Title 43, Chapter 40, Section 18
( 43-40-18)
(a) Licensees who operate from more than one place of business shall comply with all local business ordinances affecting their business operations; provided, however, that no provision of this subsection shall be construed as altering the provisions of Code Section 48-13-17. (b) A real estate broker or qualifying broker shall be held
responsible for any licensee whose license is affiliated with such
broker's firm should such licensee violate any of the provisions of
this chapter and its attendant rules and regulations unless the
broker is able to demonstrate that such broker: (1) Had reasonable procedures in place for supervising the
affiliate's actions; (2) Did not participate in the violation; and (3) Did not ratify the violation. No provision of this subsection shall be construed as altering the provisions of Code Section 43-40-30.1. (c) The real estate brokerage activities of each firm shall be under
the direct management and supervision of a broker or qualifying
broker. The broker or qualifying broker shall be responsible for
establishing, implementing, and continuing procedures for: (1) Reviewing all advertising to ensure compliance with this
chapter and its rules and regulations; (2) Providing programs for study and review of this chapter and
its rules and regulations for all licensed associates; (3) Reviewing for compliance with this chapter and its rules and
regulations all listing contracts, leases, sales contracts,
management agreements, and offers to buy, sell, lease, or exchange
real property secured or negotiated by the firm's associates.
This review shall take place within 30 days of the date of the
offer or contract; (4) Systematic review of the firm's trust accounting practices in
order to assure their compliance with this chapter and its rules
and regulations; (5) Ensuring that the firm utilizes only licensed personnel to
perform those acts of a licensee which require licensure and that
when it pays compensation to an individual licensee, other than
another firm, the license of such individual licensee was assigned
to the firm by the commission at the time such individual licensee
earned the compensation paid; (6) Ensuring that proper disbursements are made from trust
accounts; (7) Providing continuing and reasonable safekeeping for all
records related to real estate transactions which this chapter and
its rules and regulations require a broker to maintain;
(8) Providing all licensed personnel with written policies and
procedures under which they are expected to operate; (9) Seeing that the firm and all licensed affiliates enter into a
written agreement specifying the terms under which the licensee
will be compensated for work during the time of their affiliation
and specifying how the licensee will be compensated for work begun
but not completed prior to the termination of their affiliation.
Other than to determine that such agreements are entered into by
licensees and their firm, the commission shall not regulate the
content of such agreements or enforce their provisions; and (10) Assuring that an individual with appropriate management
authority is reasonably available to assist licensees and the
public in real estate transactions handled by the firm. (d) While a broker or qualifying broker may elect to delegate any of
the management duties cited in subsection (c) of this Code section,
such broker or qualifying broker is responsible for the acts of the
person to whom such duty is delegated. (e) Any firm which operates as a sole proprietorship must be owned
entirely by a licensed broker. The qualifying broker for a firm
which operates as a partnership must be a partner. If all partners
of a partnership are corporations, the qualifying broker of such a
partnership must be one of the partner corporation's officers whose
actions are binding on both that corporation and the partnership.
The qualifying broker for a firm which operates as a limited
partnership must be the general partner. If the general partner of
a limited partnership is a corporation, the qualifying broker of
such a limited partnership must be one of that corporation's
officers whose actions are binding on both the corporation and the
general partner. The qualifying broker for a firm which operates as
a limited liability company must be a member or, if the articles of
organization or a written operating agreement vests management of
the limited liability company in a manager or managers, a manager
may serve as the qualifying broker. The qualifying broker for a
firm which operates as a corporation must be an officer of the
corporation. The broker or qualifying broker of any real estate
firm must have signatory powers on all trust accounts which the firm
maintains. |