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36-21A REAL ESTATE LICENSING
CHAPTER 36-21A

REAL ESTATE LICENSING

36-21A-1      Definition of terms.
36-21A-2      Advertisement and advertising defined.
36-21A-3      Appraisal defined.
36-21A-4      Repealed.
36-21A-5      "Association" defined.
36-21A-6      Real estate broker and broker defined.
36-21A-7      "Moral turpitude" defined.
36-21A-8      Repealed.
36-21A-9      Inactive license defined.
36-21A-10      "Property manager" defined.
36-21A-11      "Real estate" and "realty" defined.
36-21A-12      Real estate salesperson defined.
36-21A-12.1      "Residential rental agent" defined--Promulgation of rules for licensing requirements.
36-21A-12.2      Broker price opinion and comparative market analysis defined.
36-21A-13      Real estate commission created--Composition.
36-21A-14      Terms of commission members--Vacancies.
36-21A-15      Quorum of commission.
36-21A-16      Commission continued within Department of Labor and Regulation--Records and reports.
36-21A-17      Seal of commission.
36-21A-18      Executive director--Duties.
36-21A-19      Salary of executive director--Employment of other personnel--Expenditures.
36-21A-20      Office of executive director--Records and property maintained.
36-21A-21      Meetings of commission.
36-21A-22      Filing or notice to the commission--Date of filing or notice.
36-21A-23      Compensation and expenses of commission members.
36-21A-24      Real estate courses and institutes conducted by commission.
36-21A-25      Assistance provided to libraries, licensees, institutes and foundations.
36-21A-26      List of licensees and other information to be available.
36-21A-27      Licensees not qualified for exceptions.
36-21A-28      Active license required for certain acts.
36-21A-29      Persons and entities exempt from licensure.
36-21A-30      Reputation, age, competence, and citizenship required for license--Prior rejection or revocation of license.
36-21A-30.1      Education requirement for broker associate license applicants.
36-21A-30.2      Education requirements for initial licensure as broker associate.
36-21A-31      Experience and education required of applicant for responsible broker's license.
36-21A-32      Waiver of experience requirement on responsible broker applicant's refusal to associate--Relocation or acceptance of unfair contract not required.
36-21A-33      Denial of application.
36-21A-34      Repealed.
36-21A-34.1      Requirements for upgrade to broker associate license.
36-21A-34.2      Repealed.
36-21A-35      Application for license--Contents--Oath or affirmation.
36-21A-36      Written examination--Time and place--Contents.


