ADRE LAW BOOK 2025

subdivider in the offer, sale or lease of a subdivision lot or parcel in violation of any provision of this chapter or any rule adopted or order issued by the commissioner if the licensee knew or should have known of the violation. 32-2165. Unlicensed activities; violation; classification A. A person who acts as a broker or salesperson within the meaning of this chapter, or who adver tises 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. 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 fel ony. 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 pres ent 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. 32-2166. Activities while incarcerated; violation; classification A. While incarcerated a person who is licensed pursuant to this chapter shall not perform acts that require a license under this chapter. B. A person who violates this section is guilty of a class 6 felony.

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