home equity lines of


Home Equity Lending Gaps in Texas The Texas Economy March 2003 "Texans need and deserve the right to take out home equity lines of credit.This simple change will pump $741 million back to Texas homeowners." -- Carole Keeton Strayhorn, Texas Comptroller Home Equity Lending Gaps in Texas The number of Texans with home equity loans has more than doubled since 1997 when changes in the Texas constitution made it easier for Texans to borrow against the equity they have in their homes. [1] Yet, Texans are still not taking as many home equity loans as residents in other states. In the traditional home equity lending market—the segment that involves a lump-sum payout of equity to be repaid over a set term—Texans seem to have caught up with the rest of the nation. Indeed, the estimated 6.4 percent of Texas home-owners with traditional home equity loans in 2001 is not only up considerably from 2.5 in 1997 but may well be higher than the average for the other 49 states of 5.7 percent (Figure 1). [2] This most likely reflects the fact that one portion of the home equity loan market—the home equity line of credit market—remains unavailable to Texans. An estimated $12.7 billion in higher-cost, non-tax-deductible loans that currently exist could be supplanted if home equity lines of credit were available and Texans used these financial options at the same rate as other consumers in the country. By taking advantage of a substantially untapped resource, Texas consumers could save $741 million annually using home equity lines of credit instead of other loans. These savings could be pumped into the Texas economy through lower interest rates and additional federal income tax deductions. The gains would be realized in the Texas economy if existing loans were merely paid off by homeowners through home equity lines of credit. This need not expand homeowners’ overall debt burden. Home Equity Lending in Texas For more than 160 years, access to the home equity that owners had built up in their residences was largely untapped. As a direct result of the Panic of 1837, Texas prohibited the forced sale of homesteads for all but a very limited number of reasons. When Texas became a state, these protections became part of the state constitution and effectively barred foreclosing on a person’s residence for reasons other than non-payment of taxes, the original mortgage or a home improvement loan. These same provisions also effectively barred tapping into home equity for purposes other than home improvement. But on November 4, 1997, Texas voters approved a constitutional amendment allowing more leeway in home equity lending and for reverse mortgages. [3] These loans became available to Texans in 1998, but some technical issues limited the availability of home equity loans for homesteads larger than one acre and from reverse mortgages. Subsequent amendments addressed these legal concerns. [4] Changes in the Texas Constitution expanded the conditions under which homeowners could obtain a traditional home equity loan. These closed-end loans extend for a specified length of time and generally require repayment of interest and principal in equal monthly installments. Interest rates on these loans are ordinarily fixed for the life of the loan. Growth in Home Equity Lending in Texas Since changing the Texas constitution to allow wider use of home equity loans, Texans have steadily increased their reliance on these loans. According to American Housing Survey (AHS) data on nine Texas metropolitan areas that cover 68 percent of Texas’ owner-occupied homes, only 2.5 percent of Texas homeowners had any form of home equity loan in 1997, substantially less than the 14.5 percent for all U.S. homeowners outside of Texas that same year. By 1999, the proportion of Texas homeowners with a home equity loan had risen to 4.5 percent. While this represents nearly a doubling of home equity loan usage in just two years, this was still slightly less than the estimated 5 percent rate for home equity loan usage in the nation and substantially less than the 12.9 percent estimated by the AHS that year for both home equity loans and lines of credit. By 2001, the proportion of Texas households with home equity loans had reached 6.4 percent. At this level, the usage in Texas actually exceeded the usage rate of fixed-term closed-end loans in the U.S., indicating that Texans may have reached the saturation point with traditional home equity loans. These loans typically are written for a set amount to be repaid in equal installments over a specified time, just like a traditional mortgage. Based on a survey conducted for the Comptroller of Public Accounts of home equity lenders in Texas, from 1998 to 2000, the amount of the average home equity loan was about $36,750. In 2001 and 2002, the average home equity loan jumped to more than $47,000. [5] Closing the Gap Although Texans’ reliance on home equity loans has grown substantially since the passage of the constitutional amendment, further gains may be unlikely. Other states’ average usage of 14 percent in 2001 included both traditional home equity loans and home equity lines of credit, financial instruments not now available to Texas homeowners. The possibility that the usage rate of traditional home equity loans in Texas exceeded the usage rate of similar loans in the nation probably indicates that without the home equity line of credit option, more homeowners are opting for the fixed term loans—their only other choice. During much of the 1990s, about 8 percent of U.S. homeowners had a home equity line of credit whereas about 5 percent of homeowners had a traditional loan. [6] In 2001, AHS data indicated an estimated 8.4 percent of homeowners had a home equity line of credit (HELOC) and 5.7 percent had traditional home equity loans. This newer form of home equity lending has become the preferred choice by homeowners in other states. A HELOC is a revolving