Main office or business location.
(1) Definite location required. Each individual licensed as a designated real estate broker under the provisions of this chapter shall be required to have and maintain a definite, physical place of business, which place shall serve as his main office for the transaction of business and be regarded for the intent and purpose of this chapter as his principal place of business. Notice in writing shall be given to the commission of any change by the broker of the business name, location, or mailing address. No other location may be used as a main office location until proper notice is acknowledged by the commission. A change of business name or location without notification to the commission shall automatically inactivate the license previously issued. The broker shall also notify the commission in writing of any change in the business telephone number. A designated broker is not required to obtain, display or possess a physical license certificate as evidence of the business’s licensure; however, the commission may make license certificates available for a fee as authorized by this chapter. The broker shall not display or otherwise make available to the public any license certificate bearing a former business name or former location.
(2) Broker for more than one business. A qualified individual may be the designated broker for more than one (1) licensed real estate business entity only if all licensed businesses operate their main offices at the same physical location.
(3) Brokers sharing same business location. More than one (1) individually licensed broker may operate an office at the same address only if each broker operates under a business name which clearly identifies the broker as an individual within the group of brokers, and each broker shall maintain his or her records and trust accounts separate from all other brokers.
(4) Business name. A broker shall not conduct business under any name other than the one in which the license is issued.
(5) Lending license prohibited. A broker shall not lend or permit the use of the broker’s license, whether for compensation or not, to enable anyone licensed or unlicensed to, in fact, establish or carry on a business for which a real estate broker’s license is required, wherein the broker does not actively manage and have full control. In like manner, a salesperson shall not use another person’s broker’s license, whether for compensation or not, to establish or carry on a business for which a broker’s license is required, nor to manage and control the office, except as allowed by section 54-2016(4), Idaho Code.
Notes of Decisions
Staff of the Idaho Real Est. Comm'n v. Nordling, 22 P.3d 105 (Idaho 2001).
· cites it 10× “Idaho Code § 54-2040 , however, only allows the Commission to award itself attorney fees upon finding that a licensee is guilty of a prohibited act.”
Dep't of Emp. v. Bake Young Realty, 560 P.2d 504 (Idaho 1977).
· cites it 2× “§ 54-2038, and any salesman may be “discharged by his employer for a violation of any of the provisions of section 54-2040”. I.C. § 54-2047. The Real Estate Commission’s rules and regulations, passed pursuant to the enabling statute, I.”
Michael Scott Maclay v. Idaho Real Est. Comm'n, 300 P.3d 616 (Idaho 2012).
· cites it 6× “There Is Substantial Evidence that Maelay Engaged in Unauthorized Use of a Broker’s License Maelay contends that he did not violate I.C. § 54-2040(5) because he is an interim broker in Washington and legally listed Idaho properties on the Help-U-Sell website.”
Staff of Idaho Real Est. Comm'n v. Parkinson, 593 P.2d 1000 (Idaho 1979).
· cites it 2× “The Real Estate Commission had the power to revoke appellant’s license for violation of its regulations under I.C. § 54-2040. Here it chose the more moderate course of suspension, and modified its original ten-month suspension to five months upon rehearing.”
— Idaho Code § 54-2040(5) — 1 case
Michael Scott Maclay v. Idaho Real Est. Comm'n, 300 P.3d 616 (Idaho 2012).
“There Is Substantial Evidence that Maelay Engaged in Unauthorized Use of a Broker’s License Maelay contends that he did not violate I.C. § 54-2040(5) because he is an interim broker in Washington and legally listed Idaho properties on the Help-U-Sell website.”
— Idaho Code § 54-2040(i) — 1 case
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