Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.210 - BOARD OF REALTY REGULATION › Subchapter 24.210.8 - Property Management › Rule 24.210.828 - UNPROFESSIONAL CONDUCT FOR PROPERTY MANAGEMENT LICENSEES

Current through Register Vol. 13, July 5, 2024
(1) In any transaction in which a property
				management licensee is involved as a licensee or as a party, has held self out
				as a licensee, or in which any party has reasonably relied on a licensee's
				status as a licensee, violation of any statute or rule administered by the
				board may be considered by the board in determining whether or not the licensee
				has failed to meet the generally accepted standards of practice.
(2) If the board determines that a licensee
				has committed an act that violates a statute or the rules administered by the
				board, such act shall be deemed an act against the interest of the public for
				which the board may take disciplinary action permitted by law against the
				licensee.
(3) In addition to all
				other provisions contained in the statutes and rules administered by the board,
				the following are considered unprofessional conduct:
(a) failing to maintain a level of knowledge
				customary for licensees of this state, including laws and rules administered by
				the board;
(b) violating laws and
				rules affecting any transaction in which the licensee acts;
(c) engaging in activities that constitute
				the practice of law;
(d) engaging
				the services of any attorney, insurance agent, maintenance service, or other
				like person or like entity, on behalf of a principal, third-party, or other
				person, without informing and obtaining consent from the person obligated to
				pay for the services;
(e) engaging
				or recommending the services of an attorney, insurance company, maintenance
				service, or other like person or entity, on behalf of a principal, third-party,
				or other person, without disclosing any family relationship, financial
				relationship, and/or financial interest that the licensee or property
				management agency with which the licensee is associated may have in that person
				or entity being engaged or recommended;
(f) falsifying documents, or placing
				signatures on documents without authority of a written power of attorney from
				the party, or committing any act of forgery, fraud, misrepresentation,
				deception, misappropriation, conversion, theft, or any other like
				act;
(g) failing to make reasonable
				efforts to perform all obligations arising from any agreement entered
				into;
(h) acting as a broker
				without holding that license separately;
(i) violating the landlord tenant laws of
				Title 70, chapter 24, MCA;
(j)
				violating the state and federal human rights statutes;
(k) violating the Americans with Disabilities
				Act;
(l) violating the residential
				tenants' security deposits laws of Title 70, chapter 25, MCA;
(m) violating the landlord and tenant
				residential and commercial laws of Title 70, chapter 26, MCA;
(n) violating the Montana Residential Mobile
				Home Lot Rental Act of Title 70, chapter 33, MCA;
(o) violating the Residential Lead-Based
				Paint Disclosure Program of Title X, section 1018 of the United States
				Code;
(p) when entering into a
				management agreement failing to make a prompt effort to verify that the
				principal entering the agreement is the owner or is authorized by the owner to
				enter such agreement;
(q) failing
				to disclose to all customers and clients their contractual
				relationship;
(r) openly
				advertising property belonging to others, whether by means of printed material,
				radio, television, or display, or by other means, without a signed property
				management agreement from the owner of the property. The agreement must be
				valid as of the date of advertisement. Internet advertising is subject to the
				provisions of ARM
				24.210.430;
(s) failing to include the name of the
				property management company, or the term "property manager" in any real estate
				advertising, including property owned by the licensee. Internet advertising is
				subject to the provisions of ARM 24.210.430.
(t) failing to disclose the fact that the
				individual is a licensee when the licensee first seeks information from the
				owner, the owner's agent, or tenant about any property, whether for the
				licensee's own account or as agent for another.
(u) managing property owned by a separate
				person or entity without a written property management agreement in place,
				signed by the owner;
(v) failing to
				comply with all continuing education completion and reporting requirements as
				established by the board;
(w)
				accepting, giving, or charging an undisclosed commission, rebate, or profit on
				expenditures made for a principal;
(x) committing any act of forgery, fraud,
				misrepresentation, deception, misappropriation, conversion, theft, or any other
				like act;
(y) failing to respond to
				a request from the board;
(z)
				engaging in or conducting business as a property manager, or advertising as a
				property manager, or engaging in or conducting the business of a property
				manager at a time when the licensee's license has expired or is on inactive
				status; however, payments received by the seller of a property management
				business even if the seller is no longer a licensee is not considered engaging
				in or conducting business as a property manager; or
(aa) indicating on a renewal form that the
				licensee has completed all required continuing education as of the date of
				submission of the renewal form when the licensee has not completed the
				continuing education.