account that permits borrowing from time to time, at the account holder’s discretion, up to a set credit limit. HELOCs also typically have more flexible repayment schedules than traditional home equity loans and have a variable interest rate. Most consumers think home equity lines of credit are more convenient than traditional home equity loans. While about 40 percent of consumers cited the tax advantages of both types of home equity credit as an important consideration, 43 percent of HELOC users cited convenience of use as an advantage, compared with only 1 percent of those using the traditional home equity loans. [7] Many of the major lenders in Texas make HELOC loans to homeowners in other states. Their experiences underscore how attractive this option is to consumers. Figure 2 presents the percentage of the amount of home equity loans and lines of credit written in Georgia, Florida and California by three major Texas lenders. [8] About 88 percent of the consumers in these states choose HELOCs compared with about 12 percent choosing traditional home equity loans. Potential Economic Impact of HELOCs in Texas One approach to examining what expanded home equity lending might mean in Texas is to estimate what consumers would save if they had access to HELOCs. Three issues are crucial when estimating this impact: what savings could be expected from lower interest costs; how much would HELOCs lower federal income tax bills; and how large total borrowing might become. Underlying this assessment is the assumption that if Texans had access to HELOCs the total home equity usage in Texas would approach the U.S. average. This implies that consumer use of both home equity lines of credit and traditional loans would reach about 14 percent, 7.6 percentage points up from the 2001 level, which was 6.4 and consisted of only traditional home equity loans. The true economic value of HELOCs to consumers lies in low interest rates and as a deduction from federal income taxes. For example, recent data from February 2003 show that the average interest rate on credit card debt is 13.8 percent, the rate for new auto loans is 5.8 percent and on home equity lines of credit, 4.4 percent. [9] This implies that on a $1,000 loan, annual credit card interest charges would be $138 whereas these charges would amount to only $44 for the home equity line of credit. On $1,000 in outstanding credit card debt, conversion of this debt to a HELOC would save $94 in interest payments annually. But even this neglects the fact that HELOC interest costs are deductible from federal income taxes, whereas credit card interest charges are not deductible. Although each individual’s exact marginal tax rate paid depends on adjusted gross income, the National Bureau of Economic Research estimates that, on average, in 1999 interest deductions reduced income taxes 24.5 cents per dollar of interest paid. [10] This implies that, on average, the $44 in HELOC interest payments would generate an estimated $10.78 in federal income tax savings so that the total consumer savings per $1,000 in credit card debt replaced by HELOC would be $104.78 annually. Savings from other loans would be less dramatic. Based on current rates, car loans would cost $58 in interest charges per $1,000 borrowed, or only $14 more than HELOC. But tacking on the deductibility of HELOC raises this savings to $24.78 annually per $1,000 borrowed. The loans likely to be displaced by HELOC would be a mixture of credit card loans and other consumer loans such as car loans. According to Federal Reserve loan data, consumer debt nationwide at the end of 2002 was divided into $738.9 billion in revolving loans, of which credit card debt is a large part, and $1,017.9 billion in non-revolving loans. [11] Assuming Texas consumers have a similar debt profile, about 42 percent of Texas consumer debt would be in revolving credit and 58 percent in non-revolving. Based on these shares, the average consumer would save an estimated $58.38 in interest and tax payments per $1,000 owed by switching from other consumer credit sources to HELOC. [12] How much Texans could save depends on the volume of consumer loans displaced. Using 2001 commercial bank data to update national figures indicates that the traditional home equity loan market in the U.S. reached $352.7 billion, up from $267 billion in 1997. Considering Texas’ share of home equity loans and the average per loan value, Texans account for an estimated 8.4 percent of the U.S. market for traditional home equity loans. Based on this percentage and assuming that Texans would use both traditional and HELOC loans at the national rate, Texas consumers would exchange $12.7 billion in existing loans for HELOC. In doing so, Texas homeowners would save $741 million in interest charges and federal income taxes annually. This would be a modest level of savings. The Federal Reserve Board estimates that households spend about 8 percent of their disposable personal income servicing the debt on revolving loans. [13] The $741 million annual savings from increased use of HELOCs would be about 1.7 percent of the annual amount Texans spend on debt service for revolving loans. [14] Home Equity Delinquencies If Texas consumers relied more on home equity lines of credit and followed national trends, loan delinquencies would likely fall. Based on American Bankers Association data (Table 1), Texas averages fewer loan delinquencies for closed-end home equity loans than consumers at the national level. Loan delinquencies did rise in Texas from 1999 to 2001, but dropped off in 2002. Table 1: Texas Home Equity Delinquency Rates Compared to All Other States Home Equity Delinquency Rates and All States First Mortgage Delinquency Rates* Closed-End** Home Equity Loans(1) Home Equity Lines of Credit(1) All States - First Mortgages(2) Texas All States All States Conventional FHA VA 2002 0.99% 1.30% 0.59% 3.06% 11.55% 7.87% 2001 1.17 1.28 0.73 