Chapter 21A - REAL ESTATE LICENSING
- Section 36-21A-1 - Definitions
- Section 36-21A-2 - Advertisement and advertising defined
- Section 36-21A-3 - Appraisal or evaluation defined
- Section 36-21A-4 - [Repealed]
- Section 36-21A-5 - Association defined
- Section 36-21A-6 - Real estate broker and broker defined
- Section 36-21A-7 - Moral turpitude defined
- Section 36-21A-8 - [Repealed]
- Section 36-21A-9 - Inactive license defined
- Section 36-21A-10 - Property manager defined
- Section 36-21A-11 - Real estate and realty defined
- Section 36-21A-12 - Real estate salesperson defined
- Section 36-21A-12.1 - Residential rental agent defined-Promulgation of rules for licensing requirements
- Section 36-21A-12.2 - Broker price opinion and comparative market analysis defined
- Section 36-21A-13 - Real estate commission created-Composition
- Section 36-21A-14 - Terms of commission members-Vacancies
- Section 36-21A-15 - Quorum of commission
- Section 36-21A-16 - Commission continued within Department of Labor and Regulation-Records and reports
- Section 36-21A-17 - Seal of commission
- Section 36-21A-18 - Executive director-Duties
- Section 36-21A-19 - Employment of personnel
- Section 36-21A-20 - Office of executive director-Records and property maintained
- Section 36-21A-21 - Meetings of commission
- Section 36-21A-22 - Filing or notice to the commission-Date of filing or notice
- Section 36-21A-23 - Compensation and expenses of commission members
- Section 36-21A-24 - Real estate courses and institutes conducted by commission
- Section 36-21A-25 - Assistance provided to libraries, licensees, institutes and foundations
- Section 36-21A-26 - List of licensees and other information to be available
- Section 36-21A-27 - Licensees not qualified for exceptions
- Section 36-21A-28 - Active license required for certain acts
- Section 36-21A-29 - Persons and entities exempt from licensure
- Section 36-21A-30 - Reputation, age, competence, and citizenship required for license-Prior rejection or revocation of license
- Section 36-21A-30.1 - Education requirement for broker associate license applicants
- Section 36-21A-30.2 - Education requirements for initial licensure as broker associate
- Section 36-21A-31 - Responsible broker's license-Experience and education required
- Section 36-21A-32 - Waiver of experience requirement on responsible broker applicant's refusal to associate-Relocation or acceptance of unfair contract not required
- Section 36-21A-33 - Denial of application-Reasons
- Section 36-21A-34 - [Repealed]
- Section 36-21A-34.1 - Requirements for upgrade to broker associate license
- Section 36-21A-34.2 - [Repealed]
- Section 36-21A-35 - Application for license-Contents-Oath or affirmation
- Section 36-21A-36 - Written examination-Time and place-Contents
- Section 36-21A-36.1 - Application for license-Time limit
- Section 36-21A-37 - License required for real estate firm
- Section 36-21A-38 - Responsible broker to represent corporation, limited liability company, partnership or association and sign application-Termination of affiliation-Fee
- Section 36-21A-39 - Dissolution of corporation, partnership, limited liability company, or association-Notification
- Section 36-21A-40 - [Repealed]
- Section 36-21A-41 - Qualification by examination required
- Section 36-21A-42 - [Repealed]
- Section 36-21A-43 - Examination reciprocity with other states
- Section 36-21A-44 - Issuance of license to successful applicant-Association with broker-Authority to conduct business
- Section 36-21A-45 - [Repealed]
- Section 36-21A-46 - [Repealed]
- Section 36-21A-46.1 - Responsible broker, salesperson, or broker associate permitted to form certain business entities-Conditions
- Section 36-21A-47 - Restricted broker's license-Issuance-Termination and prosecution-Promulgation of rules
- Section 36-21A-48 - Exemption from property manager's license for operators of state and federal housing units
- Section 36-21A-49 - Application fee for individual licensure
- Section 36-21A-50 - Conditions for issuing of license or reinstatement after revocation or suspension
- Section 36-21A-51 - [Repealed]
- Section 36-21A-52 - Registration of place of business-Change of location
- Section 36-21A-53 - Branch office name
- Section 36-21A-54 - Reciprocal privileges extended to nonresident licensees-Licensees from states not granting full reciprocity
