HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
This is an obsolete version of the rule. Please click on the rule number to view the current version.

24.210.660    PRELICENSING EDUCATION -- SALESPERSONS AND BROKERS

(1) Request for approval of a prelicensing education course and instructor approval must be made on forms approved by the board and submitted 60 days prior to the initial course offering date.

(2) Expiration of course approval or instructor approval is three years from the date of approval, but may be revoked for cause.

(3) Distance education courses may be approved if the board determines that:

(a) an appropriate and complete application has been filed and approved by the board;

(b) the distance education course meets the content requirements as established under this rule;

(c) the distance education course provider must be certified by the Association of Real Estate License Law Officials (ARELLO) and provide appropriate documentation that the ARELLO certification is in effect. Approval will cease immediately should ARELLO certification be discontinued for any reason; and

(d) the distance education course meets all other requirements as prescribed in the statutes and rules that govern the operation of approved courses.

(4) Advanced nationally recognized designation courses may be submitted and may be approved in part to fulfill specific topics of the broker prelicensing education requirement.

(5) Instructors teaching more than 25 percent of a prelicensing course must be approved by the board as prelicensing instructors.

(6) The course provider is responsible for the actions and representations of all instructors who aid or assist in the instruction of the prelicensing education course.

(7) No more than eight hours of instruction may be offered per day. Examination time does not count as hours of instruction.

(8) Approved instructors must have:

(a) a bachelor's degree in a field traditionally associated with the subject matter being taught; or

(b) advanced training on instruction methods and adult learning; and

(c) one year's experience in real estate education.

(9) Prelicensing course to obtain a sales license must consist of the following topics:

(a) practices, principles, and essentials of real estate;

(b) real estate law;

(c) taxation;

(d) construction and land development;

(e) property management and leasing;

(f) ethics and standards of practice;

(g) estimating closing costs, escrow, and closing and settlement practices;

(h) finance;

(i) hazardous waste or environmental issues;

(j) agency;

(k) contract law and documents;

(l) state rules and regulations;

(m) forms of ownership;

(n) title and transfer of title;

(o) recording acts;

(p) negligence or misrepresentation (risk management);

(q) real estate security instruments;

(r) fair housing;

(s) Regulation Z; and

(t) landlord tenant law.

(10) Effective January 1, 2003, the 60 hours of board approved broker prelicensing education will consist of the following modules:

(a) business management;

(b) contracts;

(c) financial management;

(d) liability pertaining to real estate practice;

(e) professional conduct; and

(f) property management.

(11) Courses must be designed so that no more than ten minutes per hour are allowed for breaks in instruction. Break time may be accumulated and used in blocks at the instructor's discretion.

(12) The applicant must attend 90 percent of each hour of the approved course time in order to receive credit for attendance.

(13) A board representative may, at no charge, audit all board-approved courses for rule compliance.

History: 37-1-131, 37-51-202, 37-51-203, MCA; IMP, 37-51-203, 37-51-302, MCA; NEW, 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.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security