reglab/statecodes huggingface dataset:
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2e - Appraisal Management Company Registration and Regulation Act › Part 4 - Enforcement › Section 401 - Division authority -- Immunity -- Transmission of reports to Appraisal Subcommittee.

Effective 5/4/2022
61-2e-401.
Division authority -- Immunity -- Transmission of reports to Appraisal Subcommittee.
(1)
(a) In addition to a power or duty expressly provided in this chapter, the division may:
(i) examine any book or record of an appraisal management company registered or required to be registered under this chapter and require the appraisal management company to submit any report, information, or document to the division;
(ii) receive and act on a complaint including:
(A) taking action designed to obtain voluntary compliance with this chapter, including the issuance of a cease and desist order if the person against whom the order is issued is given the right to petition the board for review of the order; or
(B) commencing an administrative or judicial proceeding on the division's own initiative;
(iii) conduct a public or private investigation of an entity required to be registered under this chapter, regardless of whether the entity is located in Utah;
(iv) employ one or more investigators, clerks, or other employees or agents if:
(A) approved by the executive director; and
(B) within the budget of the division; and
(v) issue a subpoena that requires:
(A) the attendance and testimony of a witness; or
(B) the production of evidence.
(b)
(i) A court of competent jurisdiction shall enforce, according to the practice and procedure of the court, a subpoena issued by the division.
(ii) The division shall pay any witness fee, travel expense, mileage, or any other fee required by the service statutes of the state where the witness or evidence is located.
(c) A failure to respond to a request by the division in an investigation under this chapter within 10 days after the day on which the request is served is considered to be a separate violation of this chapter, including:
(i) failing to respond to a subpoena;
(ii) withholding evidence; or
(iii) failing to produce a document or record.
(2) The division is immune from a civil action or criminal prosecution for initiating or assisting in a lawful investigation of an act or participating in a disciplinary proceeding under this chapter if the division takes the action:
(a) without malicious intent; and
(b) in the reasonable belief that the action is taken pursuant to the powers and duties vested in the division under this chapter.
(3) Upon the Appraisal Subcommittee's request, the division shall timely transmit a report to the Appraisal Subcommittee regarding the division's supervisory activities involving appraisal management companies or other third-party providers of appraisals and appraisal management services, including any investigation the division initiates or disciplinary action the division takes.
Amended by Chapter 204, 2022 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2f - Real Estate Licensing and Practices Act › Part 1 - General Provisions › Section 104 - List of licensees, registrants, and certificate holders to be available.

61-2f-104.
List of licensees, registrants, and certificate holders to be available.
(1) Upon request, the division shall make available a list of the names and addresses of the persons licensed, registered, or certified by it under this chapter either directly or through a third party.
(2) A person who requests a list under Subsection (1) shall pay the costs incurred by the division to make the list available.
Renumbered and Amended by Chapter 379, 2010 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2f - Real Estate Licensing and Practices Act › Part 1 - General Provisions › Section 105 - Fees.

61-2f-105.
Fees.
(1) In addition to when expressly authorized in another provision of this chapter, the division may charge and collect reasonable fees determined by the commission with the concurrence of the division under Section 63J-1-504 to cover the costs for:
(a) issuing a new or duplicate license;
(b) registering an entity or branch office;
(c) certifying a real estate school, course, or instructor;
(d) providing a history of a license, registration, or certification;
(e) producing a certified copy of an official document, order, or other paper or transcript; and
(f) other duties required by this chapter.
(2) Notwithstanding Section 13-1-2, a fee collected under Subsection (1)(c) shall be deposited in the Real Estate Education, Research, and Recovery Fund.
(3) If a person pays a fee or costs to the division with a negotiable instrument or other payment method that is not honored for payment:
(a) the transaction for which the payment is submitted is voidable by the division;
(b) the division may reverse the transaction if payment of the applicable fee or costs is not received in full; and
(c) the person's license, certification, or registration is automatically suspended:
(i) beginning the day on which the payment is due; and
(ii) ending the day on which payment is made in full.
(4)
(a) A fee under this chapter is in lieu of all other license fees or assessments that might otherwise be imposed or charged by the state or any of its political subdivisions upon, or as a condition of, the privilege of conducting the business regulated by this chapter, except that a political subdivision within the state may charge a business license fee on a principal broker if the principal broker maintains a place of business within the jurisdiction of the political subdivision.
(b) Unless otherwise exempt, a licensee under this chapter is subject to the taxes imposed under Title 59, Revenue and Taxation.
Amended by Chapter 289, 2011 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2f - Real Estate Licensing and Practices Act › Part 1 - General Provisions › Section 106 - Severability.