2.96 10.78 7.67 2000 0.88 1.20 0.75 2.50 9.10 6.80 1999 0.77 1.26 0.62 2.60 8.60 6.80 * Delinquency Rates are based on the number of Loans Past Due 30 Days or More as a Percentage of Loans Outstanding. ** "Closed End" includes home equity and second mortgages (but not home improvement). SOURCES (1)Home equity delinquency rates obtained from "Consumer Credit Delinquency Bulletin" published quarterly by American Bankers Association. (2)First mortgage delinquency rates obtained from "U.S. Census Bureau, Statistical Abstract of the United States, 2001" and Mortgage Bankers Association of America "Quarterly Delinquency Surveys." But nationwide, loan delinquencies for lines of credit are slightly more than half the rates seen for closed end home equity loans. Based on this pattern, a shift towards using home equity lines of credit from traditional home equity loans should lower overall home equity delinquency rates. Compared with first mortgages, the delinquency rates for both home equity loans and lines of credit are substantially lower. Summary The use of home equity loans in Texas has risen dramatically following constitutional changes in Texas in 1997. Use of closed-end traditional home equity loans in Texas exceeds nationwide use. The fact that home equity lines of credit are not available in Texas contributes to a higher reliance on traditional home equity loans. But the strong consumer preference expressed for HELOCs in other states and consumer preference for their ease of use may indicate that continued expansion of lower interest, tax deductible home equity financing by consumers in Texas may slow without access to these loans. If Texans were to use home equity financing only up to the national average through HELOCs, lower interest payments and lower federal taxes would save Texas consumers $741 million. Making HELOCs available to Texas consumers would require passing another constitutional amendment and legislation proposing such amendments will likely be introduced during the current legislative session. If the nature of consumer safeguards and other requirements on lending institutions in Texas making HELOC loans were significantly more restrictive than national practices, interest rates on these loans in Texas could be higher than national rates, and the economic impacts less. Data Collection While banking and finance are two of the most heavily regulated industries, this level of scrutiny does not always result in the availability of detailed information. Since 1987, banks and finance companies have reported home equity lines of credit under receivables on quarterly Call Reports and since 1991 have also separately reported their holdings of traditional closed-end home equity loans. Mutual savings banks also report these data on Federal Reserve Board Call Reports. Other segments of the financial industry report this information to varying degrees. Savings and loan associations and federal saving banks report credit line receivables on Call Reports, but they do not separate home equity loans from first mortgages. Since June 1996, finance companies have reported commercial and residential mortgages separately but do not distinguish between loans under lines of credit and traditional loans. Credit union data is available on both types of home equity debt from the Credit Union National Association. At the national level, some data track the degree to which consumers utilize the various home equity loan alternatives. Every two years the Federal Reserve Board surveys consumers’ use of credit. This data, while instructive on overall trends and the use of home equity loans and lines of credit, does not contain information about practices in particular states. Moreover, much of the state-specific data collected from financial institutions is available primarily for the location of the financial institution involved, and not where the loan was made. Where this data are available, coverage by type of financing (home equity loan versus line of credit) is limited. The Texas-specific data in this analysis is derived largely from two sources. First, the U.S. Bureau of the Census surveys about 60,000 Americans every two years about housing conditions. This survey includes questions about the usage of home equity loans, but only the most recent survey, from 2001, elicits responses on traditional home equity loans separately from home equity lines of credit. Because this survey is national, there is only partial coverage of Texas. Specifically, publicly available data from the survey identifies only responses coming from nine metropolitan areas in Texas. Although the sample does contain responses from non-metropolitan areas, these are not identified by state. The Census survey covers about 68.2 percent of the Texas population. The second source of data is internal surveys of lending activity conducted by lending institutions doing business in Texas. These institutions cover more than 10 percent of the Texas market for commercial financial institutions and financial companies. These data are used to identify the potential to expand home equity lending in Texas if lines of credit became available. Endnotes [1] In 1997 and before, availability of home equity loans in Texas was limited to home improvement loans, loans to pay outstanding taxes and loans allowing one spouse to “buy out” another in the case of divorce. Such loans were typically known as a second lien against the property. Homeowners could not secure a loan backed by the equity in their home and use the proceeds of the loan for purposes other than those specified in law. Outside of Texas, using home equity loan proceeds for whatever purpose and even the more flexible home equity line of credit (a revolving line of credit secured by home equity) have been widely available for years. [2] The tentative nature of this statement stems from what seems to be respondent confusion to the American Housing Survey (AHS). In the 2001 AHS, 14 Texas households identified themselves as having a home equity line of credit in 2001. Since these lines of credit currently cannot be offered in Texas, the most likely explanation for this is that these respondents misunderstood the “line of credit” option in the survey as describing the “draw down” feature of a home improvement loan during construction when, in fact, these instances were almost certainly traditional “closed end” loans. Placing these responses in that category indicates that 6.4 percent of the homeowners in the survey in Texas had a closed-end home equity loan as compared to only 5.7 percent in states outside of Texas. [3] House Joint Resolution 31 (HJR 31) passed by the 1997 Legislature that, upon passage, became effective January 1, 1998. [4] On November 2, 1999, Texas voters approved constitutional amendments proposed by the 1999 Legislature to address these problems, Senate Joint Resolutions 12 and 22 (SJR 12 and 22). [5] Data submitted by lenders in early 2003. For number and amount of loans in Texas, the survey included five large Texas lenders. [6] Glenn B. Canner, Thomas A. Durkin and Charles A. Luckett, “Recent Developments in Home Equity Lending,” Federal Reserve Bulletin, April 1998, p. 243. [7] Canner, Durkin and Luckett, pp. 241- 251. [8] From data submitted by lenders. Together these three lenders serve more than 10 percent of the commercial banking market in Texas. [9] These rates and those of HELOCs are from http://www.bankrate.com/ on February 18, 2003. The credit card rate is for a standard card (not gold or platinum) at a fixed annual rate. The auto loan figure refers to a 48-month loan for a new car. The HELOC rate is for a $10,000 or minimum amount. [10] http://www.nber.org/~taxsim/mrates/mrates2.html , February 20, 2003. [11] Federal Reserve Board Statistical Release, G.19, Consumer Credit, February 7, 2003. http://www.federalreserve.gov/releases/g19/current/ . [12] This is a fairly conservative assessment on two points. First it assumes that consumers would replace current borrowing in proportion to the amount borrowed of each type without consideration of the interest rates charged for each type of borrowing. A more rational approach would be to replace all of the most costly borrowing first. Secondly, new car financing rates are among the lowest cost loans available and this probably underestimates the interest costs of non-revolving loans. [13] http://www.federalreserve.gov/releases/housedebt/default.htm , February 19,2003. [14] Disposable personal income in Texas is estimated to be $535.2 billion in 2001. Carole Keeton Strayhorn Texas Comptroller of Public Accounts Window on State Government Contact Us Privacy and Security Policy



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..VRBO is Vacation Rentals by Owner Vacation Homes Rentals by Owner Millions of visitors here each month... List your Vacation Rental Home here! Beautiful USVI - US Virgin Islands Vacation Rentals 46,000 Vacation Rentals - Rental Homes by Owner Search by VRBO# City Search Enter complete or partial city name Text Search Yachts/Cruises Worldwide USA Vacation Rentals Canada Rentals Mexico Rentals Caribbean Rentals Europe Austria Belgium Bulgaria Croatia Cyprus Czech Republic England Denmark France Germany Greece Hungary Iceland Ireland Italy Macedonia Malta Monaco Netherlands Norway Poland Portugal Romania Russia Scotland Spain Sweden Switzerland Turkey Ukraine United Kingdom Africa Morocco Seychelles South Africa Central America Belize Costa Rica Guatemala Honduras Nicaragua Panama South America Argentina Brazil Chile Colombia Peru Uruguay Venezuela Asia China Cyprus Hong Kong India Indonesia Israel Japan Malaysia Mauritius Philippines Sri Lanka Thailand Turkey South Pacific Australia Fiji French Polynesia New Zealand Caribbean Yachts & Cruises Anguilla Antigua Aruba Bahamas Barbados Bay Islands Belize Bermuda Bonaire British Virgin Islands BVI Cayman Islands Curacao Dominica Dominican Republic Grenada Guadeloupe Isla de Margarita Jamaica Martinique Puerto Rico Roatan Saba Saint Martin (St Maarten) St. Barthelemy St. Eustatius St. Kitts & Nevis St. Lucia St. Vincent & the Grenadines Trinidad & Tobago Turks & Caicos US Virgin Islands USVI France vacation rentals Aspen vacation rentals Breckenridge vacation rentals Cabo San Lucas vacation rentals USVI US Virgin Islands Vacation Rentals Kauai vaction rentals Maui Vacation rentals California vacation rentals Florida Keys vacation rentals & homes Destin vacation rentals Orlando vacation rentals & condos Lake Tahoe vacation rentals Disney vacation Cabin rentals & Beach rentals Hilton Head rentals Vacation Rentals Hawaii all located on this huge site... Please read the DISCLAIMER before continuing... Join us... | Members Area | Testimonials | Advantages | Want Ads | Links | Blog | Contacts | Adventures of the VRBO Bear... | Ctrl D to Bookmark --- Click here for Hurricane Katrina Housing Offers --- USA Vacation Rentals - Carpe Vacationum "Seize the Vacation" Alabama Alaska Arizona Arkansas California Northern CA Lake Tahoe Central CA Southern CA Colorado Cities A-B Cities C-F Cities G-S Cities T-Z Connecticut Delaware District of Columbia Florida Destin Area Panama City Beach South Walton Rest of Panhandle Disney / Orlando Florida East Coast Upper Gulf Coast Central Gulf Coast South Gulf Coast Florida Keys Georgia Hawaii Big Island Kauai Lanai Maui Molokai Oahu Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina Hilton Head Myrtle Beach Rest of S. Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Save us in your bookmarks ( press Ctrl-D ) . Plan your next dream vacation right here. More Vacation Rentals in popular locations like these: Lake Tahoe Vacation Rentals - Breckenridge, Colorado Vacation Rentals - Paris, France Rentals - Puerto Vallarta area, Mexico - Florida Rentals: Clermont , Davenport , Destin , Kissimmee vacation Rentals , Seagrove Beach - Kaanapali, Maui Vacation Rentals Family Reunion or Large Group? Check out these Vacation Rentals Around the World that sleep 14 18 22 26 30+ guests Do you own a Vacation Rental Property? Join the group and advertise your rental to millions of visitors to this site each month. People are talking about us... see what our members have to say. We have many fine privately owned vacation rental homes available. Read about the advantages of private vacation home rental. We're the LARGEST and most FRIENDLY vacation rental site specializing in PRIVATE HOMES and BY OWNER vacation rentals. You will find tens of thousands of BY OWNER vacation rental properties listed here PLUS fine private homes, condos and apartments offered thru rental agencies and management companies. Please read the DISCLAIMER before continuing... Join us... | Members Area | Testimonials | Advantages | Want Ads | Links | Blog | Contacts | Adventures of the VRBO Bear... Ctrl D to Bookmark | visit Hotspot for Vacation Rental Sales Tax Compliance VRBO® is Vacation Rentals by Owner® - The largest and most popular vacation rental site. Specializing in BY OWNER vacation rentals, homes, condos, cabins, villas and apartments. ALSO privately owned properties offered thru rental agencies and management companies. To report any problems with this site, please contact webmaster@vrbo.com URL: http://www.vrbo.com/Default.htm ©1995-2005 by VRBO International LLC - all rights reserved



Real Estate Broker License

Real Estate Licensing Real Estate Licensing Home / Licensing /Real Estate Licensing HOW TO OBTAIN A UTAH REAL ESTATE LICENSE A real estate license is required of any person who, for another and forvaluable consideration, negotiates or consummates the sale, lease, exchangeor purchase of real estate. The Utah Real Estate Commission determines the qualifications and therequirements of all applicants for a Utah real estate license. Each applicantis required to provide evidence of honesty, integrity, truthfulness, reputationand competency. Each applicant must pass an examination covering the fundamentalsof the English language, arithmetic, bookkeeping, real estate principalsand practices, the Rules established by the Real Estate Commission and anyother aspect of Utah Real Estate License Law considered appropriate. Please take time to go over the screening questionnaire. Your responses tothese questions could have an impact upon whether or not you are able toobtain a Utah Real Estate license. Additional information and requirements are outlined throughout the followingpages. Screening Questionnaire Sales Agent License Associate Broker License Principal Broker License Opening Own Business Property Management License Branch Offices Non-Resident License ApplicantsLicensed in Other States Reciprocity (between Utah and: Wyoming, Colorado, Idaho, Montana, and Alberta, Canada) Examination Procedure ChangeCard SCREENING QUESTIONNAIRE 1. Do you now hold or have you ever held a real estate license in a state otherthan the state of Utah or in another country? 2. Have you ever had a license to practice in the real estate profession,or any other profession or occupation, denied, restricted, suspended, orrevoked? 3. Have you ever been permitted to resign or surrender your real estate licenseor any other professional license,or have you ever allowed a license to expire while you wereunder investigation, or while action was pending against you by any realestate licensing or other agency? 4. Is any disciplinary action now pending against you by any real estatelicensing or other agency? 5. Are you CURRENTLY under investigation for, or charged with, or have you everbeen convicted of, or pled guilty or no contest to, a felonyor misdemeanor? (If you have had only one misdemeanor conviction or plea and thecase was closed over five years ago, you do not have to answer yes. Caution: DUI's and other alcohol-related traffic offenses may bemisdemeanors. Non-alcohol-related traffic offenses do not need to bedisclosed.) 6. Have you been placed on probation or ordered to pay a fine in connection withany criminal offenseor a licensing action? If you answer YES to this question you will beasked at the time of application for licensure to provide proof of completion ofyour probation and payment of all fines. 7. Have you been ordered to pay restitution in connection with any criminaloffense or licensing action? If you answer YES to this question you willbe asked at the time of application for licensure to provide proof that you havefully complied with the restitution order. 8. Have you had a civil judgment entered against you based on fraud,misrepresentation, or deceit? If you answer YES to this question you will be asked at the time of application for licensure to provide proof that the judgment has been fully satisfied. 9. Are you under 18 years of age? WARNING: IF YOU PASS THE EXAMINATION, YOUR FINGERPRINTS WILL BE TAKEN ANDSUBMITTED FOR A CRIMINAL BACKGROUND CHECK. FAILURE TO ACCURATELY DISCLOSEYOUR CRIMINAL HISTORY WILL RESULT IN IMMEDIATE AND AUTOMATIC REVOCATION OF YOURLICENSE. SALES AGENT LICENSE License Requirements - The applicant for a sales agent license must be at least 18 years ofage. Education Requirements - An applicant for a sales agent license must complete an approved educationalprogram of 90 classroom hours. The subject matter of the course will consistof Real Estate Principals and Practices and Utah Real Estate License Law. All courses must be completed at a Division approved real estateschool . Membership in the Utah State Bar will satisfy this education requirement. Experience will not satisfy the education requirement. Licensing Procedure - Within 90 days after the successful completion of the examination, theapplicant must return the following to the Division: Score Report/License Application - The applicant will provide a score report/license application receivedfrom Promissor ( the professional testing service) which