UtahH.B. 4192025 General SessionHouse

Real Estate Revisions

Sponsored By: R. Neil Walter (Republican)

Signed by Governor

BusinessDepartment of CommerceReal EstateOccupational and Professional Licensing

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 1 benefits, 1 costs, 5 mixed.

Listed real estate criminal penalties removed

The law repeals listed criminal penalties for individuals required to hold a real estate license who violate the chapter. The former first-violation penalty was a class A misdemeanor with up to six months in jail. A second or later violation was a third-degree felony with up to two years in prison. This repeal does not specify replacement penalties.

Brokerages must protect three years' records

Brokerages must keep and protect required records for three years after the applicable event. The clock starts when a transaction closes or fails, a lease starts, an offer is rejected, or property management ends. Transaction records must cover the parties, property, price, trust money, agreements or instructions, and details required by rule. Brokerages must make records available to the Utah Division of Real Estate for inspection or face discipline.

Clearer broker roles for home buyers

A buyer's principal broker can give a seller blank forms, including forms that are not state-approved. The seller or the seller's principal broker must give written permission; the buyer's broker cannot ask the seller for permission. A seller's principal broker does not become an unrepresented buyer's agent merely by contacting them, providing blank forms, or negotiating terms.

Broker licensing covers factory-built housing deals

Selling, listing, buying, exchanging, or auctioning factory-built housing counts as principal-broker activity, unless the person holds a factory-built housing dealer license. The law also removes improvements on real estate from the listed buying, exchange, or auction activities. People with an applicable registration exemption can conduct covered activities without registering with the Utah Division of Real Estate. This registration rule does not create a new exemption.

Real estate ads must identify brokerages

Beginning May 7, 2025, real estate licensees must name their brokerage in ads. Online and digital ads can instead link to the brokerage name within one click. A social post that only generally identifies someone's real estate profession is not an ad. That exception excludes posts promoting property or business opportunities, offering specific brokerage services, or asking the public to contact the licensee.

More discipline options for real estate professionals

With the director's agreement, the commission can order an admonition, reprimand, or surrender of credentials while discipline is pending. These options apply to people licensed, registered, or certified under the real estate chapter. An admonition publicly declares misconduct without naming the person; a reprimand names them. The division can publish these notices, suspensions, and revocations in its newsletter, without limiting website publication or required public-meeting disclosures. When choosing discipline, the commission must weigh seriousness, persistence, harm, cooperation, corrective steps, past violations, deterrence, financial gain, and justice—including whether the person knew or should have known the owner was 65 or older or a vulnerable adult.

Real estate investigations get firm deadlines

Recipients of authorized Utah Division of Real Estate investigation requests, including subpoenas and record requests, must respond within 10 business days after service. The division generally must start a disciplinary case by the earlier of two years after a report or the required record-retention deadline. That deadline pauses during subpoena enforcement and related appeals. Cases responding to civil or criminal judgments or settlements can start within one year after judgment or final settlement. The division and the person involved can agree in writing to extend the deadline.

Sponsors & Cosponsors

Sponsor

  • R. Neil Walter

    Republican • House

Cosponsors

  • Calvin R. Musselman

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 127 • No: 0

Senate vote • 3/7/2025

Senate/ passed 2nd & 3rd readings/ suspension

Yes: 26 • No: 0

Senate vote • 3/3/2025

Senate Comm - Favorable Recommendation

Yes: 6 • No: 0

House vote • 2/28/2025

House/ passed 3rd reading

Yes: 65 • No: 0

House vote • 2/25/2025

House Comm - Amendment Recommendation

Yes: 10 • No: 0

House vote • 2/25/2025

House Comm - Favorable Recommendation

Yes: 10 • No: 0

House vote • 2/25/2025

House Comm - Consent Calendar Recommendation

Yes: 10 • No: 0

Actions Timeline

  1. Governor Signed

    3/25/2025
  2. House/ to Governor

    3/17/2025House
  3. House/ received enrolled bill from Printing

    3/17/2025House
  4. House/ enrolled bill to Printing

    3/14/2025House
  5. Enrolled Bill Returned to House or Senate

    3/14/2025
  6. Draft of Enrolled Bill Prepared

    3/11/2025
  7. Bill Received from House for Enrolling

    3/11/2025
  8. House/ signed by Speaker/ sent for enrolling

    3/7/2025House
  9. House/ received from Senate

    3/7/2025House
  10. Senate/ to House

    3/7/2025Senate
  11. Senate/ signed by President/ returned to House

    3/7/2025Senate
  12. Senate/ passed 2nd & 3rd readings/ suspension

    3/7/2025Senate
  13. Senate/ 2nd & 3rd readings/ suspension

    3/7/2025Senate
  14. Senate/ Rules to 2nd Reading Calendar

    3/7/2025Senate
  15. Senate/ 2nd Reading Calendar to Rules

    3/7/2025Senate
  16. Senate/ Rules to 2nd Reading Calendar

    3/7/2025Senate
  17. Senate/ 2nd Reading Calendar to Rules

    3/5/2025Senate
  18. Senate/ placed on 2nd Reading Calendar

    3/4/2025Senate
  19. Senate/ committee report favorable

    3/4/2025Senate
  20. Senate Comm - Favorable Recommendation

    3/3/2025Senate
  21. Senate/ to standing committee

    2/28/2025Senate
  22. Senate/ 1st reading (Introduced)

    2/28/2025Senate
  23. Senate/ received from House

    2/28/2025Senate
  24. House/ to Senate

    2/28/2025House
  25. House/ passed 3rd reading

    2/28/2025House

Bill Text

  • Enrolled

    3/14/2025

  • Amended 2/26/2025 10:02:931

    2/26/2025

  • Substitute #1

    2/14/2025

  • Introduced

    2/5/2025

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