Utah Real Estate Sales Agent Exam — All Questions

To qualify for a Utah sales agent license, an applicant must first complete:

• a.A four-year college degree in real estate
• b.The required 120-hour pre-license course from an approved provider✓
• c.A 45-hour pre-license course
• d.A two-year apprenticeship under a broker

Utah requires an applicant to complete the required 120-hour pre-license course from an approved provider before taking the sales agent licensing examination. Applicants must also pass a background check and, after passing the exam, affiliate with a principal broker to activate the license.

Utah has no statute requiring a home seller to complete a state property-condition disclosure form. One condition Utah statute does require a seller to disclose is:

• a.Every repair the seller has made in the previous five years
• b.Any past radon testing
• c.Known current methamphetamine contamination✓
• d.Whether the roof is still under a manufacturer's warranty

Utah imposes no statutory seller property-condition disclosure form. What the statute does require is that an owner or lessor with actual knowledge that the property is currently contaminated from the use, storage or manufacture of methamphetamine disclose that in a lease, conveyance or related transaction. The property-condition form buyers usually see is called for by the state-approved purchase contract, not by statute. Cite: Utah Code 57-27-201(1); Utah Admin. Code R162-2f-401f(1).

A Utah house was the site of a suicide two years ago and no one asks the seller's agent about it. Utah law treats the fact that the house is stigmatized as:

• a.A material fact that must be disclosed to any buyer
• b.Confidential unless the buyer asks a direct question
• c.Disclosable only if the seller gives written permission
• d.Not a material fact, and no basis for liability✓

Utah statute says the failure of an owner to disclose that 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 failing to disclose it. Stigmatized is defined to cover a homicide, other felony or suicide site, the dwelling of a person infected or suspected of being infected with HIV, and property that was contaminated and has since been decontaminated. Cite: Utah Code 57-1-37; 57-1-1(8).

A Utah seller who knows his house is methamphetamine-contaminated says nothing, and the buyer sues the listing agent, who never knew. Utah statute provides that the agent is:

• a.Liable jointly with the seller for the failure
• b.Not liable, because he is not the owner✓
• c.Liable for decontamination costs
• d.Liable if he ever visited the property himself

A real estate professional, meaning a licensee under Title 61, Chapter 2f, is not liable for an owner or lessor making or failing to make the methamphetamine disclosure, unless the professional is also the owner or lessor of the property. The licensee's own duty not to misrepresent a material fact he knows about is a separate matter. Cite: Utah Code 57-27-202; 57-27-102(4).

Before offering a Utah residential property for sale, a licensee must disclose in the listing agreement, and again to the buyer, the:

• a.Source relied on for the square footage used in marketing✓
• b.County assessor's most recent market value
• c.Total commission the seller has agreed to pay
• d.Name of every licensee who will hold an open house

Utah makes the square footage source an affirmative disclosure duty: it goes in the written agreement with the seller through which the licensee acquires the right to offer the property, and in a written disclosure given to the buyer at or before the seller's disclosure deadline under the contract. Cite: Utah Admin. Code R162-2f-401a(8).

The minimum age and minimum general education for a Utah real estate sales agent applicant are:

• a.21 years old, with a high school diploma or a GED
• b.18 years old, with two years of college credit
• c.18 years old, with a high school diploma or GED✓
• d.21 years old, with no general education minimum

Utah rules set the applicant's minimum age at 18 and require a high school diploma, a GED, or equivalent education the commission approves. The applicant must also evidence honesty, integrity, truthfulness, reputation and competency, which the Division and commission assess from criminal history, civil fraud judgments and professional discipline. Cite: Utah Admin. Code R162-2f-201(1)-(4).

A Utah applicant finishes the prelicensing course on June 1. The rules give the applicant, to pass both the state and national exam components:

• a.Six months from the date the course is completed
• b.Twelve months from the course completion date✓
• c.Twenty-four months from the course completion date
• d.No deadline, provided the application is filed later

Both components must be passed within 12 months of completing the prelicensing education. If the applicant passes one component and fails the other, the failed one must be retaken within six months of passing the first and still inside that 12-month window, and the licensure application is then due within 90 days of passing both. Cite: Utah Admin. Code R162-2f-202a(3).

To renew an active Utah sales agent license at the end of the FIRST license period, the licensee completes the Mandatory 3-Hour CE course, three more hours, and:

• a.Nine hours of core curriculum
• b.A second state licensing examination
• c.Twelve months of supervised transactions
• d.The 12-hour new sales agent course✓

Utah splits its continuing education requirement in two. The first renewal is the 12-hour new sales agent course plus the Mandatory 3-Hour CE course plus three more non-duplicative hours, 18 in total. Every renewal after that is 18 non-duplicative hours including at least nine core hours, three of which are the Mandatory 3-Hour CE course. Cite: Utah Admin. Code R162-2f-204(2)(b)(i)-(ii); Utah Code 61-2f-204(2)(a)(ii).

A Utah sales agent who wants to apply for a principal broker or associate broker license must first have:

• a.Three years of full-time experience, or its equivalent✓
• b.Two years of full-time experience under one broker
• c.Five years of experience and a bachelor's degree
• d.One year of experience plus 120 class hours

Three years' full-time experience as a sales agent or the equivalent is required before an applicant may apply for and secure a principal broker or associate broker license. The commission sets by rule when experience or special education in similar fields substitutes, and an applicant relicensed after a revocation gets no credit for experience earned before it. Cite: Utah Code 61-2f-203(1)(f), (5)(b).

The principal broker of a Utah brokerage dies unexpectedly. The Division may inactivate the brokerage's registration if a replacement is not in place within:

• a.Five business days of the death
• b.Thirty calendar days of the death
• c.Fourteen days of the death✓
• d.The end of the current license period

The Division may inactivate a real estate brokerage's registration if, on the death or incapacity of its principal broker, the brokerage fails to replace the principal broker within 14 days, and affiliated licensees must stop licensed activity until a new or acting principal broker is in place. An acting principal broker may not take on new clients or run the brokerage for more than four months. Cite: Utah Admin. Code R162-2f-202e(1), (4), (7).