indicates that both the nationaland state portions of the examination have been passed. The passing score report/license application must besigned by the principal broker with whom the applicant will be affiliating.No such signature is required of the applicant who desires inactive status. Education Documentation - The applicant will provide documentation of the successfulcompletion of 90 hours of classroom education taken within the previous year.Documentation will consist of the signed and stamped education certificatelocated in the examination Candidate Handbook, and/or an education waiverissued by the Division. Fees - The fee will include the license fee, the fee for the Recovery Fund, and the fingerprint processing fee. Currently, this totals $151.00. ASSOCIATE BROKER and/or PRINCIPAL BROKER LICENSE License Requirements - The applicant for an associate broker/principal broker license must beat least 18 years of age. The applicant must have a minimum of three years real estate experience and a total of at least 60 points accumulated within the five years prior to licensing. A minimum of two years (24 months) and at least 45 points will be accumulated from Tables I and/or II. The remaining 15 points may be accumulated from tables I, II, or III. The Principal Broker may accumulate additional experience points by having participated in real estate related activities as outlined in Experience Points Table III. Education Requirements - An applicant for an associate broker or principal broker license mustcomplete an approved educational program of 120 hours. The subject matterof the course will consist of 12 classroom hours in Brokerage Management, 24 classroom hours in Advanced Appraisal,24 classroom hours in AdvancedFinance, 24 classroom hours in Property Management, 24 classroom hours in Advanced Real Estate Law, and 12 hours in Utah License Law. All courses mustbe completed at a Division approved real estateschool . The Division may waive all or part of the education requirement by virtueof equivalent education. Education waivers may be granted only by the Division.To obtain an education waiver, the applicant must provide to the Divisionvalid documentation of his/her equivalent education. Experience will not satisfy the education requirement. Licensing Procedure - Please refer to the following information and forms (Broker Application Packet) Application for a Broker License Procedures Checklist Requirements for Obtaining a Real Estate Broker License Experience Points Tables (Rule 162-2.2.5) Documentation of Full Time Experience Real Estate Sales/Leasing Transaction Log Real Estate Property Management Transaction Log Brokerage Verification Form OPENING OWN BUSINESS If the applicant wishes to open his/her own business, the following isalso required: Business Name Approval - The principal broker applicant must submit evidence that the name underwhich he/she will be doing business has been registered and is approved bythe Division of Corporations, Utah Department of Commerce. The Division ofReal Estate will not accept a proposed company name that may mislead thepublic into thinking they are not dealing with a real estate brokerage orproperty management company. Company Registration - The principal broker applicant must submit a Company Application on theform required by the Division. Evidence of Trust Account - The principal broker applicant shall submit documentation from a financialinstitution that is less than 30 days old verifying the applicant's trustaccount. Change Cards - A Change Card must be submitted for each agent who will be affiliatingwith the principal broker. Fees - Appropriate fees for company registration mustbe submitted. Currently this fee is $25.00. PROPERTY MANAGEMENT LICENSE License Requirement - All persons who, for another and for valuable consideration, engage inproperty management must hold a current Utah real estate license to functionas a property manager. Property management is defined as providing the followingservices which may include, but are not limited to: Advertising real estate for lease or rent. Procuring prospective tenants or lessees. Negotiating lease or rental terms. Executing lease or rental agreements. This requirement does not apply to: An owner who manages his/her own property. A regular salaried employee of the owner of real estate who manages property owned by the employer. Apartment managers who manage the apartments at which they reside in exchange for free or reduced rent on their apartments. A full time salaried employee of a homeowners association who manages units subject to the declaration of condominium, which established the homeowners association. Individuals who, as employees of a licensed property management company, provide prospective tenants with access to vacant apartments, provide secretarial, bookkeeping, maintenance or rent-collecting services, quote predetermined rent and lease terms, and fill out preprinted lease or rental agreements, the terms of which are not negotiable by the person completing the form. Broker Supervision - All property management conducted by a sales agent or associate brokermust be supervised by the principal broker with whom the licensee isaffiliated. S EPARATE PROPERTY MANAGEMENT COMPANY A principal broker may be granted a license to operate a property managementcompany separate from an existing real estate brokerage upon compliance withthe following conditions: Application - The principal broker, as a single proprietor or a company, must obtainan additional broker's license by submitting an application on the form requiredby the Division together with the license fee plus the fee for the RecoveryFund. Business Name Approval - The applicant must submit evidence that the name of the new company hasbeen registered and is approved by the Division of Corporations, Utah Departmentof Commerce. The Division of Real Estate will not accept a proposed companyname that may mislead