounds for revocation of principal broker's license.    (1) An unlawful act or violation of this chapter committed by a person listed in Subsection (2) is cause for:   (a) the revocation, suspension, or probation of a principal broker's license; or     (b) the imposition of a fine against the principal broker in an amount not to exceed $5,000 per violation.       (2) Subsection (1) applies to an act or violation by any of the following:   (a) a sales agent or associate broker employed by a principal broker;     (b) a sales agent or associate broker engaged as an independent contractor by or on behalf of a principal broker; or     (c) an employee, officer, or member of a principal broker.      Amended by Chapter 350, 2014 General Session
UT Code § 61-2f-408 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 4 - Enforcement|Section 408 - Court-ordered discipline.

61-2f-408. Court-ordered discipline.  The division shall promptly withhold, suspend, restrict, or reinstate the use of a license issued under this chapter if so ordered by a court.  Renumbered and Amended by Chapter 379, 2010 General Session
UT Code § 61-2f-409 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 4 - Enforcement|Section 409 - Actions for recovery of compensation restricted.

61-2f-409. Actions for recovery of compensation restricted.    (1)   (a) A person may not bring or maintain an action in any court of this state for the recovery of a commission, fee, or compensation, for any act done or service rendered if the act or service is prohibited under this chapter.     (b) Except as provided in Subsection (1)(a), a person may bring or maintain an action in any court of this state for the recovery of a commission, fee, or compensation if the person is:   (i) a principal broker;     (ii) an individual that was licensed as a principal broker at the time the act or service that is the subject of the lawsuit was performed; or     (iii) an entity that, under the records of the Division of Real Estate, is affiliated with a principal broker.         (2)   (a) A sales agent or associate broker may not sue in that individual's own name for the recovery of a fee, commission, or compensation for services as a sales agent or associate broker unless the action is against the principal broker with whom the sales agent or associate broker is or was affiliated.     (b) An action for the recovery of a fee, commission, or other compensation may only be instituted and brought by the principal broker with whom a sales agent or associate broker is affiliated.      Amended by Chapter 292, 2013 General Session
UT Code § 61-2f-410 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 4 - Enforcement|Section 410 - Effect of expiration, revocation, or suspension -- Notice required.

 Effective 5/13/2014  61-2f-410. Effect of expiration, revocation, or suspension -- Notice required.    (1)   (a) The revocation or suspension of a principal broker license automatically inactivates an associate broker license or a sales agent license that was issued based upon the licensee's affiliation with the principal broker whose license is revoked or suspended, pending a change of principal broker affiliation.     (b) If an individual's associate broker license or sales agent license becomes inactive under Subsection (1)(a), the individual may affiliate with another principal broker licensed under this chapter.       (2) Before the day on which a suspension or revocation of a principal broker's license is effective, the principal broker shall notify, in writing, each licensee affiliated with the principal broker:   (a) that the principal broker's license will be revoked or suspended;     (b) of the day on which the revocation or suspension is effective; and     (c) that the licensee's license will be inactive beginning on the day on which the principal broker's license is revoked or suspended.       (3) If a principal broker fails to timely renew the principal broker's license in accordance with this chapter, on the day on which the principal broker's license expires, the principal broker shall notify, in writing, each licensee affiliated with the principal broker:   (a) that the principal broker's license is expired;     (b) of the day on which the principal broker's license expired; and     (c) that the licensee's license is inactive beginning on the day on which the principal broker's license expired.      Enacted by Chapter 350, 2014 General Session
UT Code § 61-2f-501 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 5 - Real Estate Education, Research, and Recovery Fund Act|Section 501 - Title.

61-2f-501. Title.  This part is known as the "Real Estate Education, Research, and Recovery Fund Act."  Renumbered and Amended by Chapter 379, 2010 General Session
UT Code § 61-2f-502 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 5 - Real Estate Education, Research, and Recovery Fund Act|Section 502 - Definitions.