61-2f-106.
Severability.
If a provision of this chapter, or the application of a provision to any person or circumstance, is held invalid, the remainder of this chapter shall be given effect without the invalid provision or application. The provisions of this chapter are severable.
Renumbered and Amended by Chapter 379, 2010 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2f - Real Estate Licensing and Practices Act › Part 2 - Licensure, Registration, and Certification › Section 201 - License required.

61-2f-201.
License required.
(1) Unless a person is licensed under this chapter, it is unlawful for the person to do the following with respect to real estate located in this state:
(a) engage in the business of a principal broker, associate broker, or sales agent;
(b) act in the capacity of a principal broker, associate broker, or sales agent;
(c) advertise or assume to act as a principal broker, associate broker, or a sales agent.
(2) Except as provided in Section 61-2f-202, an individual is required to be licensed as a principal broker, associate broker, or a sales agent if the individual performs, offers to perform, or attempts to perform one act for valuable consideration of:
(a) buying, selling, leasing, managing, or exchanging real estate for another person; or
(b) offering for another person to buy, sell, lease, manage, or exchange real estate.
Renumbered and Amended by Chapter 379, 2010 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2f - Real Estate Licensing and Practices Act › Part 2 - Licensure, Registration, and Certification › Section 205 - Form of license.

Effective 5/12/2020
61-2f-205.
Form of license.
The division shall issue to a licensee a license that contains:
(1) the name and address of the licensee;
(2) the seal of the state; and
(3) any other matter prescribed by the division.
Amended by Chapter 72, 2020 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2f - Real Estate Licensing and Practices Act › Part 2 - Licensure, Registration, and Certification › Section 207 - Change of information -- Failure to notify.

Effective 5/4/2022
61-2f-207.
Change of information -- Failure to notify.
(1) An applicant, licensee, registrant, or certificate holder shall send the division a signed statement in the form required by the division notifying the division within 10 business days of any change of:
(a) principal broker;
(b) principal business location;
(c) mailing address;
(d) home street address;
(e) an individual's name; or
(f) business name.
(2)
(a) When providing the division a business location or home street address, a physical location or street address must be provided.
(b) When providing a mailing address, an applicant, licensee, registrant, or certificate holder may provide a post office box or other mail drop location.
(3) Failure to notify the division of a change described in Subsection (1) is separate grounds for disciplinary action against an applicant, licensee, registrant, or certificate holder.
(4) An applicant, licensee, registrant, or certificate holder is considered to have received any notification that has been sent to the last address furnished to the division by the applicant, licensee, registrant, or certificate holder.
Amended by Chapter 204, 2022 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2f - Real Estate Licensing and Practices Act › Part 2 - Licensure, Registration, and Certification › Section 208 - Surrender of license.

Effective 5/13/2014
61-2f-208.
Surrender of license.
(1) The division may, by written agreement, accept the voluntary surrender of a license issued under this chapter.
(2) Tender and acceptance of a voluntary surrender of a license under Subsection (1):
(a) does not prevent the division from pursuing additional action, including disciplinary action, that relates to the surrendered license and is authorized by this chapter or by rules made under this chapter; and
(b) terminates all rights and privileges associated with the license.
(3) A person may restore the rights and privileges described in Subsection (2)(b) only if the person reapplies for, and is granted, licensure in accordance with the requirements described in this chapter.
(4) Any documentation relating to the tender and acceptance of a voluntary surrender is a public record.
Enacted by Chapter 350, 2014 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2f - Real Estate Licensing and Practices Act › Part 3 - Operational Requirements › Section 301 - Reporting requirements.

