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2023 Utah Code
Title 57 - Real Estate
Chapter 11 - Utah Uniform Land Sales Practices Act
Section 14 - Revocation, suspension, or denial of registration -- Grounds -- Suspension or revocation of license.
Universal Citation: UT Code § 57-11-14 (2023)
57-11-14. Revocation, suspension, or denial of registration -- Grounds -- Suspension or revocation of license.
Amended by Chapter 379, 2010 General Session
- (1)
- (a) If the division makes a written finding of fact that a subdivider engages in one or more acts described in Subsection (1)(b), the division may:
- (i) deny an application for registration;
- (ii) revoke, suspend, or deny reissuance of a registration; or
- (iii) impose a civil penalty not to exceed the greater of:
- (A) $2,500 for each violation; or
- (B) the amount of any gain or economic benefit derived from each violation.
- (b) Subsection (1)(a) applies if the division makes a written finding of fact that a subdivider:
- (i) fails to comply with the terms of a cease and desist order;
- (ii) is convicted in a court prior or subsequent to the filing of the application for registration of a crime involving:
- (A) fraud;
- (B) deception;
- (C) false pretenses;
- (D) misrepresentation;
- (E) false advertising; or
- (F) dishonest dealing in real estate transactions;
- (iii) is subject to an injunction or administrative order restraining a false or misleading promotional plan involving land dispositions;
- (iv) disposes of, conceals, or diverts funds or assets of any person so as to defeat the rights of subdivision purchasers;
- (v) fails to perform faithfully a stipulation or agreement made with the division as an inducement to:
- (A) grant a registration;
- (B) reinstate a registration;
- (C) revoke a cease and desist order; or
- (D) approve any promotional plan or public offering statement;
- (vi) makes an intentional misrepresentation, or conceals a material fact, in an application for registration;
- (vii) violates this chapter or the rules adopted under this chapter;
- (viii) directly or through an agent or employee knowingly engages in false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of an interest in subdivided lands;
- (ix) engages in the offering of subdivided lands that has constituted or that may constitute a fraud upon purchasers or prospective purchasers of the subdivided lands; or
- (x) engages in a dishonest practice in any industry involving sales to consumers.
- (c) The division shall accompany with a finding of fact required by this Subsection (1) a concise and explicit statement of the underlying facts supporting the finding.
- (a) If the division makes a written finding of fact that a subdivider engages in one or more acts described in Subsection (1)(b), the division may:
- (2) As an alternative to revoking the registration of a subdivider, the director may issue a cease and desist order if after notice and a hearing the director finds that the subdivider is guilty of a violation for which revocation may be ordered.
- (3)
- (a) The division shall suspend or revoke the license of a principal broker, associate broker, or sales agent who violates this chapter for the period of time the director determines to be justified under the circumstances.
- (b) A suspension or revocation under this section is in addition to any other penalty that may be imposed under this chapter, subject to Section 61-2f-404.
Amended by Chapter 379, 2010 General Session
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