61-2f-502. Definitions.  For purposes of this part:  (1) "Civil judgment" means a judgment in a civil action that:   (a) is awarded in an action brought against a real estate licensee on the basis of fraud, misrepresentation, or deceit in a real estate transaction; and     (b) awards actual damages.       (2) "Criminal restitution judgment" means a judgment that, in accordance with the Utah Code of Criminal Procedure, orders criminal restitution to a person and against a real estate licensee for a criminal offense involving fraud, misrepresentation, or deceit in a real estate transaction.     (3) "Final judgment" means one of the following judgments upon termination of the proceedings related to the judgment, including appeals:   (a) a civil judgment; or     (b) a criminal restitution judgment.       (4) "Fund" means the Real Estate Education, Research, and Recovery Fund created in Section 61-2f-503.    Renumbered and Amended by Chapter 379, 2010 General Session
UT Code § 61-2f-503 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 5 - Real Estate Education, Research, and Recovery Fund Act|Section 503 - Real Estate Education, Research, and Recovery Fund.

61-2f-503. Real Estate Education, Research, and Recovery Fund.    (1)   (a) There is created an expendable special revenue fund known as the "Real Estate Education, Research, and Recovery Fund."     (b) The actual interest earned on the fund shall be deposited into the fund.       (2) The money in the fund includes:   (a) a fee imposed under Section 61-2f-505; and     (b) interest described in Subsection (1)(b).       (3) The division shall administer the fund to:   (a) reimburse the public for damages caused in a real estate transaction by an individual licensed under this chapter; and     (b) in accordance with Section 61-2f-504:   (i) investigate violations of this chapter related to fraud, misrepresentation, or deceit; or     (ii) provide revenue for improving the real estate profession through education and research with the goal of making licensees more responsible to the public.         (4) This part applies to damages caused by an individual licensee. Reimbursement may not be made for a final judgment against an entity.     (5) At the beginning of each fiscal year, the division shall make available $100,000 in the fund to satisfy final judgments rendered against a person licensed under this chapter.    Amended by Chapter 400, 2013 General Session
UT Code § 61-2f-504 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 5 - Real Estate Education, Research, and Recovery Fund Act|Section 504 - Use of money.

61-2f-504. Use of money.    (1) Money accumulated in the fund in excess of $100,000 shall be set aside and segregated to be used by the division to:   (a) investigate violations of this chapter related to fraud, misrepresentation, or deceit; and     (b) advance education and research in the field of real estate.       (2) The division may use the money described in Subsection (1) only in a manner consistent with Subsection (1), including for a course:   (a) sponsored by the division;     (b) offered by the division in conjunction with any university or college in the state; or     (c) provided for by contracting for a particular research project in the field of real estate for the state.      Renumbered and Amended by Chapter 379, 2010 General Session
UT Code § 61-2f-505 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 5 - Real Estate Education, Research, and Recovery Fund Act|Section 505 - Additional license fee.

61-2f-505. Additional license fee.    (1) An individual who applies for or renews a principal broker or associate broker license shall pay, in addition to the application or renewal fee, a reasonable annual fee of up to $18, as determined by the division with the concurrence of the commission.      (2) An individual who applies for or renews a sales agent license shall pay in addition to the application or renewal fee a reasonable annual fee of up to $12, as determined by the division with the concurrence of the commission.     (3) Notwithstanding Section 13-1-2, the additional fees under this section shall be paid into the fund.    Renumbered and Amended by Chapter 379, 2010 General Session
UT Code § 61-2f-507 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 5 - Real Estate Education, Research, and Recovery Fund Act|Section 507 - Division authority to act upon receipt of petition.

61-2f-507. Division authority to act upon receipt of petition.    (1) When the division is served a petition under Section 61-2f-506, the division may:   (a) file an answer to the petition in the court;     (b) initiate a review proceeding conducted by the division; or     (c) appear in any proceeding in the name of the defendant to the action or on behalf of the fund.       (2) The division may settle a claim against the fund if:   (a) the person who brings the claim requests a settlement; and     (b) the court in which the petition is filed approves the settlement.      Renumbered and Amended by Chapter 379, 2010 General Session
UT Code § 61-2f-508 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 5 - Real Estate Education, Research, and Recovery Fund Act|Section 508 - Court determination and order.

