Utah Code
Utah Code § 61-2f-409 (2026)
Actions for recovery of compensation restricted
✓ laws through the 2026 General Session (checked Sept. 2026)
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A person may not bring or maintain an action in any court of this state for the recovery of a commission, fee, or compensation, for any act done or service rendered if the act or service is prohibited under this chapter.
Except as provided in Subsection (1)(a), a person may bring or maintain an action in any court of this state for the recovery of a commission, fee, or compensation if the person is:
a principal broker;
an individual that was licensed as a principal broker at the time the act or service that is the subject of the lawsuit was performed; or
an entity that, under the records of the Division of Real Estate, is affiliated with a principal broker.
A sales agent or associate broker may not sue in that individual's own name for the recovery of a fee, commission, or compensation for services as a sales agent or associate broker unless the action is against the principal broker with whom the sales agent or associate broker is or was affiliated.
An action for the recovery of a fee, commission, or other compensation may only be instituted and brought by the principal broker with whom a sales agent or associate broker is affiliated.
Amended by Chapter 292, 2013 General Session
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2012–2023 · leading case: Wing v. Code, 2016 UT App 230, 387 P.3d 601.
Wing v. Code, 2016 UT App 230, 387 P.3d 601. “The Record ¶16 Wing, a principal broker, was added as a plaintiff to this lawsuit in response to Defendants’ assertion that none of the entities named as plaintiffs was qualified to sue for a commission under section 61-2f-409 of the Utah Code. Subsection (2)(b) of that statute…”
Hale v. Big H Constr., Inc., 2012 UT App 283, 288 P.3d 1046. “§ 61-2f-409(1) (LexisNexis 2011)). Under section 61-2-4, an act "for valuable consideration, of buying, [or] selling .”
Hanks v. Anderson, No. 2:19-cv-00999 (D. Utah June 22, 2023). “RealSource argues Utah’s Real Estate Licensing and Practices Act (the “Licensing Act”), Utah Code § 61-2f-409, bars Mr. Anderson from suing anyone other than his principal broker.”
Utah Code § 61-2f-409(1): 1 case
Hale v. Big H Constr., Inc., 2012 UT App 283, 288 P.3d 1046. “§ 61-2f-409(1) (LexisNexis 2011)). Under section 61-2-4, an act "for valuable consideration, of buying, [or] selling .”
Utah Code § 61-2f-409(1)(b)(iii): 1 case
Wing v. Code, 2016 UT App 230, 387 P.3d 601. “The Record ¶16 Wing, a principal broker, was added as a plaintiff to this lawsuit in response to Defendants’ assertion that none of the entities named as plaintiffs was qualified to sue for a commission under section 61-2f-409 of the Utah Code. Subsection (2)(b) of that statute…”
Utah Code § 61-2f-409(2)(a): 1 case
Hanks v. Anderson, No. 2:19-cv-00999 (D. Utah June 22, 2023). “RealSource argues Utah’s Real Estate Licensing and Practices Act (the “Licensing Act”), Utah Code § 61-2f-409, bars Mr. Anderson from suing anyone other than his principal broker.”
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