Idaho Code
Chapter 20 - IDAHO REAL ESTATE LICENSE LAW
Section 54-2038 - DESIGNATED BROKER — GENERAL RESPONSIBILITIES — BROKER PRICE OPINIONS.

54-2038. DESIGNATED BROKER — GENERAL RESPONSIBILITIES — BROKER PRICE OPINIONS. The requirement that each brokerage company be maintained and conducted in compliance with the Idaho real estate license law and the Idaho real estate brokerage representation act is the responsibility of its designated broker. The designated broker is responsible for the actions of its licensees and associated unlicensed persons performed within the course and scope of their employment or agency, regardless of the location of the company’s business or where representation is conducted.
(1) A designated broker is required to:
(a) Supervise and control, in the manner required by law and rule, all office locations, and the activities of all licensees and unlicensed persons associated with that brokerage company or for whom that designated broker is responsible;
(b) Review and approve all real estate agreements including, but not limited to, those related to listing, selling or purchasing property and brokerage representation agreements;
(c) Be reasonably available to manage and supervise the brokerage company during regular business hours and will maintain adequate, reasonable, and regular contact with sales associates engaged in real estate transactions so as to prevent or curtail practices by a licensee that would violate any provision of this chapter; and
(d) Be reasonably available to the public during business hours in order to discuss or resolve complaints and disputes that arise during the course of real estate transactions in which the designated broker or his sales associate is involved.
(2) A broker who is otherwise qualified to do business in Idaho, but is not able to manage and supervise according to this section, may be licensed as a "limited broker" in Idaho and shall not have any sales associates licensed under that broker.
(3) An actively licensed salesperson or broker may, in the ordinary course of business, give an opinion of the price of real estate for the purpose of a prospective listing or sale. Only an actively licensed broker or associate broker may prepare and render a broker price opinion, as defined in this chapter. An associate broker who prepares and renders a broker price opinion shall notify the designated broker, and the associate broker may not accept any fee except through the designated broker. Any licensee who renders a price opinion that does not comply with this subsection or with the requirements of section 54-4105, Idaho Code, is subject to discipline by the commission.
(4) A designated broker shall not allow any person who is not properly licensed to represent that broker as a sales associate, or otherwise, in any real estate business activities requiring a real estate license. "Properly licensed" means a license or a change in license that has been made effective by the commission.

History:
[54-2038, added 2000, ch. 285, sec. 3, p. 931; am. 2011, ch. 108, sec. 2, p. 278; am. 2020, ch. 106, sec. 1, p. 286.]

Structure Idaho Code

Idaho Code

Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES

Chapter 20 - IDAHO REAL ESTATE LICENSE LAW

Section 54-2001 - SHORT TITLE.

Section 54-2002 - LICENSURE REQUIRED.

Section 54-2003 - EXCEPTIONS TO LICENSURE — ACTIVE LICENSEES — TRANSACTIONS INVOLVING PERSONAL PROPERTY.

Section 54-2004 - DEFINITIONS.

Section 54-2005 - THE IDAHO REAL ESTATE COMMISSION.

Section 54-2006 - QUALIFICATIONS OF COMMISSIONERS — TERM AND ORGANIZATION.

Section 54-2007 - COMPENSATION, POWERS AND DUTIES OF COMMISSION.

Section 54-2008 - ESTABLISHMENT OF IDAHO REAL ESTATE EDUCATION COUNCIL.

Section 54-2009 - COUNCIL APPOINTMENT, QUALIFICATIONS AND TERM.

Section 54-2010 - COMPENSATION.

Section 54-2011 - TYPES OF LICENSES.

Section 54-2012 - MINIMUM REQUIREMENTS FOR AN INDIVIDUAL PRIMARY IDAHO LICENSE.

Section 54-2013 - ERRORS AND OMISSIONS INSURANCE.

Section 54-2014 - LICENSE EXAMS.

Section 54-2015 - INDIVIDUALS ACTIVELY LICENSED IN ANOTHER STATE OR JURISDICTION SEEKING PRIMARY IDAHO LICENSURE.

