Utah Admin. Code 162-2f-200

Current through Bulletin 2024-08, April 15, 2024
Section R162-2f-200 - Owner
(1) For purposes of Subsection 61-2f-202(1):
(a) "owner" means a person who has:
(i) a sole ownership interest in real estate, or
(ii) an ownership interest in real estate as a joint tenant or a tenant in common;
(b) "owner or lessor" does not include:
(i) a person who holds an option to purchase real property;
(ii) a mortgagee;
(iii) a beneficiary under a deed of trust;
(iv) a trustee under a deed of trust; or
(v) a person who owns or holds a claim that encumbers any real property or an improvement to the real property.
(2) For purposes of Subsection 61-2f-202(1)(a)(i):
(a) any person performing an act described in Subsection 61-2f-102(20) on behalf of an entity must be:
(i) if the entity is a corporation, an officer or director of the corporation;
(ii) if the entity is a limited liability company,
(A) a member of a member-managed limited liability company, or
(B) a manager of a manager-managed limited liability company;
(iii) if the entity is a partnership, a partner of the partnership;
(iv) if the entity is a limited partnership, a general partner of the limited partnership;
(v) if the entity is a trust, a trustee of the trust;
(vi) if the entity is an estate of a deceased individual, a court-appointed personal representative of the estate; or
(vii) if the entity is the estate of an individual subject to a conservatorship, a court-appointed conservator of the estate.
(b) A person who is an entity or organization not described in Subsections 2(a)(1)(c)(i) through (vii) above is not exempt from licensure under Subsection 61-2f-202(1)(a)(i).

Utah Admin. Code R162-2f-200

Adopted by Utah State Bulletin Number 2018-18, effective 8/21/2018
Amended by Utah State Bulletin Number 2022-11, effective 5/25/2022