61-2-17. Penalty for violation of chapter.
(1) (a) An individual required to be licensed under this chapter who violates this chapter,
in addition to being subject to a license sanction or a fine ordered by the commission, is, upon
conviction of a first violation, guilty of a class A misdemeanor. For a conviction under this
Subsection (1)(a), imprisonment shall be for a term not to exceed six months.
(b) If a violator of this chapter is a corporation, the corporation is, upon conviction of a
first violation, guilty of a class A misdemeanor.
(2) (a) Upon conviction of a second or subsequent violation, an individual is guilty of a
third degree felony. Imprisonment for a conviction under this Subsection (2)(a) shall be for a
term not to exceed two years.
(b) If a corporation is convicted of a second or subsequent violation, the corporation is
guilty of a third degree felony.
(3) An officer or agent of a corporation, or a member or agent of a partnership or
association, who personally participates in or is an accessory to any violation of this chapter by
the corporation, partnership, or association, is subject to the penalties prescribed for an
individual.
(4) If a person receives money or its equivalent, as commission, compensation, or profit
by or in consequence of a violation of this chapter, that person is liable for an additional penalty
of not less than the amount of the money received and not more than three times the amount of
money received, as may be determined by the court. This penalty may be sued for in any court of
competent jurisdiction, and recovered by any person aggrieved for the person's own use and
benefit.
(5) A fine imposed by the commission and the director under this chapter shall,
notwithstanding Section 13-1-2, be deposited into the Real Estate Education, Research, and
Recovery Fund to be used in a manner consistent with the requirements of Chapter 2a, Real
Estate Recovery Fund Act.
Amended by Chapter 352, 2009 General Session
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Last revised: Thursday, May 28, 2009