Idaho Code
Chapter 20 - IDAHO REAL ESTATE LICENSE LAW
Section 54-2065 - PENALTY FOR ACTING AS A BROKER OR SALESPERSON WITHOUT LICENSE.

54-2065. PENALTY FOR ACTING AS A BROKER OR SALESPERSON WITHOUT LICENSE. Any person acting as a real estate broker or real estate salesperson within the meaning of this chapter without a license as herein provided shall be guilty of a misdemeanor and, upon conviction thereof, if a natural person, be punished by a fine of not to exceed five thousand dollars ($5,000) or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment in the discretion of the court; or if a limited liability company or corporation, by a fine of not to exceed ten thousand dollars ($10,000). Additionally, the court may assess a civil penalty against a natural person in an amount not to exceed five thousand dollars ($5,000) and against a limited liability company or corporation in an amount not to exceed ten thousand dollars ($10,000). All civil penalties shall be credited to the occupational licenses fund.

History:
[54-2065, added 2000, ch. 285, sec. 3, p. 948; am. 2021, ch. 224, sec. 52, p. 677.]

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.