Title 37, Title 37

(1) A member of a peer review, professional standards review, or ethics review committee of a society composed of persons licensed to practice as certified public accountants is not liable in damages to any person for any action taken or recommendation made within the scope of th…

Unless the context requires otherwise, in this chapter the following definitions apply: (1) (a) "Adverse material fact" means a fact that should be recognized by a broker or salesperson as being significant enough to affect a person's decision to enter into a contract to buy or s…

(1) An act performed for compensation of any kind in the buying, selling, exchanging, leasing, or renting of real estate or in negotiating a real estate transaction for others, except as specified in this section, must identify the person performing any of the acts as a real esta…

Nothing contained herein may be construed to amend or modify 45-6-317 or 45-6-318. This chapter shall be construed to be supplemental to 45-6-317 and 45-6-318.

The responsibility of a broker or salesperson with respect to sexual or violent offender registration information maintained by a governmental entity under Title 46, chapter 23, part 5, is limited to disclosure of: (1) the fact that the information may be maintained and by whom; …

The presiding officer or an employee of the department hired to provide services to the board may not be an officer or paid employee of any real estate association or group of real estate dealers or brokers.

The board may regulate the issuance of licenses and revoke or suspend licenses issued under this chapter.

The board shall from time to time adopt rules to carry out the provisions of this chapter.

(1) The board may, subject to 37-1-101, conduct, hold, or assist in conducting or holding real estate clinics, meetings, courses, or institutes and incur necessary expenses in this connection. (2) Except as provided in 37-51-302, 37-51-303, and subsection (3) of this section, the…

Each member of the board shall receive compensation and travel expenses as provided for in 37-1-133.

The board shall adopt a schedule of fees to be charged by the department and to be paid into the state special revenue fund for the use of the board. The fees charged must be reasonably related to the cost incurred in regulating the real estate industry.

Whenever money is received by the board or by the department for the use of the board and there is no provision for the disposition or deposit of the money, the money is to be deposited in the state special revenue fund for the use of the board.

The department may hire an executive secretary to carry out duties prescribed by the board pursuant to the board's responsibilities and duties established by law.

(1) It is unlawful for a person to engage in or conduct, directly or indirectly, or to advertise or represent to the public as engaging in or conducting the business or acting in the capacity of a real estate broker or a real estate salesperson within this state without a license…

(1) Licenses may be granted only to individuals considered by the board to be of good repute and competent to transact the business of a broker or a salesperson in a manner that safeguards the interests of the public. (2) An applicant for a broker's license: (a) must be at least …

(1) In addition to proof of honesty, trustworthiness, and good reputation, an applicant whose application is pending shall satisfactorily pass an examination. (2) (a) The examination for a salesperson's license must include subject portions that the board determines by rule to be…

(1) A licensed broker may not employ or compensate, directly or indirectly, a person for performing the acts regulated by this chapter who is not a licensed broker, a licensed salesperson, or a licensed property manager. However, a licensed broker may pay a commission to a licens…

(1) A licensed broker shall maintain a designated physical address where the original license or a copy of the current license of the broker must be prominently displayed. The designated address of the broker must be indicated on the broker's license. (2) (a) If the broker is a s…

(1) A salesperson may not be associated with, be under contract to, or perform services for more than one supervising broker, except on a temporary basis as provided in 37-51-302. (2) (a) If a licensed salesperson desires to change association or contractual relationship from one…

The fees prescribed by the board must be charged by the department and paid into the state special revenue fund for the use of the board, subject to 37-1-101(6).

(1) A license fee or license tax may not be imposed on a real estate broker or salesperson as a condition to the practice of the broker's or salesperson's profession by a municipality or any other political subdivision of the state, including a local government with self-governin…

(1) The provisions of this chapter and the duties described in this section govern the relationships between brokers or salespersons and buyers or sellers and are intended to replace the duties of agents as provided elsewhere in state law and replace the common law as applied to …

(1) A broker or salesperson shall disclose the existence and nature of relevant agency or other relationships to the parties to a real estate transaction as provided in this section. (2) A seller agent shall make the required relationship disclosures as follows: (a) The initial d…

(1) A party to a real estate transaction is not liable for a misrepresentation made by the party's agent or subagent unless: (a) the party has actual knowledge of the misrepresentation; or (b) the agent or subagent is repeating a misrepresentation made by the party. (2) A broker …