- Section 36-21A-55 - Transaction of business subjects nonresidents to personal jurisdiction-Service of process-Delivery of copy of process or pleading to executive director
- Section 36-21A-56 - Written notice of change of association-Statement of registration-Salesman placed on inactive status
- Section 36-21A-57 - [Repealed]
- Section 36-21A-58 - Renewal of license by salesperson or broker associate not associated with responsible broker-Restrictions on inactive salesperson or broker associate
- Section 36-21A-59 - [Repealed]
- Section 36-21A-60 - Additional fees
- Section 36-21A-61 - Biennial registration-Cancellation upon failure to register
- Section 36-21A-62 - Biennial proof by licensees of continuing education-Persons exempt
- Section 36-21A-63 - Approved courses for continuing education-List maintained-Standards
- Section 36-21A-64 - License inactive until proof of continuing education provided
- Section 36-21A-65 - Exceptions to continuing education requirements
- Section 36-21A-66 - Late renewal application-Fee
- Section 36-21A-67 - Licensees entering United States armed forces-Application for reinstatement-Timing and requirements-Waiver of continuing education
- Section 36-21A-68 - Grounds for revocation of license-Criminal prosecution-Setting minimum fees not impaired-Suspension, reprimand, and monetary penalties
- Section 36-21A-69 - [Repealed]
- Section 36-21A-69.1 - Responsible broker to surrender associate licenses
- Section 36-21A-70 - Revocation or suspension of firm license following discipline of responsible broker
- Section 36-21A-71 - Acts constituting unprofessional conduct
- Section 36-21A-72 - Restrictions on licensee advertising
- Section 36-21A-73 - [Repealed]
- Section 36-21A-74 - Preservation of records
- Section 36-21A-75 - Closing statements to be furnished by brokers
- Section 36-21A-76 - Co-brokerage transaction-Money held in broker's trust account
- Section 36-21A-77 - Purchaser deposits in unconsummated transactions
- Section 36-21A-78 - Substantiation of information in listing agreement-Latent defects
- Section 36-21A-79 - Broker's responsibility for activities of affiliated licensees
- Section 36-21A-80 - Handling of money received by broker for principal
- Section 36-21A-81 - Disbursement pursuant to written agreement of trust funds where purchase agreement does not close
- Section 36-21A-82 - Deposit slip and ledger sheet for special trust account-Records maintained-Notice to commission as to financial institution and name of account
- Section 36-21A-83 - Records kept by broker remitting immediately to principal
- Section 36-21A-84 - Completed transaction required for compensation of broker-Promulgation of rules for exceptions
- Section 36-21A-85 - [Repealed]
- Section 36-21A-86 - Procedure on revocation of license-Appeal
- Section 36-21A-87 - Violation of chapter as misdemeanor
- Section 36-21A-88 - Action for compensation of unlicensed persons prohibited
- Section 36-21A-89 - Administration and enforcement of chapter-Promulgation of rules
- Section 36-21A-89.1 - [Repealed]
- Section 36-21A-90 - Promulgation of rules establishing uniform standards of professional appraisal practice
- Section 36-21A-91 - Actions for injunction-Attorney fees and costs
- Section 36-21A-92 - [Repealed]
- Section 36-21A-93 - Application for subdivision certificate-Fee-Contents-Additional information
- Section 36-21A-94 - Proof by subdivider of ability to provide promised public improvements-Security
- Section 36-21A-95 - Investigation of application and inspection of out-of-state real estate-Expenses borne by applicant
- Section 36-21A-96 - Designation of executive director of commission as agent for service of process
- Section 36-21A-97 - Issuance of certificate-Annual fee-Cancellation or renewal of certificate-Investigation
- Section 36-21A-98 - Recording of instrument conveying interest in subdivision
- Section 36-21A-99 - Cease and desist orders to prevent subdivision sales provisions violations
- Section 36-21A-100 - Contracts violating subdivision sale provisions void and unenforceable-Recovery of money paid plus interest
- Section 36-21A-101 - Establishment of real estate recovery fund-Purpose
- Section 36-21A-102 - Minimum balance in recovery fund-Separate fee payable to restore minimum balance
- Section 36-21A-103 - Notice to commission of claims against recovery fund-Intervention by commission
