The terms used in this chapter shall have their common meaning as used in the real estate industry, and, unless the context otherwise requires, the following meanings shall also apply:

(1) "Act" shall include a failure to act;

(2) "Advertising" means information in whatever form used to promote real property for sale, lease, rent, exchange or purchase or to promote the brokerage or sales services of a licensee, except that the dissemination of property data to an individual prospective buyer at the individual's request shall not be deemed advertising for the purpose of this rule;

(3) "Agency" or "agency relationship" shall include those relationships which are expressed in 37-51-102 and 37-51-313 , MCA, and specifically do not include the common law of agency;

(4) "Agent" shall include sub-agent;

(5) "Agricultural," "farm" and "ranch" shall include real estate parcels over 30 acres in size principally used for, or capable and intended for use in, the production of plant or animal crops;

(6) "Buy" or "buyer" shall include purchase, purchaser, lease, lessee and like terms;

(7) "Commercial property" shall include real estate that is principally used for, or capable and intended for use in, the production, distribution or sale of goods or services, and any real estate which has over four residential units when transferred as a group of units;

(8) "Distance education" is a course or courses in which the instruction does not take place in a traditional classroom setting but rather through other media where the teacher and student are separated by distance and sometimes by time;

 

 

 

(9) "Internet" means the internet, the world wide web or internet-based electronic information distribution networks and any derivative delivery systems or evolutions of such delivery systems that may be connected to individual computers, terminals and other consumer electronic interface devices through which information is delivered via computer servers connected via phone lines or other cable, wire, fiber, wireless or other analogous linkages to a computer, computer network or networks, including but not limited to web pages, e-mail, news groups, discussion lists, bulletin boards, instant messaging, chat rooms, voice over net, multi-media advertising, links and/or banner advertisements;

(10) "Internet advertising" means advertising conducted via the internet;

(11) "Licensee" shall include broker and salesperson;

(12) "Licensee identification" as used in this chapter means a written disclosure of the licensee's name or brokerage company and that the advertisement is made by a real estate licensee;

(13) "Managing broker" is a broker who has been designated by other brokers of a real estate brokerage company to be the broker with the authority for the maintenance of a trust account, if any.

(14) "Principal" shall include the seller or buyer with whom the agent has a contract;

(15) "Residential property" shall include real estate having four or less units that are principally used for, or capable and intended for use as, residences, and any single unit in a group of units when transferred as a single unit;

(16) "Seller" shall include vendor, lessor and like terms;

(17) "Supervising broker" is a broker who is responsible for supervision and training of one or more licensed salespersons, pursuant to 37-51-302 , MCA.

(18) "Supervision" shall include substantially day-to-day, active overseeing;

(19) "Third party" shall include any person in a transaction who is not the principal or agent in any agency relationship.