Additional Utah State Topics
The outline gives this area 8 to 10 of the 90 state items and prints nine lettered subtopics, so a bank that carries one question for each covers the printed list exactly. They range across four other titles of the Utah Code.
Fractionalized Estates, Timeshares, and Water
Utah Code Section 57-29-102(8) defines an undivided fractionalized long-term estate as an ownership interest held by two or more persons as a tenancy in common or a fee estate, and expressly excludes a joint tenancy; Section 57-29-103 makes the chapter inapplicable to property under the Timeshare and Camp Resort Act. Rule R162-2f-307 requires a licensee marketing such an interest to obtain from the sponsor, and give each prospective purchaser in writing before purchase, the sponsor's qualifications, material lease information, the tenant in common agreement, a description of improvements, known defects and environmental issues, and a preliminary title report. Under Section 57-19-12, a timeshare or camp resort purchaser may cancel by written notice delivered or postmarked by midnight of the fifth business day after signing, excluding the signing day, with a refund due within 30 days. On water, Section 73-1-1 declares all waters in the state the property of the public, Section 73-1-3 makes beneficial use the basis, the measure, and the limit of the right, and Section 73-3-1(5) makes the first appropriator in time first in right while Subsection (6) forbids acquiring water by adverse use. Section 73-1-10(1) requires a water right to be transferred by deed in substantially the same manner as real estate and recorded in the county of diversion and the county of use. Section 73-1-11(1) passes an appurtenant water right to the grantee of the land unless the grantor reserves or separately conveys it, but Subsection (4)(a) provides that the right to use water evidenced by shares of stock in a corporation is not appurtenant to land and transfers as a security.
Construction Liens and the Residence Lien Recovery Fund
Utah recodified its mechanics' lien law into Title 38, Chapter 1a, Preconstruction and Construction Liens. Section 38-1a-501(1)(a) requires a person who wants to claim a construction lien to file a preliminary notice with the State Construction Registry no later than 20 days after commencing construction work, and Subsection (1)(e) denies the lien to a person who does not; Section 38-1a-503(1) relates the lien back to the first preliminary notice filing. Section 38-1a-502(1)(a) requires the notice of construction lien to be recorded within 180 days after final completion of the original contract, or within 90 days after a notice of completion is filed but not later than 180 days after final completion, and Section 38-1a-701(2)(a) requires the action to enforce it within 180 days of that filing. Title 38, Chapter 11 is the Residence Lien Restriction and Lien Recovery Fund Act. Section 38-11-107(1)(a) bars a subcontractor from maintaining a lien against an owner-occupied residence, or recovering a judgment against the owner, where the owner met the conditions in Section 38-11-204(4)(a) and (b) — a written contract with a licensed or exempt original contractor, and payment of that contractor in full — and shifts the unpaid claimant to the Residence Lien Recovery Fund created by Section 38-11-201. Section 38-11-103 puts that fund under the Division of Professional Licensing, not the Division of Real Estate.
Property Taxes, Foreclosure, the Offender Registry, and Stigmatized Property
Section 59-2-103(2) assesses all tangible taxable property at fair market value as valued on January 1, and Subsection (3) allows residential property a residential exemption equal to a 45% reduction in value, limited by Subsection (5) to one acre of land per residential unit and by Subsection (6)(a) to one primary residence per household. Section 59-2-1331(1)(a) makes property taxes due on November 30 of each year following the date of levy, with a penalty under Subsection (2)(a) of 2.5% of the delinquency or $10, reduced to 1% if everything is paid by the following January 31. Utah forecloses trust deeds nonjudicially: Section 57-1-24 bars the trustee from exercising the power of sale until a notice of default is recorded and not less than three months has elapsed, after which Section 57-1-25 requires the notice of sale to be published three times, once a week for three consecutive weeks with the last publication 10 to 30 days before the sale, and posted at least 20 days before. The offender registry moved: it is now the Sex, Kidnap, and Child Abuse Offender Registry in Title 53, Chapter 29, and Section 53-29-102(2) states that the chapter creates no duty on any individual to request or obtain registry information. Finally, Section 57-1-37 provides that failing to disclose that a property is stigmatized is not a material fact that must be disclosed, and that neither the owner nor the owner's agent is liable for the silence; Section 57-1-1(8) defines what stigmatized means.
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State-specific details
State exam facts
- State regulator
- Utah Division of Real Estate (Dept. of Commerce)
- Exam vendor
- Pearson VUE
- Prelicensing education
- 120 hours (30-hour Utah Law + 45-hour Broker Principles + 45-hour Broker Practices)
- Passing score
- Scaled score of 75 on each portion (not a percentage)
- Scored questions
- 170
- Time limit
- 240 minutes
Who regulates real estate brokers in Utah?
The Utah Division of Real Estate, within the Department of Commerce, licenses brokers, associate brokers and sales agents under the Real Estate Licensing and Practices Act (Utah Code Title 61, Chapter 2f) and the R162-2f rules. The Division contracts with Pearson VUE to deliver the licensing exams.
What experience do I need before the Utah broker exam?
Utah Code § 61-2f-203(1)(f) requires three years' full-time experience as a sales agent or the equivalent. Rule R162-2f-202b(1)(f) defines the equivalent and adds a second test: within the five years before you apply, either three years of full-time licensed active experience, or two years of it plus one year of full-time professional real estate experience from the rule's Appendix 3 table, AND at least 60 documented experience points, submitted in a package of 60 to 80 points, with at least half of the Table 1 and Table 2 points from Utah properties. The education is 120 hours of approved broker prelicensing (45 Broker Principles, 45 Broker Practices, 30 Utah Law).
How is the Utah broker exam structured?
170 scored questions in two separately scored portions: an 80-question national/general portion and a 90-question Utah state portion, taken in one 4-hour session, plus 5 unidentified pretest items on the national portion and 5 to 10 on the state portion. The Utah broker state portion is nearly twice the 50-item salesperson state portion, so salesperson material does not cover it. You must pass both portions; if you pass one and fail the other, Rule R162-2f-202b(5) gives you six months from the passed component to retake and pass the failed one.
What score do I need to pass the Utah broker exam?
A scaled score of 75 on the general portion and 75 on the state portion. The Pearson VUE candidate handbook is explicit that this is a scaled score and that the number reported to you "is neither the number of questions you answered correctly nor the percentage of questions you answered correctly" — so 75 is not 75%. Salesperson candidates are held to 70 on each portion.
What does the Utah broker state portion actually test?
Pearson VUE's Utah broker outline (document #094502, state outline effective July 15, 2016) divides the 90 state items into eight areas, each published as a range: Definitions (5-7), Licensing (15-17), Licensee Practice (33-35), Disciplinary Action (9-11), Real Estate Recovery Fund (2-3), Additional Utah State Topics (8-10), Property Management (4-6) and Closing Statements (6-8). Licensee Practice alone is about a third of the state exam, and its heaviest subtopic is the role of the broker — supervision and trust accounts.
Sources: https://realestate.utah.gov, https://www.pearsonvue.com/content/dam/VUE/vue/en/documents/publications/094502.pdf, https://www.pearsonvue.com/content/dam/VUE/vue/en/documents/publications/094500.pdf, https://le.utah.gov/xcode/Title61/Chapter2F/61-2f.html, https://adminrules.utah.gov/public/rule/R162-2f/Current%20Rules
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