54-2060. GROUNDS FOR DISCIPLINARY ACTION. A person found guilty of misconduct while performing or attempting to perform any act requiring an Idaho real estate broker or salesperson’s license, regardless of whether the act was for the person’s own account or in his capacity as broker or salesperson, shall be subject to disciplinary action by the commission. The following acts shall constitute misconduct within the meaning of this section:
(1) Making fraudulent misrepresentations;
(2) Engaging in a continued or flagrant course of misrepresentation or making of false promises, whether done personally or through agents or salespersons;
(3) Failure to account for or remit any property, real or personal, or moneys coming into the person’s possession which belong to another;
(4) Failure to keep adequate records of all property transactions in which the person acts in the capacity of real estate broker or salesperson;
(5) Failure or refusal, upon lawful demand, to disclose any information within the person’s knowledge, or to produce any documents, books or records in the person’s possession for inspection by the commission or its authorized representative;
(6) Acting as a real estate broker or salesperson under an assumed name;
(7) Employment of fraud, deception, misrepresentation, misstatement or any unlawful means in applying for or securing a license to act as a real estate broker or salesperson in the state of Idaho;
(8) Using, proposing to use, or agreeing to use a "double contract" as prohibited in section 54-2054(5), Idaho Code;
(9) Seeking or receiving a "kickback" or rebate prohibited in section 54-2054(6), Idaho Code;
(10) Violation of any provision of sections 54-2001 through 54-2097, Idaho Code, or any administrative rule made or promulgated by the commission or any final order of the commission;
(11) Any other conduct whether of the same or a different character than hereinabove specified which constitutes dishonest or dishonorable dealings;
(12) Gross negligence or reckless conduct in a regulated real estate transaction. Conduct is grossly negligent or reckless if, when taken as a whole, it is conduct which substantially fails to meet the generally accepted standard of care in the practice of real estate in Idaho.
History:
[54-2060, added 2000, ch. 285, sec. 3, p. 946.]
Structure 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 54-2004 - 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 54-2017 - COOPERATIVE LICENSES.
Section 54-2019 - DENIAL OF LICENSE APPLICATIONS.
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 54-2063 - 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 54-2075 - 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 54-2080 - RECORDS — DISCLOSURE TO PUBLIC.
Section 54-2082 - SHORT TITLE.
Section 54-2083 - DEFINITIONS.
Section 54-2084 - BROKERAGE AGENCY RELATIONSHIPS — CREATION.
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.