Section 54-2016 - PRIMARY IDAHO LICENSES FOR LEGAL BUSINESS ENTITIES, SOLE PROPRIETORSHIPS AND BRANCH OFFICES — ADDITIONAL REQUIREMENTS.

Section 54-2017 - COOPERATIVE LICENSES.

Section 54-2018 - LICENSE RENEWALS — INACTIVE LICENSE STATUS — PERSONAL CHANGES — EFFECTIVE DATES — FEES NONREFUNDABLE.

Section 54-2019 - DENIAL OF LICENSE APPLICATIONS.

Section 54-2020 - FEES.

Section 54-2021 - OCCUPATIONAL LICENSES FUND — RECEIPTS AND DISBURSEMENTS.

Section 54-2022 - REAL ESTATE EDUCATION — PRELICENSE REQUIREMENTS.

Section 54-2023 - CONTINUING EDUCATION REQUIREMENTS.

Section 54-2024 - PURPOSE OF CERTIFICATION.

Section 54-2025 - CERTIFICATION REQUIREMENTS.

Section 54-2026 - CERTIFICATION OF COURSE PROVIDERS.

Section 54-2027 - DUTIES AND REQUIREMENTS OF ALL CERTIFIED COURSE PROVIDERS.

Section 54-2028 - TERM OF PROVIDER CERTIFICATION AND RENEWAL.

Section 54-2029 - NOTICE OF POTENTIAL EXPIRATION OF CERTIFICATION.

Section 54-2030 - EXPIRATION OR WITHDRAWAL OF PROVIDER CERTIFICATION — NOTICE TO STUDENTS.

Section 54-2031 - WITHDRAWAL OF IDAHO CERTIFICATION FOR CAUSE — PROCESS.

Section 54-2032 - CERTIFICATION OF INSTRUCTORS.

Section 54-2033 - INSTRUCTOR QUALIFICATIONS.

Section 54-2034 - SPECIAL CONSIDERATION — DISCRETION OF THE COMMISSION.

Section 54-2035 - TERM OF INSTRUCTOR CERTIFICATION AND RENEWAL.

Section 54-2036 - CERTIFICATION OF COURSES AND COURSE CONTENT.

Section 54-2037 - TERM OF COURSE CERTIFICATION AND RENEWAL.

Section 54-2038 - DESIGNATED BROKER — GENERAL RESPONSIBILITIES — BROKER PRICE OPINIONS.

Section 54-2039 - BROKER AND BRANCH MANAGER.

Section 54-2040 - MAIN OFFICE OR BUSINESS LOCATION.

Section 54-2041 - TRUST ACCOUNTS AND ENTRUSTED PROPERTY.

Section 54-2042 - CREATION OF NONINTEREST-BEARING TRUST ACCOUNTS — REQUIREMENTS.

Section 54-2043 - INTEREST-BEARING TRUST ACCOUNTS.

Section 54-2044 - TRUST ACCOUNT RECORDKEEPING — FORMAT OF RECORDS REQUIRED.

Section 54-2045 - TRUST ACCOUNT DEPOSITS AND RECEIPT OF CONSIDERATION.

Section 54-2046 - TRUST ACCOUNT DISBURSEMENTS.

Section 54-2047 - DISPUTED EARNEST MONEY.

Section 54-2048 - RESPONSIBLE BROKER FOR THE TRANSACTION — DUTIES AND RECORDKEEPING.

Section 54-2049 - RECORD RETENTION SCHEDULES.

Section 54-2050 - BROKERAGE REPRESENTATION AGREEMENTS — REQUIRED ELEMENTS.

Section 54-2051 - OFFERS TO PURCHASE.

Section 54-2052 - ELECTRONICALLY GENERATED AGREEMENTS.

Section 54-2053 - ADVERTISING.

Section 54-2054 - COMPENSATION, COMMISSIONS AND FEES — PROHIBITED CONDUCT.

Section 54-2055 - LICENSEES DEALING WITH THEIR OWN PROPERTY.

Section 54-2056 - TERMINATING OR CHANGING LICENSED BUSINESS RELATIONSHIPS.