(1) The following practices, in addition to the provisions of 37-1-316 and as provided in board rule, are considered unprofessional conduct for an applicant or a person licensed under this chapter: (a) intentionally misleading, untruthful, or inaccurate advertising, whether print…

(1) An employee of the department may issue a citation to a broker responsible for maintenance of a trust account for failure to comply with trust account maintenance requirements as provided by rule under 37-1-319(3). (2) The citation must include: (a) the time and date on which…

(1) A real estate broker or salesperson with an active real estate license under this chapter must maintain continuous professional liability insurance coverage that meets the requirements of this section during the period of licensure. The insurance must cover the broker or sale…

Any person engaged in the business of or acting in the capacity of a real estate broker or real estate salesperson within this state shall not be permitted to bring or maintain any action in the courts for the collection of compensation for the sale or lease or otherwise disposin…

This chapter may be cited as the "Real Estate Appraiser Licensing and Certification Act".

Terms commonly used in appraisal practice and as used in this chapter must be defined according to the uniform standards of professional appraisal practice, as issued by the appraisal foundation. As used in this chapter, unless the context requires otherwise, the following defini…

The board shall: (1) adopt rules to implement and administer the provisions of this chapter; (2) establish and collect fees commensurate with the costs of processing: (a) an application for licensure or renewal of licensure; (b) certification or renewal of a certificate; and (c) …

The board may issue a certificate of good standing to any licensed or certified real estate appraiser who holds a current valid license or certificate in this state.

Except as provided in 37-54-105(12), fees collected by the board under this chapter must be deposited in the state special revenue fund for the use of the board, subject to 37-1-101(6), and may be used to pay the compensation of board members and other expenses necessary to admin…

Registry fees collected under 37-54-105(12) are separate from registration fees provided for elsewhere in this part. Registry fees are statutorily appropriated, as provided in 17-7-502, to the department to transmit to the appraisal subcommittee of the federal financial instituti…

(1) On proof that an applicant meets the qualifications set out in 37-54-202, the board shall issue to the applicant a real estate appraiser license. (2) The term "licensed real estate appraiser" may not be used to describe a firm, partnership, corporation, group, or anyone other…

(1) To qualify for a real estate appraiser license, an applicant: (a) must be of good moral character; (b) shall successfully complete a course of study prescribed by the board; (c) must have the type and amount of experience in real estate appraisal prescribed by the board; (d) …

In accordance with policy statements issued by the appraisal subcommittee of the federal financial institutions examination council under Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and without regard to the provisions of 37-1-144, the de…

(1) A person may not represent to the public that the person is a certified real estate appraiser unless the person is certified under this chapter. (2) Only a certified real estate appraiser may prepare and sign a certified appraisal report relating to real estate or real proper…

(1) An application for certification, original certification, or renewal of certification must be made in writing to the board on forms approved by the board. (2) A fee established by the board by rule must accompany the application. (3) When an applicant files an application for…

(1) A real estate appraiser may be certified in one or both of the following classes: (a) general real estate, which relates to the appraisal of all types of real property; (b) residential real estate, which relates to the appraisal of expensive or complex 1 to 4 family homes. (2…

(1) The board shall issue a certificate and a pocket card to a person who meets the requirements of 37-54-302 and 37-54-303. (2) The certificate must include the dates of issuance and renewal of certification. (3) A certified real estate appraiser shall conspicuously display the …

(1) A certificate issued under 37-54-305 expires on the date set by department rule. (2) A certificate may be renewed upon payment of a renewal fee and by meeting all requirements for renewal. (3) An applicant for renewal shall state the class of certification previously held and…

(1) A licensed or certified real estate appraiser shall comply with generally accepted standards of professional appraisal practice, evidenced by the uniform standards of professional appraisal practice promulgated by the appraisal standards board of the appraisal foundation. A l…

(1) A client or employer may retain or employ a licensed or certified real estate appraiser to: (a) act as a disinterested third party in rendering an unbiased analysis, opinion, conclusion, or estimate of value; or (b) provide specialized appraisal services to facilitate the cli…

A person who performs independent appraisal services as a licensed or certified real estate appraiser in this state may not bring an action in any court in this state to collect compensation for the performance of those services unless the person alleges and proves that the perso…

(1) A resident licensed or certified real estate appraiser shall maintain a principal place of business in this state. If the appraiser changes the principal place of business, the appraiser shall promptly notify the board in writing of the change. Upon receipt of notice of the c…