2006 Utah Code - 61-2-10 — Restriction on commissions -- Affiliation with more than one broker -- Specialized licenses -- Designation of agents or brokers.

     61-2-10.   Restriction on commissions -- Affiliation with more than one broker -- Specialized licenses -- Designation of agents or brokers.
     (1) It is unlawful for any associate broker or sales agent to accept valuable consideration for the performance of any of the acts specified in this chapter from any person except the principal broker with whom he is affiliated and licensed.
     (2) An inactive associate broker or sales agent is not authorized to conduct real estate transactions until the inactive associate broker or sales agent becomes affiliated with a licensed principal broker and submits the required documentation to the division. An inactive principal broker is not authorized to conduct real estate transactions until the principal broker's license is activated with the division.
     (3) No sales agent or associate broker may affiliate with more than one principal broker at the same time.
     (4) (a) Except as provided by rule, a principal broker may not be responsible for more than one real estate brokerage at the same time.
     (b) In addition to issuing principal broker, associate broker, and sales agent licenses authorizing the performance of all of the acts set forth in Subsection 61-2-2(12), the division may issue specialized sales licenses and specialized property management licenses with the scope of practice limited to the specialty. An individual may hold a specialized license in addition to a license to act as a principal broker, an associate broker, or a sales agent. The commission may adopt rules pursuant to Title 63, Chapter 46a, Utah Administrative Procedures Act, for the administration of this provision, including prelicensing and postlicensing education requirements, examination requirements, affiliation with real estate brokerages or property management companies, and other licensing procedures.
     (c) An individual may not be a principal broker of a brokerage and a sales agent or associate broker for a different brokerage at the same time.
     (5) Any owner, purchaser, lessor, or lessee who engages the services of a principal broker may designate which sales agents or associate brokers affiliated with that principal broker will also represent that owner, purchaser, lessor, or lessee in the purchase, sale, lease, or exchange of real estate, or in exercising an option relating to real estate.

Amended by Chapter 102, 1996 General Session