reglab/housing_qa huggingface dataset:
IA Code § 543B.60A (2021)
2021 Iowa Code|Title XIII - COMMERCE|Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS|Section 543B.60A - Prohibited practices — business referral disclosures.

543B.60A Prohibited practices — business referral disclosures.   1. A licensee shall not request a referral fee after a bona fide offer to purchase is accepted.   2. A licensee shall not request a referral fee after a bona fide listing agreement has been signed.   3. A licensee shall not offer, promote, perform, provide, or otherwise participate in any marketing plan that requires a consumer to receive brokerage services, including referral services, from two or more licensees in a single real estate transaction, as a required condition for the consumer to receive either of the following:   a. Brokerage services from one or more of such licensees.   b. A rebate, prize, or other inducement from one or more such licensees.   4. For purposes of this section, “consumer” shall include parties or prospective parties to a real estate transaction, clients or prospective clients of a licensee, or customers or prospective customers of a licensee.   5. This section does not address relationships between a broker and the broker associates or salespersons licensed under, employed by, or otherwise associated with the broker in a real estate brokerage agency.   6. A violation of this section is deemed a violation of section 543B.29, subsection 1, paragraph “d”.   7. The purpose of this section is to prohibit licensee practices that interfere with contractual arrangements, place improper restrictions on consumer choice, compromise a licensee’s fiduciary obligations, and create conflicts of interest.   8. An Iowa licensee is prohibited from participating in any marketing plan or arrangement prohibited by this section with a person who is licensed or otherwise authorized to engage in the real estate business in another state or foreign country. This subsection shall not be interpreted to impact or alter a referral fee structure which otherwise complies with the requirements of this section.   9. A licensee or person licensed in another state or foreign country who conducts business in this state or refers business to a licensee in this state shall disclose in writing to the consumer and to the licensee to whom they are referring business, the name of the consumer being referred, the name of the referring company, and the amount of compensation they are receiving for the referral. This subsection shall not affect or restrict business practices relating to payment methods between listing and selling brokerages, and shall be applicable strictly to properties containing at least one but not more than four dwelling units.  99 Acts, ch 22, §2; 2005 Acts, ch 179, §73; 2007 Acts, ch 153, §1, 2; 2008 Acts, ch 1099, §5
IA Code § 543B.61 (2021)
2021 Iowa Code|Title XIII - COMMERCE|Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS|Section 543B.61 - Violations — real estate commission jurisdiction.

543B.61 Violations — real estate commission jurisdiction.   1. Failure of a licensee to comply with sections 543B.57 through 543B.60 is prima facie evidence of a violation under section 543B.34, subsection 1, paragraph “d”.   2. Failure of a licensee to act in accordance with the disclosures made pursuant to sections 543B.56 through 543B.58 is prima facie evidence of a violation under section 543B.34, subsection 1, paragraph “d”.   3. Nothing in this subchapter shall affect the validity of title to real property transferred based solely on the reason that a licensee failed to conform to the provisions of this subchapter.  95 Acts, ch 17, §7
IA Code § 543B.62 (2021)
2021 Iowa Code|Title XIII - COMMERCE|Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS|Section 543B.62 - Changes in common law duties and liabilities of licensees and parties.

543B.62 Changes in common law duties and liabilities of licensees and parties.   1. Except as provided in subsection 2, the duties of a licensee specified in this chapter or in rules adopted pursuant to this chapter supersede any fiduciary duties of a licensee to a party to a transaction based on common law principles of agency to the extent that those common law fiduciary duties are inconsistent with the duties specified in this chapter or rules adopted pursuant to this chapter.   2. This section shall not be construed to modify a licensee’s duty under common law as to negligent or fraudulent misrepresentation of material information.   3. a. A licensee who is providing brokerage services to a client and who retains another licensee to provide brokerage services to that client is not liable for misrepresentation made by the other licensee, unless the retaining licensee knew or should have known of the other licensee’s misrepresentation or the other licensee is repeating a misrepresentation made to the other licensee by the retaining licensee.   b. A broker is responsible for supervising a salesperson or broker associate employed by or otherwise associated with the broker as a representative of the broker. The existence of an independent contractor relationship or any other special compensation arrangement between the broker and the salesperson or broker associate does not relieve the broker, salesperson, or broker associate of the duties and responsibilities established by this chapter. A salesperson or broker associate shall keep the employing broker fully informed of all activities being conducted on behalf of the broker and any other activities that might impact on the broker’s responsibilities. However, the failure of the salesperson or broker associate to keep the employing broker fully informed does not relieve the broker of the duties and responsibilities established by this chapter.  95 Acts, ch 17, §8
IA Code § 543B.63 (2021)
2021 Iowa Code|Title XIII - COMMERCE|Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS|Section 543B.63 - Licensee not considered subagent.

