§ 5-20.5-10 - Nonresident brokers – Employment of unlicensed brokers restricted – Nonresident salespersons – Service of process.
SECTION 5-20.5-10
§ 5-20.5-10 Nonresident brokers –Employment of unlicensed brokers restricted – Nonresident salespersons– Service of process. – (a) A nonresident of this state may become a real estate broker by conformingto all the provisions of this chapter, except that a nonresident real estatebroker regularly engaged in the real estate business as a vocation, and whomaintains a definite place of business and is licensed in some other state,which offers the same privileges to the licensed brokers of this state, is notrequired to maintain a place of business within this state. The director shallrecognize the license issued to a real estate broker by another state assatisfactorily qualifying him or her for a license as a broker in this stateprovided that the other state permits licenses to be issued to licensed brokersin this state, without examination.
(b) It is unlawful for any licensed real estate broker toemploy or compensate directly or indirectly any person for performing any ofthe acts regulated by this chapter who is not a licensed real estate broker orlicensed real estate salesperson; provided, that a licensed real estate brokermay pay a commission to a licensed real estate broker of another state;provided, that the nonresident real estate broker does not conduct in thisstate any of the negotiations for which a fee, compensation, or commission ispaid.
(c) A nonresident of this state may become a real estatesalesperson by conforming to all the provisions of this chapter, provided thatthe nonresident real estate salesperson is regularly employed by a real estatebroker licensed to do business within this state.
(2) The director shall recognize the license issued to a realestate salesperson by another state as satisfactorily qualifying him or her fora license as a salesperson in this state and also that the other state permitslicenses to be issued to licensed salespersons in this state, withoutexamination.
(d) No license shall be issued to a nonresident until he orshe has filed with the director a power of attorney constituting and appointingthe director and his or her successor his or her true and lawful attorney, uponwhom all lawful processes in any action or legal proceeding against him or hermay be served, and in the power of attorney agrees that any lawful processagainst him or her which may be served upon his or her attorney is of the sameforce and validity as if served on the nonresident, and that the authoritycontinues irrevocably in force as long as any liability of the nonresidentremains outstanding in the state. Service of that process shall be made byleaving duplicate copies of it in the hands or office of the director, and thedirector shall immediately send one of those copies by mail, postage prepaid,addressed to the defendant at his or her last address as appearing on therecords of the commission. One of the duplicates of that process, certified bythe director as having been served upon him or her is deemed sufficientevidence of that service, and service upon that attorney is deemed service uponthe principal.