Key Takeaways
- The Board of Realty Regulation can investigate complaints, conduct hearings, and impose disciplinary actions
- Violations can result in license denial, suspension, revocation, or fines
- Common violations include misrepresentation, commingling, unlicensed activity, and disclosure violations
- Practicing without a license is a criminal offense in Montana
- Licensees have due process rights including notice and hearing before disciplinary action
License Law Violations & Discipline
The Montana Board of Realty Regulation has authority to investigate complaints and take disciplinary action against licensees who violate Montana real estate law.
Common Violations
Misrepresentation and Fraud
| Violation | Description |
|---|---|
| Material misrepresentation | False statements about important facts |
| Omission | Failing to disclose known material defects |
| Fraud | Intentional deception for personal gain |
| False advertising | Misleading marketing or claims |
Trust Account Violations
| Violation | Description |
|---|---|
| Commingling | Mixing client and broker funds |
| Conversion | Using client funds without authorization |
| Failure to deposit | Not depositing funds timely |
| Poor records | Inadequate documentation |
Agency and Disclosure Violations
| Violation | Description |
|---|---|
| Disclosure failures | Failing to provide required disclosures |
| Undisclosed dual agency | Acting for both parties without consent |
| Breach of fiduciary duty | Violating duties to clients |
| Water rights non-disclosure | Failing to disclose water rights information |
Unlicensed Activity
| Violation | Description |
|---|---|
| Practicing without license | Performing activities requiring a license |
| Practicing on expired license | Continuing to work after expiration |
| Paying unlicensed persons | Compensating unlicensed individuals for licensed activities |
Warning: Practicing real estate without a license is a criminal offense in Montana.
Disciplinary Process
Investigation
- Complaint filed with the Board (or Board initiates investigation)
- Investigation conducted by Board staff
- Evidence gathered (documents, interviews, audits)
- Determination made whether to proceed
Hearing Process
If the Board proceeds with disciplinary action:
| Step | Description |
|---|---|
| Notice | Licensee notified of charges |
| Hearing | Formal hearing before Board |
| Evidence | Both sides present evidence |
| Decision | Board issues written decision |
| Appeal | Licensee may appeal to court |
Due Process Rights
Licensees have the right to:
- Notice of charges
- Hearing before adverse action
- Representation by attorney
- Present evidence and witnesses
- Appeal unfavorable decisions
Disciplinary Actions
The Board may impose various sanctions:
| Action | Description |
|---|---|
| Denial | Refuse to issue license |
| Suspension | Temporary loss of license |
| Revocation | Permanent loss of license |
| Reprimand | Formal warning |
| Fine | Monetary penalty |
| Probation | Conditional license with restrictions |
| Education | Required additional training |
Factors Considered
| Factor | Impact |
|---|---|
| Severity of violation | More serious = harsher penalty |
| Prior disciplinary history | Repeat violations = stricter |
| Harm to consumers | Consumer damage = more serious |
| Cooperation | Cooperation may reduce penalty |
| Rehabilitation | Remedial steps may help |
Grounds for Discipline
Montana law specifies numerous grounds for disciplinary action, including:
Professional Misconduct
- Obtaining license through fraud or misrepresentation
- Acting incompetently or negligently
- Violating Board rules or statutes
- Failing to supervise licensees (brokers)
Financial Misconduct
- Commingling or converting client funds
- Failing to account for funds
- Accepting undisclosed compensation
- Failing to deposit earnest money properly
Disclosure Failures
- Failing to disclose material facts
- Failing to provide required agency disclosure
- Not disclosing personal interest in transaction
- Failing to disclose water rights information (Montana-specific)
Criminal Conduct
- Conviction of felony
- Conviction of crime involving fraud or dishonesty
- Conviction of crime related to real estate
Consumer Protection
Filing a Complaint
Consumers who believe they have been harmed by a licensee can:
- File complaint with the Board
- Provide documentation of harm
- Request investigation
- Participate in hearing if needed
Recovery Account
If a consumer obtains a judgment against a licensee and cannot collect:
| Step | Process |
|---|---|
| 1 | Obtain court judgment |
| 2 | Attempt to collect from licensee |
| 3 | Apply to Board for Recovery Account payment |
| 4 | Board evaluates claim |
| 5 | Payment made if eligible (max $15,000/transaction) |
Note: Licensee's license is suspended until amount repaid with interest.
Which action is a criminal offense in Montana?
What rights does a Montana licensee have before the Board takes disciplinary action?
Which of the following is a Montana-specific ground for disciplinary action?
What is the maximum the Montana Recovery Account can pay per transaction?
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