House File 2389 - Introduced
HOUSE FILE
BY STRUYK, KURTENBACH, DIX,
WISE, QUIRK, HUSER, DANDEKAR,
and SANDS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to real estate, including real estate broker and
2 salesperson licensing and real estate disclosures.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6191YH 81
5 jr/gg/14
PAG LIN
1 1 Section 1. Section 543B.5, Code Supplement 2005, is
1 2 amended by adding the following new subsection:
1 3 NEW SUBSECTION. 13A. "Listing" is an agreement between a
1 4 property owner and another person in which that person holds
1 5 or advertises the property to the public as being available
1 6 for sale or lease.
1 7 Sec. 2. Section 543B.7, subsection 1, Code Supplement
1 8 2005, is amended to read as follows:
1 9 1. A person who, as owner, spouse of an owner, general
1 10 partner of a limited partnership, or lessor, or prospective
1 11 purchaser, or through another engaged by such person on a
1 12 regular full=time basis, buys, sells, manages, or otherwise
1 13 performs any act with reference to property owned, rented,
1 14 leased, or to be acquired by such person.
1 15 Sec. 3. Section 543B.15, subsections 3 and 4, Code
1 16 Supplement 2005, are amended to read as follows:
1 17 3. An applicant for a real estate broker's or
1 18 salesperson's license who has been convicted of forgery,
1 19 embezzlement, obtaining money under false pretenses, theft,
1 20 extortion, conspiracy to defraud, or other similar offense, or
1 21 of any crime involving moral turpitude in a court of competent
1 22 jurisdiction in this state, or in any other state, territory,
1 23 or district of the United States, or in any foreign
1 24 jurisdiction, may shall be denied a license by the commission,
1 25 on the grounds of the conviction. For purposes of this
1 26 section, "conviction" means a conviction for an indictable
1 27 offense and includes a guilty plea, deferred judgment from the
1 28 time of entry of the deferred judgment until the time the
1 29 defendant is discharged by the court without entry of
1 30 judgment, or other finding of guilt by a court of competent
1 31 jurisdiction.
1 32 4. An applicant for a real estate broker's or
1 33 salesperson's license who has had a professional license of
1 34 any kind revoked or suspended or who has had any other form of
1 35 discipline imposed, in this or any other jurisdiction may be
2 1 denied a license by the commission on the grounds of the
2 2 revocation, suspension, or other discipline.
2 3 Sec. 4. Section 543B.49, Code 2005, is amended to read as
2 4 follows:
2 5 543B.49 INJUNCTIVE RELIEF.
2 6 1. In addition to the penalty and complaint provisions of
2 7 sections 543B.43, 543B.44, and 543B.48, an injunction may be
2 8 granted through an action in district court to prohibit a
2 9 person from engaging in an activity which violates the
2 10 provisions of section 543B.1. The court shall grant an
2 11 injunction if it appears to the court that a violation has
2 12 occurred or is imminently threatened. The plaintiff is not
2 13 required to show that the violation or threatened violation
2 14 would greatly or irreparably injure the plaintiff. No bond
2 15 shall be required of the plaintiff unless the court determines
2 16 that a bond is necessary in the public interest. The action
2 17 for injunctive relief may be brought by an affected person.
2 18 For the purposes of this section, "affected person" means any
2 19 person directly impacted by the actions of a person suspected
2 20 of violating the provisions of section 543B.1, including but
2 21 not limited to the commission created in section 543B.8, a
2 22 person who has utilized the services of a person suspected of
2 23 violating the provisions of section 543B.1, or a private
2 24 association composed primarily of members practicing a
2 25 profession for which licensure is required pursuant to this
2 26 chapter.
2 27 2. If successful in obtaining injunctive relief, the
2 28 affected person shall be entitled to actual costs and attorney
2 29 fees, unless the person suspected of violating a provision of
2 30 section 543B.1 prevails in any application for permanent
2 31 injunctive relief. For the purposes of this section, "actual
2 32 costs" means those costs other than attorney fees which were
2 33 actually incurred in connection with the action, including but
2 34 not limited to court and witness fees, investigative expenses,
2 35 travel expenses, legal research expenses, and other related
3 1 fees and expenses.
3 2 Sec. 5. Section 558A.1, subsection 4, Code Supplement
3 3 2005, is amended by adding the following new paragraph:
3 4 NEW PARAGRAPH. i. A transfer by a power of attorney.
3 5 EXPLANATION
3 6 This bill relates to real estate brokers and salespersons.
3 7 The bill defines the term "listing". The bill also requires
3 8 that an application for licensure be denied if the applicant
3 9 has been convicted of forgery, embezzlement, obtaining money
3 10 under false pretenses, theft, extortion, conspiracy to
3 11 defraud, or other similar offense, or of any crime involving
3 12 moral turpitude. Pursuant to the bill, the board has
3 13 discretion to deny an application if a licensee from another
3 14 jurisdiction has received any form of licensee discipline in
3 15 that jurisdiction.
3 16 The bill strikes a current exemption from coverage under
3 17 the Code chapter relating to the licensing of real estate
3 18 brokers and salespersons for the actions of a "prospective
3 19 purchaser".
3 20 The bill requires that a court grant an injunction if it
3 21 appears to the court that a violation of the real estate
3 22 licensing laws has occurred or is imminently threatened. The
3 23 bill provides that the plaintiff is not required to show that
3 24 the violation or threatened violation would greatly or
3 25 irreparably injure the plaintiff and that the plaintiff is not
3 26 required to post a bond unless specifically required by the
3 27 court. The bill also eliminates redundant language relating
3 28 to the imposition of court costs and attorney fees.
3 29 The bill exempts transfers of property by a power of
3 30 attorney from requirements relating to mandatory disclosures
3 31 relating to the condition of real property.
3 32 LSB 6191YH 81
3 33 jr:nh/gg/14