ADRE LAW BOOK 2025
a broker, who is not licensed at the time the service is rendered. An identification card or certificate of license issued by the state real estate department showing that the person, firm or corporation holds a license for the year in which the payment is made or earned is sufficient proof to relieve from any penalty for a violation of this section the obligor, escrow holder or other person who re lied in good faith on the card or certificate. D. A real estate broker or real estate salesperson shall not collect compensation for rendering ser vices in negotiating loans secured by real property unless all of the following apply: 1. The broker or salesperson is licensed pursuant to title 6, chapter 9 or is an employee, officer or partner of a corporation or partnership licensed pursuant to title 6, chapter 9. 2. The broker or salesperson has disclosed to the person from whom the compensation is collected that the broker or salesperson is receiving compensation both for real estate bro kerage, when applicable, and for mortgage broker services. 3. The compensation does not violate any other state or federal law. E. Notwithstanding subsection A or B of this section, brokers licensed under this chapter may em ploy residential leasing agents or managers of residential rental properties, as prescribed by section 32-2121, subsection A, paragraph 6. The exemption of residential leasing agents or managers of residential rental property under article 2 of this chapter does not exempt the designated broker from the responsibility to exercise reasonable supervision over these leasing agents or managers. 32-2156. Real estate sales and leases; disclosure A. No criminal, civil or administrative action may be brought against a transferor or lessor of real property or a licensee for failing to disclose that the property being transferred or leased is or has been: 1. The site of a natural death, suicide or homicide or any other crime classified as a felony 2. Owned or occupied by a person exposed to the human immunodeficiency virus or diag nosed as having the acquired immune deficiency syndrome or any other disease that is not known to be transmitted through common occupancy of real estate. 3. Located in the vicinity of a sex offender. B. Failing to disclose any fact or suspicion as set forth in subsection A shall not be grounds for termination or rescission of any transaction in which real property has been or will be transferred or leased. 32-2157 Written notice of changes; summary suspensions; hearing; voluntary surrender of license A. Except as provided in subsections B and C of this section, before suspending, revoking or de nying the renewal or the right of renewal of any license, or issuing any order prohibiting the sale or lease of property or the sale of cemetery lots or membership camping contracts as provided by this chapter, the commissioner shall present the licensee, owner, including the current owner of the property, operator, agent or developer with written notice of the charges filed against the person, or reasons for prohibiting the sale or lease, and shall afford the person an opportunity for a hearing pursuant to title 41, chapter 6, article 10. Within twenty days after service of a notice of hearing, the respondent shall appear by filing a written answer to the complaint. A licensee against whom the department has commenced a disciplinary proceeding under this chapter may voluntarily sur render to the department the license if the surrender of the license occurs not less than ten days prior to a hearing under this section. After the acceptance of a voluntary surrender of a license un
55
Made with FlippingBook Ebook Creator