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24.210.611    APPLICATION FOR LICENSE -- SALESPERSON AND BROKER

(1) Applicants for license must make application on forms approved by the board and accompanied by the required fee, and must include a recent 2" x 2" photograph for identification of the applicant.

(2) No application for license will be accepted by the board until the individual has made application for and successfully completed the examination, except as allowed by ARM 24.210.610.

(3) All individuals successfully completing the examination must apply for licensure within 12 months from the date of examination. Failure to make application within that time shall invalidate the examination results.

(4) If an applicant currently holds, or has ever held a real estate license in another jurisdiction, a certified license verification from that licensing jurisdiction is required before a Montana license will be issued.

(5) In addition to (1) through (4), all applicants for licensure as a salesperson must:

(a) submit proof of completing 60 hours of approved prelicensing education obtained within a period of 24 months immediately preceding the date of the submission of the application; and

(b) submit the proposed supervising broker's certification of the applicant's good repute and the broker's written acceptance of responsibility for supervising the licensed activities of the salesperson.

(6) In addition to (1) through (4), all applicants for licensure as a broker must:

(a) submit proof of completing 60 hours of approved prelicensing education obtained within a period of 18 months immediately preceding the date of the submission of the application; and

(b) submit for the purpose of determining if a broker applicant has been "actively engaged as a licensed real estate salesperson," evidence acceptable to the board that the salesperson has performed functions as a licensee as follows:

(i) 30 closed real estate property transactions in the last three years from the date of application for a residential applicant, no more than five of which can be leases;

(ii) ten closed real estate transactions within the last three years for an agricultural, farm, ranch, or commercial applicant. No more than two commercial transactions other than listings and/or sales may be used; or

(iii) a combination of (6)(b)(i) and (ii).

(iv) Upon furnishing evidence satisfactory to the board, an applicant may receive credit for both sides of a transaction.

(c) The experience required by (6)(b) must be legally obtained while licensed as a real estate licensee in this state, or licensed in another jurisdiction.

(d) Closed real estate transactions of property owned by the applicant, by a corporation, partnership, trust, or other entity in which the applicant has an interest or by such an entity which employed the applicant as an employee, shall not qualify as experience under (6)(b), or under 37-51-302 , MCA.

(e) In order for a listing to be considered a closed real estate transaction, the listing must have sold.

History: 37-1-131, 37-51-203, MCA; IMP, 37-1-131, 37-51-202, 37-51-302, MCA; NEW, 1990 MAR p. 1156, Eff. 6/15/90; AMD, 1992 MAR p. 2274, Eff. 10/16/92; AMD, 1993 MAR p. 1909, Eff. 8/13/93; AMD, 1995 MAR p. 2397, Eff. 11/10/95; AMD, 1999 MAR p. 405, Eff. 3/12/99; AMD, 2002 MAR p. 2905, Eff. 10/18/02; TRANS, from Commerce, 2005 MAR p. 2455; AMD, 2007 MAR p. 1329, Eff. 9/7/07.

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