61-2f-301.
Reporting requirements.
(1) A licensee shall notify the division of the following by sending the division a signed statement within 10 business days of:
(a) a conviction of, or the entry of a plea in abeyance to:
(i) a felony; or
(ii) a misdemeanor involving financial services or a financial services-related business, fraud, a false statement or omission, theft or wrongful taking of property, bribery, perjury, forgery, counterfeiting, or extortion;
(b) the potential resolution of a felony or of a misdemeanor described in Subsection (1)(a)(ii) by:
(i) a diversion agreement; or
(ii) another agreement under which a criminal charge is held in suspense for a period of time;
(c) the filing of a personal or brokerage bankruptcy, if the licensee is a principal broker;
(d) the suspension, revocation, surrender, cancellation, or denial of a license or registration of the licensee that is necessary to engage in an occupation or profession, regardless of whether the license or registration is issued by this state or another jurisdiction; or
(e) the entry of a cease and desist order or a temporary or permanent injunction:
(i) against the licensee by a court or administrative agency; and
(ii) on the basis of:
(A) conduct or a practice involving the business of real estate; or
(B) conduct involving fraud, misrepresentation, or deceit.
(2) The commission, with the concurrence of the director, shall enforce the reporting requirement under this section pursuant to Section 61-2f-404.
Amended by Chapter 166, 2012 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2f - Real Estate Licensing and Practices Act › Part 3 - Operational Requirements › Section 302 - Affiliation with a principal broker.

61-2f-302.
Affiliation with a principal broker.
(1) An individual who is not a principal broker may not engage in an act described in Section 61-2f-201 unless the individual is affiliated with a principal broker as:
(a) an associate broker; or
(b) a sales agent.
(2)
(a) An inactive associate broker or sales agent may not conduct a real estate transaction until the inactive associate broker or sales agent becomes affiliated with a principal broker and submits the required documentation to the division.
(b) An inactive principal broker may not conduct a real estate transaction until the principal broker's license is activated with the division.
(3) A sales agent or associate broker may not affiliate with more than one principal broker at the same time.
(4) An individual may not be a principal broker of an entity and a sales agent or associate broker for a different entity at the same time.
(5) An owner, purchaser, lessor, or lessee who engages the services of a principal broker may designate which sales agents or associate brokers affiliated with that principal broker will also represent that owner, purchaser, lessor, or lessee in the purchase, sale, lease, or exchange of real estate, or in exercising an option relating to real estate.
Amended by Chapter 184, 2010 General Session
Renumbered and Amended by Chapter 379, 2010 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2f - Real Estate Licensing and Practices Act › Part 3 - Operational Requirements › Section 303 - Sale agents or associate broker -- Affiliated with principal broker as independent contractors or employees -- Presumption.

Effective 5/12/2015
61-2f-303.
Sale agents or associate broker -- Affiliated with principal broker as independent contractors or employees -- Presumption.
(1)
(a) A sales agent or associate broker may be affiliated with a principal broker either as an independent contractor or as an employee.
(b) The relationship between sales agent or associate broker and principal broker is presumed to be an independent contractor relationship unless there is clear and convincing evidence that the relationship was intended by the parties to be an employer employee relationship.
(2) The presumption of an independent contractor relationship extends to all of the duties and services that the sales agent or associate broker performs, including the preparation and receipt of payment for a broker price opinion.
Amended by Chapter 262, 2015 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2f - Real Estate Licensing and Practices Act › Part 3 - Operational Requirements › Section 304 - Termination of associate broker or sales agent by principal broker -- Notice.