- Section 36-21A-104 - Application by unsatisfied judgment creditor for payment of loss from recovery fund-Maximum payment-Service on commission and judgment debtor-Hearing on application for payment-Continuances
- Section 36-21A-105 - Facts to be shown at hearing by applicant for payment from recovery fund
- Section 36-21A-106 - False statement in proceedings against recovery fund as perjury
- Section 36-21A-107 - Burden of proof as to fraud or conversion-Presumption when original action was contested by debtor
- Section 36-21A-108 - Defense by commission of action against recovery fund-Motion for dismissal-Compromise
- Section 36-21A-109 - Defense by judgment debtor in action against recovery fund
- Section 36-21A-110 - Payment from recovery fund ordered only on valid cause of action-Prior judgment only prima facie evidence
- Section 36-21A-111 - Order for payment from recovery fund
- Section 36-21A-112 - Maximum liability of fund for acts of one licensee
- Section 36-21A-113 - Deferred payment of authorized claim-Interest
- Section 36-21A-114 - Suspension of license when payment from fund authorized-Repayment to fund required for reinstatement
- Section 36-21A-115 - Subrogation of fund to rights under judgment paid-Assignment
- Section 36-21A-116 - Other disciplinary powers unimpaired-Effect of repayment to fund
- Section 36-21A-117, 36-21A-118 - Transferred
- Section 36-21A-119 - Errors and omissions insurance required of salesmen and brokers
- Section 36-21A-120 - Group insurance coverage authorized-Independent errors and omissions coverage
- Section 36-21A-121 - Commission to determine conditions of errors and omissions coverage
- Section 36-21A-122 - Notice of terms and conditions of errors and omissions-Certificate of coverage
- Section 36-21A-123 - [Repealed]
- Section 36-21A-124 - Employment status-Independent contractor
- Section 36-21A-125 - Adverse material fact defined
- Section 36-21A-126 - Brokerage defined
- Section 36-21A-127 - Confidential information defined
- Section 36-21A-128 - Informative acts that do not constitute representation
- Section 36-21A-129 - Substantive contact defined
- Section 36-21A-130 - Agency agreements-Requirements
- Section 36-21A-131 - Licensee-Limited relationships
- Section 36-21A-132 - Duties and obligations of licensee representing seller or landlord
- Section 36-21A-133 - Disclosure of client information by seller's or landlord's agent
- Section 36-21A-134 - Seller's agent has no fiduciary duty to customer
- Section 36-21A-134.1 - No duty to disclose sex offender information
- Section 36-21A-135 - Seller's agent may show other properties
- Section 36-21A-136 - Duties and obligations of licensee representing buyer or tenant
- Section 36-21A-137 - Buyer's or tenant's agent not to disclose certain information without written authority-Exceptions
- Section 36-21A-138 - Buyer's agent has no fiduciary duty to customer
- Section 36-21A-138.1 - No duty to volunteer sex offender information-Actual knowledge must be disclosed upon inquiry
- Section 36-21A-139 - Buyer's agent may show property to competing clients
- Section 36-21A-140 - Licensee as limited agent-Written consent of all parties required-Duties and obligations
- Section 36-21A-141 - Certain information not to be disclosed by limited agent without written consent
- Section 36-21A-141.1 - Appointment of licensee to act as appointed agent of client to exclusion of other licensees-Limited agent-Information-Rules
- Section 36-21A-142 - Limited agent not to disclose certain information about one client to another without written authority-Exceptions
- Section 36-21A-143 - Subagency defined
- Section 36-21A-144 - Transaction broker-Duties and obligations
- Section 36-21A-145 - Transaction broker not responsible for-Independent inspections-Statements by seller-Finances
- Section 36-21A-146 - Certain information not to be disclosed by transaction broker without written consent
- Section 36-21A-147 - Office policies-Relationships-Written disclosure
- Section 36-21A-148 - Client, licensee not liable for misrepresentation made by the other-Exception
- Section 36-21A-149 - Duties under common law
- Section 36-21A-150 - Duties of broker or licensee after transaction finished
- Section 36-21A-151 - Applicants and licensees under disciplinary investigation-Criminal background check