Legal Library

Division Of Real Estate Newsletter – Second Quarter 2019

April 1, 2020

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National Do Not Call Registry (Advertising): Pages 1-3 talk about how it is a somewhat common occurrence to hear about Real Estate Agents cold calling individuals as a form of advertising and expanding clientele. While cold calling is perfectly legal, there are a few things people should keep in mind when practicing this, in regards to Utah law, like whether or not the purpose of your calling would require you to be registered with the Division of Consumer Protection, the requirement to disclose licensee status in most interactions, advertising limits that come with using a personal assistant, etc. As far as federal law goes, it is important to check the national registry at least every 31 days. Also, a Q&A is provided regarding solicitation put out by the Federal Trade Commission: https://www.ftc.gov/tips-advice/business-center/guidance/qa-telemarketers-sellers-about-dnc-provisions-tsr.

Kagie’s Korner (Ethics – Limitations of Transaction Coordinators and Personal Assistants): (Pages 18 & 19) This edition talks about some of the requirements and restrictions that come along with transaction coordinators and personal assistants to brokers or agents. It mainly talks about how the actions of coordinators or assistants cannot include anything that requires them to be licensed. For more specifics, it references rules R162-2f-401g (Use of Personal Assistants), 61-2f-305 (Restrictions on Commissions), R162-2f-401a (Affirmative Duties Required of all Licensed Individuals), and 61-2f-401 (Grounds for Disciplinary Action).

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