Effective 5/9/2017
61-2f-304.
Termination of associate broker or sales agent by principal broker -- Notice.
(1) If a principal broker terminates an associate broker or sales agent, the principal broker shall notify the division and the associate broker or sales agent of the termination in a manner prescribed by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by the commission with the concurrence of the division.
(2) An associate broker or sales agent may not perform any act under this chapter, directly or indirectly, from and after the effective date of the termination notice until the day on which the associate broker or sales agent is affiliated with a principal broker.
Amended by Chapter 182, 2017 General Session
2023 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.

Effective 5/3/2023
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; and
(b) 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 associate broker or sales agent.
(3) The commission, with the concurrence of the division, may 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.
Amended by Chapter 141, 2023 General Session
2023 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
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2f - Real Estate Licensing and Practices Act › Part 4 - Enforcement › Section 402 - Investigations -- Disciplinary actions.

Effective 5/4/2022
61-2f-402.
Investigations -- Disciplinary actions.
(1) The division may conduct a public or private investigation within or outside of this state as the division considers necessary to determine whether a person has violated, is violating, or is about to violate this chapter or any rule or order under this chapter.
(2) To aid in the enforcement of this chapter or in the prescribing of rules and forms under this chapter, the division may require or permit a person to file a statement in writing, under oath or otherwise as to the facts and circumstances concerning the matter to be investigated.
(3) For the purpose of the investigation described in Subsection (1), the division or an employee designated by the division may:
(a) administer an oath or affirmation;
(b) issue a subpoena that requires:
(i) the attendance and testimony of a witness; or
(ii) the production of evidence;
(c) take evidence;
(d) require the production of a book, paper, contract, record, other document, or information relevant to the investigation; and
(e) serve a subpoena by certified mail.
(4)
(a) A court of competent jurisdiction shall enforce, according to the practice and procedure of the court, a subpoena issued by the division.
(b) The division shall pay any witness fee, travel expense, mileage, or any other fee required by the service statutes of the state where the witness or evidence is located.
(5)
(a) Except as provided in Subsections (5)(b) and (c), the division shall commence a disciplinary action under this chapter no later than the earlier of the following:
(i) four years after the day on which the violation is reported to the division; or
(ii) 10 years after the day on which the violation occurred.
(b) Except as provided in Subsection (5)(c), the division shall commence a disciplinary action within four years after the day on which a violation occurred, if the violation was of:
(i) Section 61-2f-206;
(ii) Subsection 61-2f-401(8), which prohibits failure to voluntarily furnish a copy of a document to the parties before and after the execution of a document; or
(iii) Subsection 61-2f-401(18), which prohibits failure to respond to a division request in an investigation within 10 days after the day on which the request is served.
(c) The division may commence a disciplinary action under this chapter after the time period described in Subsection (5)(a) or (b) expires if:
(i)
(A) the disciplinary action is in response to a civil or criminal judgment or settlement; and
(B) the division initiates the disciplinary action no later than one year after the day on which the judgment is issued or the settlement is final; or
(ii) the division and the person subject to a disciplinary action enter into a written stipulation to extend the time period described in Subsection (5)(a) or (b).
Amended by Chapter 204, 2022 General Session
2023 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
Superseded 7/1/2024
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
2023 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 7/1/2024
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 in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, 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 401, 2023 General Session
2023 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
2023 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
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2f - Real Estate Licensing and Practices Act › Part 4 - Enforcement › Section 407 - Remedies and action for violations.

