Utah Real Estate Licensing Law

Utah Code · 3 sections

The following is the full text of Utah’s real estate licensing law statutes as published in the Utah Code. For the official version, see the Utah Legislature.

Utah Code 58-56-16

(1) Each person engaged in the sale of factory built housing in the state, except as provided in Subsection (4), shall register with the division as a dealer. (2) Each applicant for registration under this section shall: (a) submit an application in a form prescribed by the division; (b) pay a fee determined by the department under Section 63J-1-504; and (c) provide the division with a registration bond in accordance with rules established by the division. (3) (a) The division shall issue each registration under this section in accordance with a two-year renewal cycle established by rule. (b) The division may by rule extend or shorten a renewal cycle by as much as one year to stagger the renewal cycles it administers. (c) Each registration under this section automatically expires on the expiration date on the certificate of registration unless the registrant renews it in accordance with Section 58-1-308. (4) Subsection (1) does not apply to: (a) a person not regularly engaged in the sale of factory built housing who is selling a unit the person owns for the person's own account; (b) a principal broker licensed under Title 61, Chapter 2f, Real Estate Licensing and Practices Act; or (c) a sales agent or associate broker licensed under Title 61, Chapter 2f, Real Estate Licensing and Practices Act, who sells factory built housing as an agent for, and under the supervision of, the principal broker with whom the sales agent or associate broker is affiliated. (5) Grounds for refusing to issue a registration, for refusing to renew a registration, for revoking, suspending, restricting, or placing on probation a registration, for issuing a public or private reprimand to a registrant, and for issuing a cease and desist order shall be in accordance with Section 58-1-401.

Utah Code 58-56-17

(1) A dealer shall collect and remit a fee of $25 to the division for each factory built home the dealer sells that, as of the date of the sale, has not been permanently affixed to real property and converted to real property as provided in Section 70D-2-401. The fee shall be payable within 30 days following the close of each calendar quarter for all units sold during that calendar quarter. The fee shall be deposited in a restricted account as provided in Section 58-56-17.5. (2) A principal real estate broker, associate broker, or sales agent exempt from registration as a dealer under Section 58-56-16 who sells a factory built home that has not been permanently affixed to real property shall close the sale only through a qualified escrow agent in this state registered with the Insurance Department or the Department of Financial Institutions. (3) An escrow agent through which a sale is closed under Subsection (2) shall remit all required sales tax to the state.

Utah Code § 61-2f-301

61-2f-301.  Reporting requirements.

(1) A licensee shall notify the division of the following by sending the division a signed statement within 10 business days after the day on which: (a) a personal or brokerage bankruptcy is filed, if the licensee is a principal broker; (b) a license or registration of the licensee that is necessary to engage in an occupation or profession is suspended, revoked, surrendered, canceled, or denied, regardless of whether the license or registration is issued by this state or another jurisdiction; or (c) a cease and desist order or a temporary or permanent injunction is issued: (i) against the licensee by a court or administrative agency; and (ii) on the basis of: (A) conduct or a practice involving the business of real estate; or (B) conduct involving fraud, misrepresentation, or deceit. (2) The commission, with the concurrence of the director, shall enforce the reporting requirement under this section pursuant to Section 61-2f-404.

Amended by Chapter 227, 2024 General Session

<< Previous Section (61-2f-208) Download Options  PDF  | RTF  | XML Next Section (61-2f-302) >> STATE SENATE 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://senate.utah.gov Contact a Senator HOUSE OF REPRESENTATIVES 350 North State, Suite 350 PO Box 145030 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://house.utleg.gov Contact a Representative STAFF OFFICES Legislative Auditor General Legislative Fiscal Analyst Legislative Research and General Counsel Legislative Services Staff Awards Public Information Records Requests Procurement Contact the Webmaster Job Opportunities Site Map Terms of Use ADA Utah.gov

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)