Arizona Laws 32-2165. Unlicensed activities; violation; classification
A. A person who acts as a broker or salesperson within the meaning of this chapter, or who advertises in a manner that indicates that the person is licensed as a broker or salesperson, without being licensed as prescribed by this chapter is guilty of a class 6 felony.
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 5 felony | up to 2 years | up to $150,000 |
| Class 6 felony | up to 1 1/2 years | up to $150,000 |
Terms Used In Arizona Laws 32-2165
- Broker: when used without modification, means a person who is licensed as a broker under this chapter or who is required to be licensed as a broker under this chapter. See Arizona Laws 32-2101
- Department: means the state real estate department. See Arizona Laws 32-2101
- License: means the whole or part of any agency permit, certificate, approval, registration, public report, charter or similar form of permission required by this chapter. See Arizona Laws 32-2101
- Licensee: means a person to whom a license for the current license period has been granted under any provision of this chapter, and, for the purposes of section 32-2153, subsection A, includes original license applicants. See Arizona Laws 32-2101
- Person: means any individual, corporation, partnership or company and any other form of multiple organization for carrying on business, foreign or domestic. See Arizona Laws 32-2101
- Salesperson: when used without modification, means a natural person who acts on the person's own behalf or through and on behalf of a professional limited liability company or a professional corporation licensed under this chapter or any person required to be licensed as a salesperson under this chapter. See Arizona Laws 32-2101
B. A person who performs acts that require a license under this chapter, other than a broker’s or salesperson’s license, without being licensed as prescribed by this chapter is guilty of a class 5 felony.
C. The penalties prescribed by this section do not apply to:
1. A broker or salesperson within a year of the expiration of the broker’s or salesperson’s license, if the failure to timely renew the license was due to unintentional neglect by the licensee or administrative untimeliness by the department.
2. The activities of a licensee, while acting in a capacity for which the person’s license was issued, that otherwise violate any provision of this chapter.
3. Any person who, on discovering that a license is required to carry on the person’s present or planned activities, and before the issuance of a cease and desist order pursuant to section 32-2154, notifies the department of the person’s intent to immediately comply with this chapter, applies for the required license and ceases the prohibited activities pending issuance of a license. Nothing in this paragraph shall be construed to lessen or reduce the qualifications otherwise required of license applicants under this chapter or to diminish the authority of the department to deny a license to a person who does not meet all of the requirements for licensure.