The following acts are unlawful for a person licensed or required to be licensed under this chapter:

1. (1)

   1. (a) making a substantial misrepresentation;
   2. (b) making an intentional misrepresentation;
   3. (c) pursuing a continued and flagrant course of misrepresentation;
   4. (d) making a false representation or promise through an agent, sales agent, advertising, or otherwise; or
   5. (e) making a false representation or promise of a character likely to influence, persuade, or induce;
2. (2) acting for more than one party in a transaction without the informed consent of the parties;

3. (3)

   1. (a) acting as an associate broker or sales agent while not affiliated with a principal broker;
   2. (b) representing or attempting to represent a principal broker other than the principal broker with whom the person is affiliated; or
   3. (c) representing as sales agent or having a contractual relationship similar to that of sales agent with a person other than a principal broker;

4. (4)

   1. (a) failing, within a reasonable time, to account for or to remit money that belongs to another and comes into the person's possession;
   2. (b) commingling money described in Subsection (4)(a) with the person's own money; or
   3. (c) diverting money described in Subsection (4)(a) from the purpose for which the money is received;

5. (5) paying or offering to pay valuable consideration, as defined by the commission, to a person not licensed under this chapter, except that valuable consideration may be shared:

   1. (a) with a principal broker of another jurisdiction; or

   2. (b) as provided under:

      1. (i) Title 16, Chapter 10a, Utah Revised Business Corporation Act;
      2. (ii) Title 16, Chapter 11, Professional Corporation Act; or
      3. (iii) Title 48, Chapter 2c, Utah Revised Limited Liability Company Act, or Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company Act, as appropriate pursuant to Section 48-3a-1405;
6. (6) for a principal broker, paying or offering to pay a sales agent or associate broker who is not affiliated with the principal broker at the time the sales agent or associate broker earned the compensation;
7. (7) being incompetent to act as a principal broker, associate broker, or sales agent in such manner as to safeguard the interests of the public;
8. (8) failing to voluntarily furnish a copy of a document to the parties before and after the execution of a document;

9. (9) failing to keep and make available for inspection by the division a record of each transaction, including:

   1. (a) the names of buyers and sellers or lessees and lessors;
   2. (b) the identification of real estate;
   3. (c) the sale or rental price;
   4. (d) money received in trust;
   5. (e) agreements or instructions from buyers and sellers or lessees and lessors; and
   6. (f) any other information required by rule;
10. (10) failing to disclose, in writing, in the purchase, sale, or rental of real estate, whether the purchase, sale, or rental is made for that person or for an undisclosed principal;

11. (11) being convicted of a criminal offense involving moral turpitude within five years of the most recent application:

    1. (a) regardless of whether the criminal offense is related to real estate; and

    2. (b) including:

       1. (i) a conviction based upon a plea of nolo contendere; or
       2. (ii) a plea held in abeyance to a criminal offense involving moral turpitude;
12. (12) advertising the availability of real estate or the services of a licensee in a false, misleading, or deceptive manner;
13. (13) in the case of a principal broker or a licensee who is a branch manager, failing to exercise reasonable supervision over the activities of the principal broker's or branch manager's licensed or unlicensed staff;

14. (14) violating or disregarding:

    1. (a) this chapter;
    2. (b) an order of the commission; or
    3. (c) the rules adopted by the commission and the division;
15. (15) breaching a fiduciary duty owed by a licensee to the licensee's principal in a real estate transaction;
16. (16) any other conduct which constitutes dishonest dealing;
17. (17) unprofessional conduct as defined by statute or rule;

18. (18) having one of the following suspended, revoked, surrendered, or cancelled on the basis of misconduct in a professional capacity that relates to character, honesty, integrity, or truthfulness:

    1. (a) a real estate license, registration, or certificate issued by another jurisdiction; or
    2. (b) another license, registration, or certificate to engage in an occupation or profession issued by this state or another jurisdiction;

19. (19) failing to respond to a request by the division in an investigation authorized under this chapter, including:

    1. (a) failing to respond to a subpoena;
    2. (b) withholding evidence; or
    3. (c) failing to produce documents or records;

20. (20) in the case of a dual licensed title licensee as defined in Section 31A-2-402:

    1. (a) providing a title insurance product or service without the approval required by Section 31A-2-405; or
    2. (b) knowingly providing false or misleading information in the statement required by Subsection 31A-2-405(2);
21. (21) violating an independent contractor agreement between a principal broker and a sales agent or associate broker as evidenced by a final judgment of a court;

22. (22)

    1. (a) engaging in an act of loan modification assistance that requires licensure as a mortgage officer under Chapter 2c, Utah Residential Mortgage Practices and Licensing Act, without being licensed under that chapter;
    2. (b) engaging in an act of foreclosure rescue without entering into a written agreement specifying what one or more acts of foreclosure rescue will be completed;

    3. (c) inducing a person who is at risk of foreclosure to hire the licensee to engage in an act of foreclosure rescue by:

       1. (i) suggesting to the person that the licensee has a special relationship with the person's lender or loan servicer; or

       2. (ii) falsely representing or advertising that the licensee is acting on behalf of:

          1. (A) a government agency;
          2. (B) the person's lender or loan servicer; or
          3. (C) a nonprofit or charitable institution; or

    4. (d) recommending or participating in a foreclosure rescue that requires a person to:

       1. (i) transfer title to real estate to the licensee or to a third-party with whom the licensee has a business relationship or financial interest;
       2. (ii) make a mortgage payment to a person other than the person's loan servicer; or

       3. (iii) refrain from contacting the person's:

          1. (A) lender;
          2. (B) loan servicer;
          3. (C) attorney;
          4. (D) credit counselor; or
          5. (E) housing counselor;
23. (23) as a principal broker, placing a lien on real property, unless authorized by law; or
24. (24) as a sales agent or associate broker, placing a lien on real property for an unpaid commission or other compensation related to real estate brokerage services.