543B.63 Licensee not considered subagent.   A licensee is not considered to be a subagent of a client of another licensee solely by reason of membership or other affiliation by the licensee in a multiple listing service or other similar information source, and an offer of subagency shall not be made through a multiple listing service or other similar information source.  95 Acts, ch 17, §9
IA Code § 543B.64 (2021)
2021 Iowa Code|Title XIII - COMMERCE|Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS|Section 543B.64 - Chapter is not limiting.

543B.64 Chapter is not limiting.   The duties imposed upon persons under this chapter or pursuant to rules adopted by the real estate commission shall not limit or abridge any duty or responsibility to disclose created by other applicable law, or under a contract between parties.  95 Acts, ch 17, §10
IA Code § 543C.1 (2021)
2021 Iowa Code|Title XIII - COMMERCE|Chapter 543C - SALES OF SUBDIVIDED LAND OUTSIDE OF IOWA|Section 543C.1 - Definitions.

543C.1 Definitions.   As used in this chapter, unless the context otherwise indicates:   1. “Advertisement” means the attempt by, dissemination, solicitation, or circulation to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in land offered for sale or lease, to the public in this state.   2. “Commission” means the real estate commission as established by chapter 543B.   3. “Sale” means any sale, offer for sale, or attempt to sell or lease any land, to the public in this state, for cash or on credit.   4. “Subdivided land” means improved or unimproved land divided or proposed to be divided for the purpose of sale or lease into five or more lots or parcels, or additions or parts of lots or parcels; however, subdivided land does not include a subdivision subject to section 306.21 or chapter 354 nor the leasing of apartments, offices, stores, or similar space within an apartment building, industrial building, or commercial building unless an undivided interest in the land is granted as a condition precedent to occupying space in the structure. Subdivided land does not include subdivisions of land located within the state of Iowa or time-share intervals as defined in section 557A.2.   5. “Subdivider” means any person, firm, partnership, company, corporation, or association engaging directly or through an agent in the business of selling or leasing subdivided land, or of offering such land for sale or lease, to the public in this state.  [C75, 77, 79, 81, §117A.1]  85 Acts, ch 155, §22; 90 Acts, ch 1236, §42  C93, §543C.1
IA Code § 543C.3 (2021)
2021 Iowa Code|Title XIII - COMMERCE|Chapter 543C - SALES OF SUBDIVIDED LAND OUTSIDE OF IOWA|Section 543C.3 - Offering statement — contents — prohibitions.