the public into thinking they are not dealing witha real estate brokerage or property management company. Company Registration - The principal broker applicant must submit a Company Application on theform required by the Division. Evidence of Trust Account - The principal broker applicant shall submit documentation from a financialinstitution that is less than 30 days old verifying the applicant's trustaccount. Affiliated Licensees - The principal broker must designate with which company each of the licenseesaffiliated with him/her will be located - either the real estate brokerageor the property management company. Property Management Company Only - No Brokerage - If a principal broker (an individual or company) wants to operate a propertymanagement company only AND does not operate a real estate brokerage, theprincipal broker may do so by the same procedure as for opening a real estatebrokerage. Fees - Appropriate fees for company registration mustbe submitted. Currently this fee is $25.00. BRANCH OFFICES A branch office is a real estate office affiliated with and operating underthe same name as a principal brokerage but located at a different address.A branch office must be registered with the Division of Real Estate priorto operation. Application - To register a branch office, the principal broker must submit to the Division,on the forms required by the Division, the location of the branch, the nameof the branch manager and the names of all associate brokers and sales agentsassigned to the branch. He/she must also submit trust account documentationthat is less than thirty days old of a valid trust account. This accountcan be the same trust account used by the main office. Branch Manager - Each branch office must have an associate broker as a branch manager whowill actively manage the office. Fees - Appropriate fees for company registration mustbe submitted. Currently this fee is $25.00. NON-RESIDENT LICENSE A person who is actively licensed and in good standing in anotherstate as a real estate principal broker, associate broker or sales agentmay be issued an equivalent license in Utah by successfully completing specificeducation hours required by the Division with the concurrence of the Commission,and by passing the state and, in some cases, the general portion of the Utahreal estate licensing examination. The general portion of the exam may notbe waived for licensees from California due to the way California administerstheir exam. If the license in another state is expired, the applicant will be required to comply with all of Utah'sprelicensing requirements. Education and examination waivers will not beprovided if the license has expired. The applicant must also comply with each of the following requirements: Application - The applicant must submit an application for examination and license inaccordance with the requirements of the state of Utah. License History - Proof of licensure and disciplinary action, if any, (a "history letter")from each state in which the applicant has been licensed. Education Documentation - A waiver toward the Utah education requirement may be granted for educationtaken in another state. The applicant must provide to the Division validdocumentation of any certified real estate education taken in another statethat correlates with the education requirement of the state of Utah. Validdocumentation shall show proof of completion of the subject matter, the dateof completion and the number of classroom hours of each course taken. The application will be required to take a minimum of 12 classroom hoursin Utah License Law and may be required to take additional real estate educationhours. The applicant will be notified by the Division of his/her specificeducation requirements in the form of a "waiver letter." WAIVER LETTER - Upon receipt of the "license history" and the documentation of previouslycompleted real estate education, the Division will determine how many hours,if any, of Utah's education requirement may be waived and how many hoursthe applicant will still be required to complete before he/she will be allowedto sit for the examination. The licensee will be notified of his/her educationrequirements in the form of a "waiver letter." If applicable, the "waiverletter" will also indicate whether the general (national) portion of thelicensing examination will be waived. The "waiver letter" must be presented: to the school to show the number of education hours required of the candidate, at the time of the examination, and at the time of application for licensure. EXAMINATION - If the applicant has been actively licensed in another state for the precedingtwo years, he/she will be required to take only the Utah state portion ofthe examination. If the applicant has been on an inactive status in anotherstate for any portion of the past two years, he/she will be required to takeboth the national and Utah state portions of the examination. The general portion of the exam may not be waived for licensees from California due to the way California administers their exam. TRUST ACCOUNT - If the applicant is a principal broker, he/she must establish a real estatetrust account in this state. CONSENT TO SERVICE - Upon applying for licensure, the applicant must submit to the Divisionan irrevocable written consent allowing service of process on the Commissionor the Division. PRINCIPAL BROKER AFFILIATION - If the applicant is an associate broker or sales agent, the principalbroker with whom he/she is affiliated must hold an active Utah license. APPLICANTS LICENSED IN OTHER STATES A person who is licensed in another state as a real estate principalbroker, associate broker or sales agent may become licensed in Utah by successfully completing specific education hours requiredby the Division with the concurrence of the Commission, and by passing thestate and, in some cases, the general portion of the Utah real estate licensingexamination. The general