36-21A-36.1      Application for license--Time limit.
36-21A-37      License required for real estate firm.
36-21A-38      Responsible broker to represent corporation, limited liability company, partnership or association and sign application--Termination of affiliation--Fee.
36-21A-39      Dissolution of corporation, partnership, limited liability company, or association--Return of license.
36-21A-40      Repealed.
36-21A-41      Qualification by examination required.
36-21A-42      Repealed.
36-21A-43      Examination reciprocity with other states.
36-21A-44      Issuance of license to successful applicant--Association with broker--Authority to conduct business.
36-21A-45      Repealed.
36-21A-46      Repealed.
36-21A-46.1      Responsible broker, salesperson, or broker associate permitted to form certain business entities--Conditions.
36-21A-47      Restricted broker's license--Termination and prosecution if licensee exceeds authority.
36-21A-48      Exemption from property manager's license for operators of state and federal housing units.
36-21A-49      Application fee for individual licensure.
36-21A-50      Conditions for issuing of license or reinstatement after revocation or suspension.
36-21A-51      Repealed.
36-21A-52      Registration of place of business--Change of location.
36-21A-53      Branch office name.
36-21A-54      Reciprocal privileges extended to nonresident licensees--Licensees from states not granting full reciprocity.
36-21A-55      Transaction of business subjects nonresidents to personal jurisdiction--Service of process--Delivery of copy of process or pleading to executive director.
36-21A-56      Written notice of change of association--Statement of registration--Salesman placed on inactive status.
36-21A-57      Repealed.
36-21A-58      Renewal of license by salesperson or broker associate not associated with responsible broker--Restrictions on inactive salesperson or broker associate.
36-21A-59      Repealed.
36-21A-60      Additional fees.
36-21A-61      Biennial registration--Cancellation upon failure to register.
36-21A-62      Biennial proof by licensees of continuing education--Persons exempt.
36-21A-63      Approved courses for continuing education--List maintained--Standards.
36-21A-64      License inactive until proof of continuing education provided.
36-21A-65      Exceptions to continuing education requirements.
36-21A-66      Late renewal application--Fee.
36-21A-67      Licensees entering United States armed forces--Application for reinstatement--Timing and requirements--Waiver of continuing education.
36-21A-68      Grounds for revocation of license--Criminal prosecution--Setting minimum fees not impaired--Suspension, reprimand, and monetary penalties.
36-21A-69      Repealed.
36-21A-69.1      Responsible broker to surrender associate licenses.
36-21A-70      Revocation or suspension of firm license following discipline of responsible broker.
36-21A-71      Acts constituting unprofessional conduct.
36-21A-72      Restrictions on licensee advertising.
36-21A-73      Repealed.
36-21A-74      Preservation of records.
36-21A-75      Closing statements to be furnished by brokers.
36-21A-76      Cobrokerage transaction--Money held in broker's trust account.
36-21A-77      Purchaser deposits in unconsummated transactions.
36-21A-78      Substantiation of information in listing agreement--Latent defects.
36-21A-79      Broker's responsibility for activities of affiliated licensees.
36-21A-80      Handling of money received by broker for principal.
36-21A-81      Disbursement pursuant to written agreement of trust funds where purchase agreement does not close.
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.
36-21A-83      Records kept by broker remitting immediately to principal.
36-21A-84      Completed transaction required for compensation of broker--Promulgation of rules for exceptions.
36-21A-85      Repealed.
36-21A-86      Procedure on revocation of license--Appeal.
36-21A-87      Violation of chapter as misdemeanor.
36-21A-88      Action for compensation of unlicensed persons prohibited.
36-21A-89      Promulgation of rules for administration and enforcement of this chapter.
36-21A-89.1      Repealed.
36-21A-90      Promulgation of rules establishing uniform standards of professional appraisal practice.
36-21A-91      Actions for injunction--Attorney fees and costs.
36-21A-92      Repealed.
36-21A-93      Application for subdivision certificate--Fee--Contents--Additional information.
36-21A-94      Proof by subdivider of ability to provide promised public improvements--Security.
36-21A-95      Investigation of application and inspection of out-of-state real estate--Expenses borne by applicant.
36-21A-96      Designation of executive director of commission as agent for service of process.
36-21A-97      Issuance of certificate--Annual fee--Cancellation or renewal of certificate--Investigation.
36-21A-98      Recording of instrument conveying interest in subdivision.
36-21A-99      Cease and desist orders to prevent subdivision sales provisions violations.
36-21A-100      Contracts violating subdivision sale provisions void and unenforceable--Recovery of money paid plus interest.
36-21A-101      Establishment of real estate recovery fund--Purpose.
36-21A-102      Minimum balance in recovery fund--Separate fee payable to restore minimum balance.
36-21A-103      Notice to commission of claims against recovery fund--Intervention by commission.
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.
36-21A-105      Facts to be shown at hearing by applicant for payment from recovery fund.
36-21A-106      False statement in proceedings against recovery fund as perjury.
36-21A-107      Burden of proof as to fraud or conversion--Presumption when original action was contested by debtor.
36-21A-108      Defense by commission of action against recovery fund--Motion for dismissal--Compromise.
36-21A-109      Defense by judgment debtor in action against recovery fund.
36-21A-110      Payment from recovery fund ordered only on valid cause of action--Prior judgment only prima facie evidence.
36-21A-111      Order for payment from recovery fund.
36-21A-112      Maximum liability of fund for acts of one licensee.
36-21A-113      Deferred payment of authorized claim--Interest.
36-21A-114      Suspension of license when payment from fund authorized--Repayment to fund required for reinstatement.
36-21A-115      Subrogation of fund to rights under judgment paid--Assignment.
36-21A-116      Other disciplinary powers unimpaired--Effect of repayment to fund.
36-21A-117, 36-21A-118. Transferred.
36-21A-119      Errors and omissions insurance required of salesmen and brokers.
36-21A-120      Group insurance coverage authorized--Independent errors and omissions coverage.
36-21A-121      Commission to determine conditions of errors and omissions coverage.
36-21A-122      Notice of terms and conditions of errors and omissions--Certificate of coverage.
36-21A-123      Repealed.
36-21A-124      Employment status--Independent contractor.
36-21A-125      "Adverse material fact" defined.
36-21A-126      "Brokerage" defined.
36-21A-127      "Confidential information" defined.
36-21A-128      Informative acts that do not constitute representation.
36-21A-129      "Substantive contact" defined.
36-21A-130      Agency agreements--Requirements.
36-21A-131      Licensee--Limited relationships.
36-21A-132      Duties and obligations of licensee representing seller or landlord.
36-21A-133      Disclosure of client information by seller's or landlord's agent.
36-21A-134      Seller's agent has no fiduciary duty to customer.
36-21A-134.1      No duty to disclose sex offender information.
36-21A-135      Seller's agent may show other properties.
36-21A-136      Duties and obligations of licensee representing buyer or tenant.
36-21A-137      Buyer's or tenant's agent not to disclose certain information without written authority--Exceptions.
36-21A-138      Buyer's agent has no fiduciary duty to customer.
36-21A-138.1      No duty to volunteer sex offender information--Actual knowledge must be disclosed upon inquiry.
36-21A-139      Buyer's agent may show property to competing clients.
36-21A-140      Licensee as limited agent--Written consent of all parties required--Duties and obligations.
36-21A-141      Certain information not to be disclosed by limited agent without written consent.
36-21A-141.1      Appointment of licensee to act as appointed agent of client to exclusion of other licensees--Limited agent--Information--Rules.
36-21A-142      Limited agent not to disclose certain information about one client to another without written authority--Exceptions.
36-21A-143      "Subagency" defined.
36-21A-144      Transaction broker--Duties and obligations.
36-21A-145      Transaction broker not responsible for--Independent inspections--Statements by seller--Finances.
36-21A-146      Certain information not to be disclosed by transaction broker without written consent.
36-21A-147      Office policies--Relationships--Written disclosure.
36-21A-148      Client, licensee not liable for misrepresentation made by the other--Exception.
36-21A-149      Duties under common law.
36-21A-150      Duties of broker or licensee after transaction finished.
36-21A-151      Applicants for licensure and registration and licensees under disciplinary investigation to submit to criminal background check.


Title 36
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