Real Estate Practice in Utah
Utah practice centers on the state-approved Real Estate Purchase Contract, trust accounts maintained by the principal broker, and disclosure of known material facts. This chapter covers the standard contract, trust money, and disclosure duties.
The Real Estate Purchase Contract
Utah sales agents typically use the state-approved Real Estate Purchase Contract (REPC) and Division-approved forms to write residential offers. Licensees may fill in these standard forms but may not practice law by drafting complex custom provisions. Using the approved forms correctly protects consumers and keeps the licensee within the scope of a real estate license.
Trust Accounts and Earnest Money
Client funds such as earnest money must be handled through the brokerage's real estate trust account, which the principal broker maintains. A sales agent who receives money must deliver it promptly to the principal broker for deposit, and trust funds must be kept separate from personal and business funds. Commingling or converting trust money is a serious violation of Utah license law.
Disclosure of Material Facts
Utah licensees must disclose known material facts about a property that could affect a reasonable party's decision, and sellers commonly complete a seller's property condition disclosure for residential sales. Licensees must deal honestly with all parties and must not conceal or misrepresent known defects. Honest disclosure protects consumers and limits the licensee's liability.