portion of the exam may not be waived forlicensees from California due to the way California administers their exam. If the license in another state is expired, the applicant will be required to comply with all of Utah'sprelicensing requirements. Education and examination waivers will not beprovided. The applicant must also comply with each of the following requirements: Application - The applicant must submit an application for examination and license inaccordance with the requirements of the state of Utah. License History - The applicant must be or have been licensed as a principal broker, associatebroker or sales agent in another state. Proof of licensure (a "history letter")from the regulatory agency of each state of previous licensure must be providedto the Division of Real Estate. Education Documentation - A waiver toward the Utah education requirement may be granted for educationtaken in another state. The applicant must provide to the Division validdocumentation of any certified real estate education taken in another statethat correlates with the education requirement of the state of Utah. Validdocumentation shall show proof of completion of the subject matter, the dateof completion and the number of classroom hours of each course taken. The applicant will be required to take a minimum of 12 classroom hours inUtah License Law, and may be required to take additional real estate educationhours. The applicant will be notified by the Division of his/her specificeducation requirements in the form of a "waiver letter." WAIVER LETTER - Upon receipt of the "license history" and the documentation of previouslycompleted real estate education, the Division will determine how many hours,if any, of Utah's education requirement may be waived and how many hoursthe applicant will still be required to complete before he/she will be allowedto sit for the examination. The licensee will be notified of his/her educationrequirements in the form of a "waiver letter." If applicable, the "waiverletter" will also indicate whether the general (national) portion of thelicensing examination will be waived. The general portion of the exam may not be waived forlicensees from California due to the way California administers their exam. The "waiver letter" must be presented: to the school to show the number of education hours required of the candidate, at the time of the examination, and at the time of application for licensure. EXAMINATION - If the applicant has been actively licensed in another state for the precedingtwo years, he/she will be required to take only the Utah state portion ofthe examination. If the applicant has been on an inactive status in anotherstate for any portion of the past two years, he/she will be required to takeboth the national and Utah state portions of the examination. The general portion of the exam may not be waived for licensees from California due to the way California administers their exam. RECIPROCITY The State of Utah currently has signed reciprocity agreements with Wyoming, Colorado, Idaho, Montana, and Alberta, Canada. To apply for reciprocity, send us a written request for licensing through reciprocity, including what states you currently have and previously have had a license in, as well as your contact information. Have the state(s) send a certified license history to us (see contact information ). The reciprocal state MUST show that your license is on an active status. Once we receive your written request and the certified license history/histories, we will generate an application form for you. We will also send you: a questionnaire, the Consent To Service form and acknowledgement, which must be signed and notarized; 2 fingerprint cards; and the fingerprint waiver form (fingerprints required for sales agent applicants only - not for broker applicants). Fingerprints must be obtained by the applicant. The application and other relevant forms must be completed and submitted with the $100 licensing fee and $12 recovery fund fee for sales agents or $18 recovery fund fee for brokers (plus $39 fingerprint processing fee for sales agent applicants). If a broker applicant wishes to open his or her own company, additional paperwork and fees are required. See " Opening Own Business " information above. EXAMINATION PROCEDURE Education - Before an applicant will be allowed to sit for the examination, he/shemust have completely satisfied the appropriate educational requirement. Application - The candidate should obtain the Candidate Handbook from the pre-licensingschool. This handbook will outline the procedure for registering for andtaking the examination. Date/Location - The examination will be given twice daily (Tuesday thru Saturday) in theSalt Lake City area. The examination is also available at the testing centersin Provo, Ogden, Las Vegas, Nevada, and Grand Junction, Colorado. Waiver Letter - Any candidate who is granted a waiver of the general portion of theexamination must submit proof of such waiver from the Division at the timeof application. Questions - The test consists of 80 questions on the general portion of the examination,40 questions for sales agents and 50 questions for brokers on the state portionof the examination. Both the general and state portions of the examinationmust be passed within a six-month period of time. More Information - Please refer to the Candidate Handbook for complete details on takingthe examination. Special Services - The testing center complies with the provisions of the Americans withDisabilities Act (42 USCS Section 12101 et seq.). If the candidate has adisabling condition, he/she may request special testing services. The disabilitymust be verified by a professional who is qualified to diagnose and documentthe disability. Utah Department of Commerce Home | Utah Division of Real Estate Home | Contact the Division of Real Estate | Site Map | Links



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