Utah Code 61-2f-105. Fees

(1)

In addition to when expressly authorized in another provision of this chapter, the division may charge and collect reasonable fees determined by the commission with the concurrence of the division under Section 63J-1-504 to cover the costs for:

Terms Used In Utah Code 61-2f-105

Branch office: means a principal broker's real estate brokerage office that is not the principal broker's main office. See Utah Code 61-2f-102
Commission: means the Real Estate Commission established under this chapter. See Utah Code 61-2f-102
Concurrence: means the entities given a concurring role must jointly agree for action to be taken. See Utah Code 61-2f-102
Division: means the Division of Real Estate. See Utah Code 61-2f-102
Entity: means :

(a)	a corporation;

(b)	a partnership;

(c)	a limited liability company;

(d)	a company;

(e)	an association;

(f)	a joint venture;

(g)	a business trust;

(h)	a trust; or

(i)

any organization similar to an entity described in Subsections (14)(a) through (h). See Utah Code 61-2f-102

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Person: means an individual or entity. See Utah Code 61-2f-102

Principal broker: means an individual who is licensed or required to be licensed as a principal broker under this chapter who:

(a)	sells or lists for sale real estate, including real estate being sold as part of a foreclosure rescue, or a business opportunity with the expectation of receiving valuable consideration;

(b)	buys, exchanges, or auctions real estate, an option on real estate, a business opportunity, or an improvement on real estate with the expectation of receiving valuable consideration;

(c)	advertises, offers, attempts, or otherwise holds the individual out to be engaged in the business described in Subsection (20)(a) or (b);

(d)	is employed by or on behalf of the owner of real estate or by a prospective purchaser of real estate and performs an act described in Subsection (20)(a), whether the individual's compensation is at a stated salary, a commission basis, upon a salary and commission basis, or otherwise;

(e)	with the expectation of receiving valuable consideration, manages property owned by another person;

(f)	advertises or otherwise holds the individual out to be engaged in property management;

(g)	with the expectation of receiving valuable consideration, assists or directs in the procurement of prospects for or the negotiation of a transaction listed in Subsections (20)(a) and (e);

(h)	except for a mortgage lender, title insurance producer, or an employee of a mortgage lender or title insurance producer, assists or directs in the closing of a real estate transaction with the expectation of receiving valuable consideration;

(i)	engages in foreclosure rescue; or

(j)

advertises, offers, attempts, or otherwise holds the person out as being engaged in foreclosure rescue. See Utah Code 61-2f-102

Real estate: includes leaseholds and business opportunities involving real property. See Utah Code 61-2f-102

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

(a)

issuing a new or duplicate license;

(b)	registering an entity or branch office;

(c)	certifying a real estate school, course, or instructor;

(d)	providing a history of a license, registration, or certification;

(e)	producing a certified copy of an official document, order, or other paper or transcript; and

(f)	other duties required by this chapter.

(2)	Notwithstanding Section 13-1-2, a fee collected under Subsection (1)(c) shall be deposited in the Real Estate Education, Research, and Recovery Fund.

(3)

If a person pays a fee or costs to the division with a negotiable instrument or other payment method that is not honored for payment:

(a)	the transaction for which the payment is submitted is voidable by the division;

(b)	the division may reverse the transaction if payment of the applicable fee or costs is not received in full; and

(c)

the person’s license, certification, or registration is automatically suspended:

(i)	beginning the day on which the payment is due; and

(ii)	ending the day on which payment is made in full.

(4)

(a)

A fee under this chapter is in lieu of all other license fees or assessments that might otherwise be imposed or charged by the state or any of its political subdivisions upon, or as a condition of, the privilege of conducting the business regulated by this chapter, except that a political subdivision within the state may charge a business license fee on a principal broker if the principal broker maintains a place of business within the jurisdiction of the political subdivision.

(b)	Unless otherwise exempt, a licensee under this chapter is subject to the taxes imposed under Title 59, Revenue and Taxation.

Amended by Chapter 289, 2011 General Session

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