Utah law requires that persons applying for a license as a real estate sales agent, associate broker, or principle broker must meet certain standards evidencing "honesty, integrity, truthfulness, and reputation." Criminal convictions can affect a person's ability to meet those standards and may result in a person being denied a license in Utah. Utah Administrative Code Section R162-2f-201 requires that the Division of Real Estate and Utah Real Estate Commission must deny a license as an agent, associate broker, or principle broker if a person has a conviction for a felony (resulting from a guilty verdict at trial or under a plea agreement) or a release date from jail or prison for a felony conviction within five years of the date of application. The license must also be denied for a conviction or a release date from jail for a misdemeanor involving "fraud, misrepresentation, theft, or dishonesty" within three years of the date of application. Show
The Utah Administrative Code also allows (but does not require) a license to be denied for other acts or incidents from the applicants past that "reflect negatively on the applicant's honesty, integrity, truthfulness, and reputation." The Division and Commission are allowed to consider other criminal charges less serious than those described above, civil judgments or lawsuits, evidence of non-compliance with court orders or conditions of sentencing, probation agreements, or pleas in abeyance. If you are a real estate professional in Utah and are facing criminal charges, it is important to have an experienced Utah criminal defense lawyer on your side. Based in Salt Lake City, Stephen Howard provides legal services to clients throughout Utah. Contact us today to schedule an initial consultation.
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Adopted in 1913, the Code of Ethics consists of 17 articles and standards of practice. The Code is updated each year to make sure it adequately represents current real estate conditions and consumer needs. The Utah Association of REALTORS® strictly enforces the Code of Ethics. REALTORS® are subject to disciplinary action and sanctions if they violate the duties in the Code of Ethics. Each REALTOR® is required to take training at least once every three years to keep up to date on their ethical obligations. To learn more about the professional duties required of each REALTOR®, visit NAR.Realtor for the most recent edition of the Code of Ethics and Standards of Practice. The basic principles of the Code of Ethics include the following: Duties to Clients and CustomersArticle 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Duties to the PublicArticle 10 Article 11 Article 12 Article 13 Article 14 Duties to REALTORS®Article 15 Article 16 Article 17 How to Submit a ComplaintIf you feel a REALTOR® has failed to meet the standards in the Code of Ethics, you may file a complaint using the process below. Step 1 – Talk to the real estate professional and their brokerMost complaints result from a misunderstanding or miscommunication. Before filing a complaint, talk to the real estate professional or their broker. You may be able to resolve the problem without additional action. Step 2 – Determine whether the complaint qualifiesBefore filing a complaint, make sure it meets the following criteria:
To learn more about the ethics complaint process, please read “Before You File a Complaint” from the National Association of REALTORS®. Step 3 – Consider using the ombudsman programBefore filing a complaint, consider using the ombudsman program to resolve the issue. This is an informal process where a volunteer experienced broker will communicate with the two parties to resolve the issue. There is no obligation to use the ombudsman program. If the process doesn’t work, you may still file an ethics complaint. Contact Lance Harrison at the Utah Association of REALTORS® at (801) 676-5200 if you are interested in using this program. Step 4 – File a complaintDownload and complete the ethics complaint form and mail your complaint to the Utah Association of REALTORS®, ATTN Lance Harrison, 230 W. Towne Ridge Parkway, Suite 500, Sandy, UT 84070. If the REALTOR® is a member of the Salt Lake Board of REALTORS®, please submit your complaint to the Salt Lake Board of REALTORS®. After you file a complaint, UAR staff will reach out to you regarding next steps. Step 5 – Wait for Grievance Committee reviewThe Grievance Committee will review your complaint and determine whether to forward it to a hearing panel or dismiss it. If the Grievance Committee dismisses your complaint, you have 20 days to file an appeal. Step 6 – Attend ethics hearingIf the Grievance Committee forwards your complaint, a professional standards panel will hold a hearing to determine if an ethics violation occurred. Plan on attending this hearing to provide testimony. You may also bring witnesses and legal counsel if you choose. Step 7 – Review panel findingsThe panel will create findings of fact based on their impartial review of the case. If the REALTOR® is found in violation of the Code of Ethics, the panel will determine appropriate sanctions and training. QuestionsDirect questions about the ethics complaint process to Lance Harrison at the Utah Association of REALTORS® by calling (801) 676-5200. |