543C.3 Offering statement — contents — prohibitions.   1. There may be omitted from the offering statement any of the information required under section 543C.2, subsection 1, paragraphs “f”, “i”, and “j”, which the commission may by a properly promulgated rule designate as being unnecessary or inappropriate for the protection of the public interest or a purchaser.   2. No offer to sell or lease subdivided land by any means of advertisement shall be made unless a copy of such advertisement has first been filed with the board. All such advertisements shall state that an offering statement has been filed with the commission and that a copy of such statement is available from the subdivider upon request.   3. Except as provided in subsection 1, no offer to sell or lease subdivided land shall be made unless such offer is accompanied by a copy of the current offering statement filed pursuant to this chapter.   4. The first page of the offering statement employed in the sale or lease, or offer for sale or lease, of subdivided land shall contain a legible statement printed in at least sixteen point bold type which shall be at least four point type larger than the body of the document that the filing of the verified statement and offering statement with the commission does not constitute approval of the sale or lease, or offer for sale or lease, by the state, commission or any officer thereof, or that the state, commission or any officer thereof, has in any way passed upon the merits of such offering.   5. No sale or lease of subdivided land shall be made unless accompanied or preceded by the delivery to the prospective purchaser of an offering statement complying with the provisions of this section.   6. No offering statement shall be changed or amended unless a copy of such change or amendment has first been filed with the commission.   7. The subdivider shall, within thirty days after the first day of July of each year, file with the commission a current offering statement setting forth all changes which have taken place during the preceding year with respect to any information required to be set forth in such offering statement. Only a current offering statement shall be used to sell or lease, or offer to sell or lease, any subdivided land.   8. A fee of one hundred dollars shall be paid, plus ten dollars for each one hundred lots, units, parcels, portions, or interest included in the current offering statement.  [C75, 77, 79, 81, §117A.3]  C93, §543C.3  2013 Acts, ch 90, §249  Referred to in §543C.8
IA Code § 543C.5 (2021)
2021 Iowa Code|Title XIII - COMMERCE|Chapter 543C - SALES OF SUBDIVIDED LAND OUTSIDE OF IOWA|Section 543C.5 - Penalties.

543C.5 Penalties.   1. Any person, firm, partnership, corporation, company, or association representing in any manner that the state, the commission or any officer thereof has recommended or acquiesced in the recommendation of the purchase of any subdivided land offered for sale or lease, in advertising or offering such subdivided land for sale or lease, shall be guilty of a serious misdemeanor.   2. Any person, officer, director, agent, or employee of a person, company, firm, partnership, association, or corporation offering to sell or lease, or selling or leasing, subdivided land prior to the filing of the offering statement and the application required by this chapter shall be guilty of a serious misdemeanor.   3. Except as provided in subsection 2, every person, officer, director, agent, or employee of a person, company, firm, partnership, corporation, or association who authorizes, directs, or aids in the publication, advertisement, distribution, or circulation of any device, scheme, or artifice for obtaining money or property by means of any false pretense, representation, or promise concerning any subdivided land offered for sale or lease, and every person, officer, director, agent, or employee of a company, firm, partnership, corporation, or association who makes or attempts to make fictitious or pretended purchases or sales of subdivided lands in this state, or in any other respect willfully violates or fails to comply with any of the provisions of this chapter, or omits or neglects to obey, observe, or comply with any order, permit, decision, demand, or requirement of the commission under the provisions of this chapter, is guilty of a serious misdemeanor.  [C75, 77, 79, 81, §117A.5]  C93, §543C.5
IA Code § 543C.6 (2021)
2021 Iowa Code|Title XIII - COMMERCE|Chapter 543C - SALES OF SUBDIVIDED LAND OUTSIDE OF IOWA|Section 543C.6 - Sales by brokers.

543C.6 Sales by brokers.   It shall be unlawful for any subdivider to sell or lease, or offer for sale or lease, any subdivided land located without this state except through a real estate broker or salesperson duly licensed in this state. The provision of section 543B.7, subsection 1, exempting regular employees of the owner of real estate from the licensing requirements of chapter 543B, shall not in any way apply to the sale of any subdivided land regulated by this chapter and subdividers covered by this chapter may not avail themselves of the provisions of section 543B.7, subsection 1, but must pursuant to this section sell only through licensed Iowa brokers and licensed salespersons.  [C75, 77, 79, 81, §117A.6]  C93, §543C.6  2019 Acts, ch 59, §194
IA Code § 543C.7 (2021)
2021 Iowa Code|Title XIII - COMMERCE|Chapter 543C - SALES OF SUBDIVIDED LAND OUTSIDE OF IOWA|Section 543C.7 - Prosecution.

