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Section 401 – Grounds for disciplinary action.

Effective 5/4/2022 61-2f-401. Grounds for disciplinary action. The following acts are unlawful and grounds for disciplinary action for a person licensed or required to be licensed under this chapter: (1) (a) making a substantial misrepresentation, including in a licensure statement; (b) making an intentional misrepresentation; (c) pursuing a continued and flagrant course of misrepresentation; (d) […]

Section 402 – Investigations — Disciplinary actions.

Effective 5/4/2022 61-2f-402. Investigations — Disciplinary actions. (1) The division may conduct a public or private investigation within or outside of this state as the division considers necessary to determine whether a person has violated, is violating, or is about to violate this chapter or any rule or order under this chapter. (2) To aid […]

Section 403 – Mishandling of trust money.

Effective 5/9/2017 61-2f-403. Mishandling of trust money. (1) The division may audit principal brokers’ trust accounts or other accounts in which a licensee maintains trust money under this chapter. If the division’s audit shows, in the opinion of the division, gross mismanagement, commingling, or misuse of money, the division, with the concurrence of the commission, […]

Section 404 – Disciplinary action — Judicial review.

Effective 5/10/2016 61-2f-404. Disciplinary action — Judicial review. (1) (a) On the basis of a violation of this chapter, the commission with the concurrence of the director, may issue an order: (i) imposing an educational requirement; (ii) imposing a civil penalty not to exceed the greater of: (A) $5,000 for each violation; or (B) the […]

Section 405 – Criminal penalties for violation of chapter — Other penalties.

61-2f-405. Criminal penalties for violation of chapter — Other penalties. (1) (a) An individual required to be licensed under this chapter who violates this chapter, in addition to being subject to a license sanction or a fine ordered by the commission, is, upon conviction of a first violation, guilty of a class A misdemeanor. (b) […]

Section 406 – Grounds for revocation of principal broker’s license.

Effective 5/13/2014 61-2f-406. Grounds for revocation of principal broker’s license. (1) An unlawful act or violation of this chapter committed by a person listed in Subsection (2) is cause for: (a) the revocation, suspension, or probation of a principal broker’s license; or (b) the imposition of a fine against the principal broker in an amount […]

Section 407 – Remedies and action for violations.

Effective 5/8/2018 61-2f-407. Remedies and action for violations. (1) (a) The director shall issue and serve upon a person an order directing that person to cease and desist from an act if: (i) the director has reason to believe that the person has been engaging, is about to engage, or is engaging in the act […]

Section 408 – Court-ordered discipline.

61-2f-408. Court-ordered discipline. The division shall promptly withhold, suspend, restrict, or reinstate the use of a license issued under this chapter if so ordered by a court. Renumbered and Amended by Chapter 379, 2010 General Session

Section 409 – Actions for recovery of compensation restricted.

61-2f-409. Actions for recovery of compensation restricted. (1) (a) A person may not bring or maintain an action in any court of this state for the recovery of a commission, fee, or compensation, for any act done or service rendered if the act or service is prohibited under this chapter. (b) Except as provided in […]

Section 410 – Effect of expiration, revocation, or suspension — Notice required.

Effective 5/13/2014 61-2f-410. Effect of expiration, revocation, or suspension — Notice required. (1) (a) The revocation or suspension of a principal broker license automatically inactivates an associate broker license or a sales agent license that was issued based upon the licensee’s affiliation with the principal broker whose license is revoked or suspended, pending a change […]