1. (1) "Attorney" means a person licensed, in good standing, with the Utah State Bar.

2. (2) "Real estate experience" includes:

   1. (a) law firm transactional experience consisting of any of the following:

      1. (i) real estate transactions, drafting documents, reviewing and negotiating contracts of sale, real estate purchase contracts (REPC), commercial transactions, residential transactions;
      2. (ii) financing and securing construction and permanent financing;
      3. (iii) title review, due diligence, consulting and negotiating with title companies, researching and drafting title opinions, coordinating with title companies, pre-closing;
      4. (iv) zoning, development, construction, homeowners' associations, subdivisions, condominiums, planned unit developments;
      5. (v) conducting closings; and
      6. (vi) estate planning, probate-related transactions and conveyances.

   2. (b) law firm litigation experience consisting of any of the following:

      1. (i) foreclosures;

         1. (A) judicial and non-judicial;
         2. (B) homeowner association (HOA) lien foreclosure;
      2. (ii) homeowner vs. HOA litigation;
      3. (iii) state construction registry litigation, mechanics lien filing and litigation;

      4. (iv) real estate disputes or litigation involving:

         1. (A) a real estate contract;
         2. (B) a boundary line;
         3. (C) a right of way, an easement, or both;
         4. (D) a zoning issue;
         5. (E) a property tax issue;
         6. (F) a title issue or claim;
         7. (G) an issue between a landlord and a tenant; and
         8. (F) an estate or probate litigation, or both, involving real property assets, claims, and disputes.

   3. (c) non-law firm experience consisting of any of the following:

      1. (i) real estate agent, broker, developer, investor;
      2. (ii) mortgage broker;
      3. (iii) general contractor;
      4. (iv) professor or instructor teaching real estate licensing, real estate contracts, or real estate law;

      5. (v) lender involved with any of the following real estate lending activities:

         1. (A) lending;
         2. (B) escrow; or
         3. (C) foreclosure;
      6. (vi) private lender;
      7. (vii) in-house counsel involved in real estate transactions for bank, mortgage lender, credit union, title company, or agency title insurance producer;
      8. (viii) employment with or counsel to a government agency involved in regulation of real estate, such as HUD, FHA, zoning, tax assessor, county recorder, insurance department, and federal or state legislatures;
      9. (ix) escrow officer;
      10. (x) title searcher; or
      11. (xi) surveyor; and
   4. (d) other experience with real estate not included in Subsections (a), (b), and (c).

Terms used in this rule are defined in Sections 31A-1-301, 31A-2-402, and 31A-23a-10. Additional terms are defined as follows:

KEY: attorney exemption application process

Date of Last Change: October 12, 2021

Notice of Continuation: June 10, 2024

Authorizing, and Implemented or Interpreted Law: 31A-1-301; 31A-2-308; 31A-2-402; 31A-2-404; 31A-23a-102; 31A-23a-204