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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. 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Real Estate Investing Courses Rated and Reviewed Real Estate Investing Depot Directory of Real Estate Investing Resources - courses, books, tapes, services and software Rated and Reviewed . to our "What's New" Newsletter! NEW Resources! NEW Forms! NEW Articles! NEW Reviews! Two FREE Books! 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home equity loan? How

Home equity brochure Office of Consumer Credit Commissioner Home Equity Loans in Texas: Frequently Asked Questions Printer-friendly PDF version What is a home equity loan? How much can I borrow? Why can't I borrow against more than 80% of the home's value? How are home equity loan interest rates determined? What other costs are involved? What if I feel a lender has overcharged me on closing costs? Are there different kinds of home equity loans? Can I set up a line of credit with my home equity? How can I use the money? What if I change my mind? How many home equity loans can I have? Why do I have to wait a year to refinance a home equity loan? Could a lender foreclose on my home if I'm late paying on a car loan or a credit card? What else should I know? What are some other helpful resources? Top of Page What is a home equity loan? A home equity loan is a financial product that allows a borrower to use the market value of a home as collateral for a loan. Loans secured by real estate generally are considered safer by lenders, resulting in lower interest rates than for other types of loans. Equity is easily calculated by subtracting the amount owed on the home from the current market value. For example, if a house with a market value of $100,000 has an outstanding mortgage of $30,000, the homeowner has equity of $70,000. If there were no mortgage or other type of lien on the house, the homeowner would have $100,000 in equity. Top of Page How much can I borrow? Through home equity loans, Texans can borrow money using up to 80% of the value of their homes as collateral. Consider the example of a home valued at $100,000 with an outstanding mortgage debt of $30,000 and $70,000 worth of equity. Because homeowners are limited to borrowing no more than 80% of the home's value, the homeowner would simply calculate 80% of $100,000 ($80,000) and then subtract $30,000 to arrive at a maximum loan amount of $50,000. Total mortgage debt, including the amount of any existing mortgages plus the projected home equity lien, cannot exceed 80% of the home's current fair market value. Homeowners with 20% or less equity in their homes are not eligible for home equity loans. Top of Page Why can't I borrow against more than 80% of the home's value? Texans voted to limit the loan amount to 80% to help prevent overextensions of credit and protect our economy during times of economic slowdown. Top of Page How are home equity loan interest rates determined? Market competition and conditions determine the rates in general; the borrower's own credit history will further affect the rate offered. Home equity loans usually have lower interest rates than do other types of consumer loans, such as loans secured by personal property or loans secured simply by a borrower's signature (unsecured loans). First mortgages (the primary loan on a house) generally have the lowest interest rates. As with any financial arrangement, you should shop around to find the best deal. In the Consumer Assistance section of our Web site are links to some handy online calculators that will help you compare loan programs. Top of Page What other costs are involved? Lenders can charge certain fees, usually called closing costs, in addition to interest. On a home equity loan, closing costs cannot exceed three percent (3%) of the principal amount borrowed. Prepaid interest, also known as points, is not subject to the 3% cap. Top of Page What if I feel a lender has overcharged me on closing costs? As a savvy consumer, you should always carefully examine a loan agreement before signing it. Have the lender thoroughly explain the contract's fee structure; you'll discover that any points you've purchased are not considered part of the fee amount subject to the three percent limitation. If a lender has overcharged you, you must give the lender a chance to correct the mistake (called curing the loan) before you can take legal action against them. You need to send a written request to the lender specifying the error so that the lender can issue a corrected loan agreement and refund any amounts due. For more information on this process, contact our Consumer Helpline at 800.538.1579 or send your questions to us via e-mail . Top of Page Are there different kinds of home equity loans? No, but a home equity loan can hold either first lien or junior lien (often called second) position. If you own your home outright and take out a home equity loan, it will be considered a first mortgage because it is first in line to receive payment if the home is sold or a borrower defaults. If you refinance an existing first mortgage, and pledge some of your equity to receive cash in hand, you will still have just one-but larger-first mortgage. In this loan, generally called a cash out re-fi, the dollar difference between the original mortgage and the refinanced mortgage is the home equity loan amount. A secondary mortgage is a loan secured by a house that already has at least one other mortgage or lien. Taking out a home equity loan in addition to a first mortgage places a second lien against the home. The law prohibits a homeowner from having more than one home equity loan at a time, although a homeowner may have secondary liens from other sources, such as a home improvement loan or a tax lien. Top of Page Can I set up a line of credit with my home equity? As of September 2003, Texans can establish lines of credit using up to 50% of the value of their homes as collateral (as opposed to the 80% allowed on standard loans). Top of Page How can I use the money? However you choose. There are no legal restrictions regarding how you use your loan proceeds. Top of Page What if I change my mind? The law requires a 12-day waiting period from the time an application is taken AND a legally mandated written consumer rights notice is given to the borrower. For example, if a potential borrower submits an application on Monday, but doesn't receive a copy of the consumer rights notice until Wednesday, then the 12-day countdown would begin on Wednesday. The 12-day period is measured in calendar days (rather than business days) per the Home Equity Commentary issued by this office. Once the waiting period has passed, the loan can be closed. Further, the homeowner or homeowner's spouse may still cancel the loan agreement without penalty within three days after closing. Top of Page How many home equity loans can I have? A borrower may have only one equity loan at a time. Furthermore, it cannot be refinanced more frequently than once a year. Because of this limitation, it is crucial to shop for the best terms among lenders. It is also important, as in any credit transaction, to compare the total costs of a home equity loan to other types of credit available to the consumer. For example, a borrower might not face a prepayment penalty for early payoff of a home equity loan. However, if the loan is paid off early, a home equity loan could end up being more expensive than an unsecured loan with a higher interest rate if you paid closing costs and points. To better determine the best solution to your situation, see the financial calculators in the Consumer Assistance section of our Web site for help crunching the numbers. Top of Page Why do I have to wait a year to refinance a home equity loan? Texas voters placed this provision in the Texas Constitution as a consumer protection. Because closing costs and points are collected each time a mortgage loan is closed, generally it's not a good idea to refinance often. Top of Page Could a lender foreclose on my home if I'm late paying on a car loan or a credit card? On a standard car loan, the car itself is the collateral, and Texas law prohibits using a person's homestead as additional collateral on the same loan. However, if a homeowner decides to take out a home equity loan to pay off credit card debts or buy a car, the home is then collateral for the home equity loan and can be foreclosed on if the homeowner does not make payments on time. Top of Page What else should I know? It's always a sound practice to shop around for a loan, but don't fill out any applications until you've picked the company you definitely want to work with. Filling out too many applications may unduly harm your credit report. Before you sign on the dotted line, find out what kind of experience other consumers have had with your potential lenders. Check out lenders with the Better Business Bureau . The Office of Consumer Credit Commissioner regulates certain home equity lenders and offers a Consumer Helpline for credit-related questions at 800.538.1579. We can let you know about consumer complaints we have on file. To get more information about home equity issues or to request lender complaint files, visit our Consumer Assistance page. Other Helpful Resources Texas Office of the Attorney General Consumer Protection Hotline: 800.252.8011 Federal Trade Commission Consumer Response Center: 877.382.4357 U.S. Dept. of Housing & Urban Development Main number: 202.708.1112 State of Texas / TRAIL (Texas Records and Information Locator) Texas Finance Commission / Department of Information Resources Sunset Advisory Commission / Privacy Policy Open Records Requests En Español