S.P. 382 - L.D. 1083
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA §13002, sub-§2, as amended by PL 1991, c. 53, §1, is further amended to read:
2. Transactions by attorneys-at-law. Transactions conducted by an attorney-at-law in the performance of duties as an attorney-at-law. This exception does not apply to attorneys who are regularly engaged in real estate brokerage; and
Sec. 2. 32 MRSA §13002, sub-§3, as enacted by PL 1987, c. 395, Pt. A, §212, is amended to read:
3. Exception. Any person licensed as an auctioneer under chapter 5, hired to call bids at an auction, if the person employed does not prepare contracts or otherwise control the actual sale or take custody of any part of the purchase price.; and
Sec. 3. 32 MRSA §13002, sub-§4 is enacted to read:
4. Time share. Real estate transaction services subject to the provisions of Title 33, chapter 10-A.
Sec. 4. 32 MRSA §13066, sub-§1, ¶B, as enacted by PL 1987, c. 395, Pt. A, §212, is repealed.
Sec. 5. 32 MRSA §13067, sub-§1, ¶L, as amended by PL 1991, c. 53, §4, is further amended to read:
L. Failure to produce to the director any requested documents in the licensee's possession or under the licensee's control concerning any transaction matter under investigation; and
Sec. 6. 32 MRSA §13069, sub-§6, ¶A, as enacted by PL 1987, c. 395, Pt. A, §212, is amended to read:
A. Dismiss With the commission's approval, dismiss the complaint;
Sec. 7. 32 MRSA §13173, sub-§6, as enacted by PL 1987, c. 395, Pt. A, §212, is amended to read:
6. Branch office. Other locations where real estate brokerage business is regularly conducted or which that are advertised as locations where the public may contact the agency or its employees concerning brokerage services shall must be licensed as a branch office, except that places of residence need not be licensed as a branch office. In order to qualify for a branch office license, the agency designated broker must may designate himself or another broker to act as branch manager, in which case the manager shall have has designated broker responsibilities for that office. The designated broker may designate himself to act as manager for all branch offices.
Sec. 8. 32 MRSA §13177, first ¶, as enacted by PL 1987, c. 395, Pt. A, §212, is amended to read:
All exclusive right-to-sell contracts, exclusive agency contracts and any nonexclusive contract relating to one to 4 family residential properties shall be in writing, signed by the person to be charged and shall specifically identify the date upon which the contract will expire. Nonexclusive listing contracts relating to one to 4 family residential properties, in addition to all exclusive right-to-sell and exclusive agency listing contracts must be in writing, signed by the person to be charged and specifically identify the date upon which the contract will expire. If the parties to the contract desire to continue the contract, a new contract must be executed.
Sec. 9. 32 MRSA §13195, as enacted by PL 1987, c. 395, Pt. A, §212, is amended to read:
Any change of address, name or other material change in the conditions or qualifications set forth in the original application shall , including but not limited to criminal convictions or suspension or revocation of any professional license, must be reported to the director no later than 10 days after the change. Upon proper application and payment of the prescribed fee, the commission records shall must be changed and a new license shall be issued for the unexpired term of the current license, if appropriate.
Sec. 10. 32 MRSA §13196, as amended by PL 1991, c. 53, §8, is repealed and the following enacted in its place:
1. Placement on inactive status. Any licensee who does not desire to perform any of the activities described in section 13001 and who wants to preserve the license while not engaged in any brokerage activity may surrender that license to the commission for placement on inactive status. The commission may place the license on inactive status and issue an inactive license only upon proper application by the licensee. During inactive status, the licensee is required to renew the license biennially, but is not required to maintain a place of business or meet the educational provisions of section 13197.
2. Reinstatement to active status. Licensees who have surrendered their licenses pursuant to this section and who have remained on inactive status for 6 years or more may have their licenses reinstated to active status by submitting proper application and fee and by successfully passing a license examination designated by commission rule for this purpose. Licensees who activate within 6 years of the initial inactive license may activate by successfully completing the designated examination or by completing continuing education courses that meet commission approved clock hours as follows:
A. For those applicants remaining inactive from the issuance of the inactive licenses up to 2 years, 15 clock hours of continuing education completed within the previous biennium;
B. For those applicants remaining inactive for more than 2 years but less than 4 years, 22 clock hours of continuing education completed within the previous biennium; or
C. For those applicants remaining inactive for more than 4 years but less than 6 years, 30 clock hours of continuing education completed within the previous biennium.
Sec. 11. 32 MRSA §13197, sub-§1, as enacted by PL 1987, c. 395, Pt. A, §212, is amended to read:
1. Requirement. As a prerequisite to renewal of a license, applicants shall have completed 12 must complete 15 clock hours of continuing education within 2 years prior to the date of application in programs or courses approved by the commission. This requirement shall does not apply to agency and company licenses.
Sec. 12. 32 MRSA §13199, sub-§2, ¶C, as enacted by PL 1987, c. 395, Pt. A, §212, is repealed.
Sec. 13. 32 MRSA §13201, as enacted by PL 1987, c. 395, Pt. A, §212, is repealed.
Sec. 14. 32 MRSA §13251, as enacted by PL 1987, c. 770, §10, is repealed.
Sec. 15. 32 MRSA §13271, sub-§§10 and 12, as enacted by PL 1993, c. 679, §1, are amended to read:
10. Real estate brokerage agency. "Real estate brokerage agency" means a person or entity providing real estate brokerage services through that person's designated broker, associates or employees and licensed by the commission as a real estate brokerage agency.
12. Subagent. "Subagent" means a licensee real estate brokerage agency engaged by another brokerage agency to perform brokerage tasks for a client.
Sec. 16. Application. The time frames for determining the requirements for reinstatement of a real estate broker license to active status, as described in the Maine Revised Statutes, Title 32, section 13196, subsection 2, begin running on the effective date of this Act.
Effective September 18, 1999, unless otherwise indicated.
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