61-2f-508. Court determination and order.  If a court determines that the fund should pay a claim under this part, in its order the court shall direct the division to pay from the fund that portion of the final judgment that is payable from the fund in accordance with Section 61-2f-506.  Renumbered and Amended by Chapter 379, 2010 General Session
UT Code § 61-2f-509 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 5 - Real Estate Education, Research, and Recovery Fund Act|Section 509 - Insufficient funds to satisfy judgments -- Procedure and interest.

61-2f-509. Insufficient funds to satisfy judgments -- Procedure and interest.  If money deposited in the fund and allotted for satisfying a final judgment against a real estate licensee is insufficient to satisfy an order issued in accordance with Section 61-2f-508, when sufficient money is deposited in the fund, the division shall:  (1) satisfy the unpaid claims in the order that the unpaid claims are originally filed; and     (2) pay with the claim accumulated interest at the rate of 8% per annum.    Renumbered and Amended by Chapter 379, 2010 General Session
UT Code § 61-2f-510 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 5 - Real Estate Education, Research, and Recovery Fund Act|Section 510 - Division subrogated to claimant -- Authority to revoke license.

61-2f-510. Division subrogated to claimant -- Authority to revoke license.    (1)   (a) If the division pays a claim against the fund in accordance with this chapter, the division is subrogated to the rights of the person who is paid the claim for the amounts paid out of the fund.     (b) The division shall deposit in the fund any amount and interest recovered by the division under this part.       (2)   (a) The license of a real estate licensee for whom payment from the fund is made under this chapter shall be automatically revoked.     (b) A person whose real estate license is revoked under Subsection (2)(a) may not apply for a new license under this chapter until the person pays in full:   (i) the amount paid by the fund for a claim that is based on a final judgment against the person; and     (ii) interest at a rate determined by the division with the concurrence of the commission.        Renumbered and Amended by Chapter 379, 2010 General Session
UT Code § 61-2f-511 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 5 - Real Estate Education, Research, and Recovery Fund Act|Section 511 - Authority to take disciplinary action.

61-2f-511. Authority to take disciplinary action.    (1) This part does not limit the authority of the director of the division to take disciplinary action against a real estate licensee for a violation of this chapter or of the rules of the commission and division.     (2) A real estate licensee's payment of all the obligations of the real estate licensee to the fund does not nullify or modify the effect of any other disciplinary proceeding brought pursuant to this chapter or the rules of the commission.    Renumbered and Amended by Chapter 379, 2010 General Session
UT Code § 61-2f-512 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2f - Real Estate Licensing and Practices Act|Part 5 - Real Estate Education, Research, and Recovery Fund Act|Section 512 - Failure to comply with provisions constitutes a waiver.

61-2f-512. Failure to comply with provisions constitutes a waiver.  A person's failure to comply with this part constitutes a waiver of any right under this part.  Renumbered and Amended by Chapter 379, 2010 General Session
UT Code § 61-2g-101 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2g - Real Estate Appraiser Licensing and Certification Act|Part 1 - General Provisions|Section 101 - Title.

61-2g-101. Title.  This chapter is known as the "Real Estate Appraiser Licensing and Certification Act."  Renumbered and Amended by Chapter 289, 2011 General Session
UT Code § 61-2g-103 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 2g - Real Estate Appraiser Licensing and Certification Act|Part 1 - General Provisions|Section 103 - Other law unaffected.

 Effective 5/8/2018  61-2g-103. Other law unaffected.  This chapter may not be considered to prohibit a person licensed, certified, or registered under this chapter from engaging in the practice of real estate appraising as a professional corporation or a limited liability company in accordance with:  (1)Title 16, Chapter 11, Professional Corporation Act; or     (2)Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company Act.    Amended by Chapter 281, 2018 General Session