543C.7 Prosecution.   1. The attorney general shall prosecute all violations of this chapter. Prosecutions shall be instituted by the attorney general upon the written request of the commission. In all criminal proceedings the attorney general may appear before any court or any grand jury and exercise all the powers and perform all the duties in respect to such actions or proceedings which the county attorney would otherwise be authorized or required to exercise or perform. In lieu thereof the attorney general may transmit evidence, proof, and information pertaining to such offense to the county attorney of the county in which the alleged violation occurred, and such county attorney shall prosecute for such violation. In any such proceeding in which the attorney general has appeared, the county attorney shall only exercise such powers and perform such duties as are required by the attorney general. The attorney general shall, within ten days after a conviction for a violation of any provision of this chapter, file with the commission a detailed report showing the date of the conviction, name of the person convicted, and the specific nature of the charge.   2. Whenever it appears to the commission that any person, officer, director, agent, or employee of a company, firm, partnership, association, or corporation offering to sell or lease, or selling or leasing, subdivided land, has committed or is about to commit a violation of this chapter or any rule or order issued by the commission hereunder, the commission may apply to the district court of the county in which the principal office of the subdivider is located or if such subdivider has no such office in this state then to the district court of Polk county for an order enjoining such subdivider or such officer, director, agent, or employee thereof from violating or continuing to violate this chapter or any such rule or order, and for such other equitable relief as the nature of the case and the interests of the public may require.   3. Any false statement contained in any statement filed with the commission pursuant to the requirements of this chapter, or in any affidavit attached thereto, shall constitute a violation of this chapter.   4. In any action brought under the provisions of this chapter, the attorney general is entitled to recover costs for the use of this state.  [C75, 77, 79, 81, §117A.7]  C93, §543C.7
IA Code § 543C.8 (2021)
2021 Iowa Code|Title XIII - COMMERCE|Chapter 543C - SALES OF SUBDIVIDED LAND OUTSIDE OF IOWA|Section 543C.8 - Filing fees.

543C.8 Filing fees.   1. Each initial filing made pursuant to section 543C.2 shall be accompanied by a basic filing fee of one hundred dollars, plus twenty-five dollars for every one hundred lots, units, parcels, portions, or interests included in the offering. A registration fee shall be paid with the filing of an application for registration consolidating additional lots with a prior registration and shall be set by rule which shall provide a basic fee of fifty dollars, plus an additional fee of twenty-five dollars for every one hundred lots, units, parcels, portions, or interests included in the offering. A fee shall not be charged for amendments to the property report as a result of amendments to the initial filing, unless the commission determines the amendments are made for the purpose of avoiding the payment of a fee, in which event the amendment may be treated as an application for registration consolidating additional lots with a prior registration. The filing fee to be paid with each annual current offering statement is as established by section 543C.3, subsection 8.   2. All fees collected under this chapter shall be deposited with the treasurer of state and credited to the general fund.  [C75, 77, 79, 81, §117A.8]  C93, §543C.8  2020 Acts, ch 1062, §94  Referred to in §543C.4  Code editor directive applied
IA Code § 543D.1 (2021)
2021 Iowa Code|Title XIII - COMMERCE|Chapter 543D - REAL ESTATE APPRAISALS AND APPRAISERS|Section 543D.1 - Short title.

543D.1 Short title.   This chapter shall be known and may be cited as the “Iowa Voluntary Appraisal Standards and Appraiser Certification Law”.  89 Acts, ch 290, §1  CS89, §117B.1  C93, §543D.1
IA Code § 543D.2 (2021)
2021 Iowa Code|Title XIII - COMMERCE|Chapter 543D - REAL ESTATE APPRAISALS AND APPRAISERS|Section 543D.2 - Definitions.