Section 54-2057 - DEATH OR INCAPACITY OF A DESIGNATED BROKER.

Section 54-2058 - AUTHORITY TO INVESTIGATE AND DISCIPLINE.

Section 54-2059 - DISCIPLINARY POWERS — REVOCATION, SUSPENSION OR OTHER DISCIPLINARY ACTION.

Section 54-2060 - GROUNDS FOR DISCIPLINARY ACTION.

Section 54-2061 - ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION — COURT ACTIONS — LICENSEE TO REPORT TO COMMISSION.

Section 54-2062 - ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION — OTHER ADMINISTRATIVE ACTIONS — LICENSEE TO REPORT TO COMMISSION.

Section 54-2063 - DISCIPLINARY PROCEDURE AND REVIEW OF AGENCY ACTION.

Section 54-2064 - PROOF OF COMPLAINT — PROSECUTION BY COUNTY PROSECUTING ATTORNEY.

Section 54-2065 - PENALTY FOR ACTING AS A BROKER OR SALESPERSON WITHOUT LICENSE.

Section 54-2066 - INJUNCTIVE RELIEF.

Section 54-2067 - CEASE AND DESIST ORDERS.

Section 54-2068 - WITNESSES — DEPOSITIONS — FEES — SUBPOENAS.

Section 54-2069 - REAL ESTATE RECOVERY FUND ESTABLISHED.

Section 54-2070 - AUGMENTATION OF FUND.

Section 54-2071 - RECOVERY FROM FUND — PROCEDURE — GROUNDS — AMOUNT — HEARING.

Section 54-2072 - COMMISSION MAY ANSWER PETITION — COMPROMISE OF CLAIMS.

Section 54-2073 - COURT ORDER REQUIRING PAYMENT FROM RECOVERY FUND.

Section 54-2074 - AUTOMATIC SUSPENSION OF BROKER’S, ASSOCIATE BROKER’S OR SALESPERSON’S LICENSE ON PAYMENT BY COMMISSION — CONDITION FOR LICENSE REINSTATEMENT.

Section 54-2075 - ORDER OF PAYMENT OF CLAIMS IF RECOVERY FUND BALANCE INSUFFICIENT — INTEREST.

Section 54-2076 - COMMISSION’S RIGHT TO SUBROGATION.

Section 54-2077 - WAIVER OF RIGHTS.

Section 54-2078 - DISCIPLINARY ACTION AGAINST LICENSEES NOT RESTRICTED FOR VIOLATIONS OF LAW OR RULES.

Section 54-2079 - TERMINATION OF SALES ASSOCIATE FOR VIOLATION OF DISCIPLINARY PROVISIONS — STATEMENT TO BE FILED WITH COMMISSION.

Section 54-2080 - RECORDS — DISCLOSURE TO PUBLIC.

Section 54-2082 - SHORT TITLE.

Section 54-2083 - DEFINITIONS.

Section 54-2084 - BROKERAGE AGENCY RELATIONSHIPS — CREATION.

Section 54-2085 - DISCLOSURE AND WRITING REQUIREMENTS — AGENCY DISCLOSURE BROCHURE AND REPRESENTATION CONFIRMATION.

Section 54-2086 - DUTIES TO A CUSTOMER.

Section 54-2087 - DUTIES TO A CLIENT.

Section 54-2088 - LIMITED DUAL AGENCY AND ASSIGNED AGENCY PERMITTED.

Section 54-2089 - BROKER COMPENSATION.

Section 54-2091 - DURATION OF AGENCY RELATIONSHIP.

Section 54-2092 - DUTIES AND OBLIGATIONS OWED AFTER TERMINATION OF REPRESENTATION.

Section 54-2093 - VICARIOUS LIABILITY ABOLISHED.

Section 54-2094 - REPRESENTATION NOT FIDUCIARY IN NATURE.

Section 54-2095 - CONFLICTS WITH OTHER LAW.

Section 54-2096 - SEVERABILITY.

Section 54-2097 - RULEMAKING AUTHORITY OF THE COMMISSION.