Montana Real Estate License Law
Montana real estate practice is governed by the state's real estate license law (Title 37, Chapter 51) and enforced by the Board of Realty Regulation. This chapter covers who must be licensed, the salesperson-broker relationship, and enforcement.
The Board of Realty Regulation
The Board of Realty Regulation, within the Department of Labor and Industry, issues and regulates real estate licenses under Title 37, Chapter 51. Anyone who, for compensation, lists, sells, buys, leases, or negotiates real estate for others must be licensed unless an exemption applies, such as an owner dealing with their own property. The Board investigates complaints, adopts rules, and may deny, suspend, or revoke licenses.
Supervising Broker and Salesperson
A salesperson's license is valid only while the salesperson is licensed under and supervised by a licensed broker. Licensed activity is conducted for the supervising broker, who is responsible for supervision and trust funds. A salesperson may not accept compensation directly from a consumer; payment flows through the supervising broker. A licensee is licensed under one supervising broker at a time.
Enforcement and Discipline
The Board may discipline licensees for fraud, misrepresentation, dishonest dealing, commingling or converting trust funds, false advertising, and other violations of the license law or rules. Sanctions range from reprimands and fines to suspension or revocation after notice and an opportunity for a hearing. Protecting the public is a central purpose of the license law.