Effective 5/8/2018
Superseded 7/1/2024
61-2f-407.
Remedies and action for violations.
(1)
(a) The director shall issue and serve upon a person an order directing that person to cease and desist from an act if:
(i) the director has reason to believe that the person has been engaging, is about to engage, or is engaging in the act constituting a violation of this chapter; and
(ii) it appears to the director that it would be in the public interest to stop the act.
(b) Within 10 days after the day on which the order is served, the person upon whom the order is served may request a hearing.
(c) Pending a hearing requested under Subsection (1)(b), a cease and desist order shall remain in effect.
(d) If a request for a hearing is made, the division shall follow the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.
(2)
(a) After a hearing requested under Subsection (1), if the commission and the director agree that an act of the person violates this chapter, the director:
(i) shall issue an order making the order issued under Subsection (1) permanent; and
(ii) may impose another disciplinary action under Section 61-2f-404.
(b) The director shall file suit in the name of the Department of Commerce and the Division of Real Estate, in the district court in the county in which an act described in Subsection (1) occurs or where the person resides or carries on business, to enjoin and restrain the person from violating this chapter if:
(i)
(A) a hearing is not requested under Subsection (1); and
(B) the person fails to cease the act described in Subsection (1); or
(ii) after discontinuing the act described in Subsection (1), the person again commences the act.
(c) A district court of this state has jurisdiction of an action brought under this section.
(d) Upon a proper showing in an action brought under this section or upon a conviction under Section 76-6-1203, the court may:
(i) issue a permanent or temporary, prohibitory or mandatory injunction;
(ii) issue a restraining order or writ of mandamus;
(iii) enter a declaratory judgment;
(iv) appoint a receiver or conservator for the defendant or the defendant's assets;
(v) order disgorgement;
(vi) order rescission;
(vii) impose a civil penalty not to exceed the greater of:
(A) $5,000 for each violation; or
(B) the amount of any gain or economic benefit derived from a violation; and
(viii) enter any other relief the court considers just.
(e) The court may not require the division to post a bond in an action brought under this Subsection (2).
(3) A license, certificate, or registration issued by the division to any person convicted of a violation of Section 76-6-1203 is automatically revoked.
(4) A remedy or action provided in this section does not limit, interfere with, or prevent the prosecution of another remedy or action, including a criminal proceeding.
Amended by Chapter 213, 2018 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2f - Real Estate Licensing and Practices Act › Part 4 - Enforcement › Section 407 - Remedies and action for violations.

Effective 7/1/2024
61-2f-407.
Remedies and action for violations.
(1)
(a) The director shall issue and serve upon a person an order directing that person to cease and desist from an act if:
(i) the director has reason to believe that the person has been engaging, is about to engage, or is engaging in the act constituting a violation of this chapter; and
(ii) it appears to the director that it would be in the public interest to stop the act.
(b) Within 10 days after the day on which the order is served, the person upon whom the order is served may request a hearing.
(c) Pending a hearing requested under Subsection (1)(b), a cease and desist order shall remain in effect.
(d) If a request for a hearing is made, the division shall follow the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.
(2)
(a) After a hearing requested under Subsection (1), if the commission and the director agree that an act of the person violates this chapter, the director:
(i) shall issue an order making the order issued under Subsection (1) permanent; and
(ii) may impose another disciplinary action under Section 61-2f-404.
(b) The director shall bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, in the name of the Department of Commerce and the Division of Real Estate to enjoin and restrain the person from violating this chapter if:
(i)
(A) a hearing is not requested under Subsection (1); and
(B) the person fails to cease the act described in Subsection (1); or
(ii) after discontinuing the act described in Subsection (1), the person again commences the act.
(c) Upon a proper showing in an action brought under this section or upon a conviction under Section 76-6-1203, the court may:
(i) issue a permanent or temporary, prohibitory or mandatory injunction;
(ii) issue a restraining order or writ of mandamus;
(iii) enter a declaratory judgment;
(iv) appoint a receiver or conservator for the defendant or the defendant's assets;
(v) order disgorgement;
(vi) order rescission;
(vii) impose a civil penalty not to exceed the greater of:
(A) $5,000 for each violation; or
(B) the amount of any gain or economic benefit derived from a violation; and
(viii) enter any other relief the court considers just.
(d) The court may not require the division to post a bond in an action brought under this Subsection (2).
(3) A license, certificate, or registration issued by the division to any person convicted of a violation of Section 76-6-1203 is automatically revoked.
(4) A remedy or action provided in this section does not limit, interfere with, or prevent the prosecution of another remedy or action, including a criminal proceeding.
Amended by Chapter 401, 2023 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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