543D.2 Definitions.   As used in this chapter, unless the context otherwise requires:   1. “Appraisal” or “real estate appraisal” means an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate. An appraisal may be classified by subject matter into either a valuation or an analysis. A “valuation” is an estimate of the value of real estate or real property. An “analysis” is a study of real estate or real property other than estimating value.   2. “Appraisal assignment” means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting as a disinterested third party in rendering an appraisal, valuation, or analysis.   3. “Appraisal foundation” means the appraisal foundation incorporated as an Illinois not-for-profit corporation on November 30, 1987.   4. “Appraisal report” means any communication of an appraisal.   5. “Associate real estate appraiser” means a person who may not yet fully meet the requirements for certification but who is providing significant input into the appraisal development under the direction of a certified appraiser.   6. “Board” means the real estate appraiser examining board established pursuant to this chapter.   7. “Certified appraisal or certified appraisal report” means an appraisal or appraisal report given or signed and certified as an appraisal or appraisal report by an Iowa certified real estate appraiser.   8. A “certified real estate appraiser” means a person who develops and communicates real estate appraisals and who holds a current, valid certificate for appraisals of types of real estate which may include residential, commercial, or rural real estate, as may be established under this chapter.   9. “Review appraiser” means a person who is responsible for the administrative approval of the appraised value of real property or assures that appraisal reports conform to the requirements of law and policy, or that the value of real property estimated by appraisers represents adequate security, fair market value, or other defined value.   10. “Specialized services” means a hypothetical or other special valuation, or an analysis or an appraisal which does not fall within the definition of an appraisal assignment.   11. “Superintendent” means the superintendent of the division of banking of the department of commerce or the superintendent’s designee.  89 Acts, ch 290, §2  CS89, §117B.2  C93, §543D.2  2001 Acts, ch 49, §1; 2016 Acts, ch 1124, §22, 32  Referred to in §543E.3
IA Code § 543D.3 (2021)
2021 Iowa Code|Title XIII - COMMERCE|Chapter 543D - REAL ESTATE APPRAISALS AND APPRAISERS|Section 543D.3 - Purposes.

543D.3 Purposes.   1. The purpose of this chapter is to establish standards for real estate appraisals and a procedure for the voluntary certification of real estate appraisers and the mandatory registration of associate real estate appraisers.   2. A person who is not a certified real estate appraiser under this chapter may appraise real estate for compensation if certification is not required by this chapter or by federal or state law, rule, or policy. However, an employee of the state department of transportation whose duties include appraisals of property pursuant to chapter 6B must be a certified real estate appraiser under this chapter or a registered associate real estate appraiser acting under the direct supervision of a certified real estate appraiser.  89 Acts, ch 290, §3  CS89, §117B.3  C93, §543D.3  99 Acts, ch 171, §39, 42; 2007 Acts, ch 72, §1
IA Code § 543D.4 (2021)
2021 Iowa Code|Title XIII - COMMERCE|Chapter 543D - REAL ESTATE APPRAISALS AND APPRAISERS|Section 543D.4 - Iowa real estate appraiser board.

543D.4 Iowa real estate appraiser board.   1. A real estate appraiser examining board is established within the banking division of the department of commerce. The board consists of seven members, two of whom shall be public members and five of whom shall be certified real estate appraisers.   2. The governor shall appoint the members of the board who are subject to confirmation by the senate. The governor may remove a member for cause.   3. A certified real estate appraiser member of the board shall be actively engaged in practice as a certified real estate appraiser and shall have been so engaged for five years preceding appointment, the last two of which shall have been in this state. The governor shall attempt to represent each class of certified appraisers in making the appointments.   4. The term of each member is three years. Vacancies occurring during a term shall be filled by appointment by the governor for the unexpired term.   5. Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. A person shall not serve as a member of the board for more than three terms, but appointment to fill an unexpired term shall not be considered a complete term for this purpose.   6. The public members of the board shall not engage in the practice of real estate appraising.   7. The board shall meet at least once each calendar quarter to conduct its business.   8. The members of the board shall elect a chairperson from among the members to preside at board meetings.   9. A quorum of the board is four members.   10. Members of the board are entitled to receive a per diem as specified in section 7E.6 for each day spent in performance of duties as members and shall be reimbursed for all actual and necessary expenses incurred in the performance of duties as members.  89 Acts, ch 290, §4  CS89, §117B.4  C93, §543D.4  2006 Acts, ch 1177, §40; 2013 Acts, ch 5, §24; 2016 Acts, ch 1124, §23, 32  Confirmation, see §2.32