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24.210.601    GENERAL LICENSE ADMINISTRATION REQUIREMENTS

(1) At any time that a salesperson's association with the supervising broker is terminated, the license of the salesperson shall be immediately mailed, by the broker, to the board office with a letter noting the termination.

(2) No dispute between a salesperson and the supervising broker shall be cause for failing to immediately mail the license of the salesperson to the board office.

(3) When required in writing to do so by a salesperson formerly associated with a supervising broker, the supervising broker shall promptly provide the former salesperson with a certified statement on the form prescribed by the board identifying all real estate transactions in which the salesperson was involved in connection with the salesperson's association with the supervising broker within the preceding three years.

(4) Upon termination of a salesperson's association with his or her supervising broker, the supervising broker shall immediately notify all principals as to the listings or pending transactions in which the salesperson was involved, that the salesperson is no longer affiliated or associated with the supervising broker.

(5) Listings and pending transactions of a salesperson are the responsibility of the supervising broker upon termination of an association.

(6) The supervising broker is responsible for the salespersons under his or her supervision for the salespersons' performance as real estate licensees. For any complaints submitted to the Board of Realty Regulation alleging improper conduct on the part of a salesperson, a screening panel shall notify the salesperson's supervising broker that a complaint has been filed by providing a copy of the complaint to the supervising broker.

 

 

 

(7) The supervising broker must provide ongoing training in the area of real estate activity to all salespersons under his/her supervision. Managing brokers are not responsible to provide training or ongoing supervision of brokers whom they employ or are associated as independent contractors.

(8) All listings obtained by a salesperson must be reviewed, signed and dated by the supervising broker before the listing is effective.

(9) The supervising broker has the responsibility to exercise adequate supervision to assure that all documents for a real estate transaction prepared by a salesperson under his/her supervision are appropriately prepared and executed.

(10) A broker shall not sign the application of a salesperson unless the broker and salesperson will be in lawful association, through employment contract or otherwise.

(11) A broker shall notify the board office upon any changes of the broker's business address.

History: 37-1-131, 37-51-203, MCA; IMP, 37-51-202, 37-51-203, 37-51-308, 37-51-309, MCA; NEW, 1990 MAR p. 1156, Eff. 6/15/90; 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.

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