Newsletters

4th Quarter 2025 Real Estate Newsletter


Director's Message

Dear Valued Licensees,

I hope your holiday season has been filled with joy and quality time with those who are special to you.

2025 General Legislative Session of the Utah State Legislature has officially concluded, running from January 21st to March 7th. During this intensive period, our elected officials dedicated themselves to addressing a wide array of issues impacting our state.

Property Management Update

The 2025 General Session saw the enactment of House Bill 337, which created a new license classification for property managers. Subsequent adjustments were made during the First Special Session with the passage of House Bill 1002.

Importantly, House Bill 1002 clarified that an individual licensed as a principal broker, associate broker, sales agent, or property manager may engage in, or offer to engage in, property management on behalf of another person for consideration. In short, the legislation clarifies that property management remains within the scope of practice for principal brokers, associate brokers, and sales agents.

A committee formed by the Real Estate Commission continues to work diligently to formulate a proposed administrative rule for property management for consideration by the Commission and the Division.

The Division will make the application for this property manager license available on the effective date of July 1, 2026. Additional information and application materials will be available on the Division’s website as the effective date approaches.  

Cybersecurity
Please exercise extreme caution when receiving solicitations for your services from unknown or out-of-state parties. Utah’s market often attracts buyers from other states, but nefarious actors sometimes reach out to licensees pretending to be consumers seeking your services. These people will often request a Zoom meeting, and provide you with a link that is not legitimate. Clicking on these links can expose your systems to malware.

Fortunately, many Realtor organizations have published helpful tips online. Here are a few that I thought may be helpful to you:

2026 General Legislative Session Preview
Utah’s General Legislative Session kicks off Tuesday, January 20th. Visit the Utah State Legislature’s website at le.utah.gov to explore the many ways you can keep track of proposed law changes. One highly recommended feature is the My Legislature feature. Creating an account allows you to find, track, and receive notifications about the bills that interest you. You can also find who represents you by street address by using this helpful feature. The Legislature does a fantastic job of making participation accessible no matter where you are located.

In closing, we are continuing to utilize the Governor’s Government Reform, Innovation, and Transparency (GRIT) initiative to improve how we serve the public. Remember that you can contribute feedback and ideas for how we, as an agency, can improve your experience by using our Your Voice in Innovation Form. All ideas are welcome!

Sincerely,
Leigh 


Headshot of Director Leigh Veillette.
Director Leigh Veillette

Recap: Annual Instructor Development Workshop


Rule Book

We recently hosted our annual Instructor Development Workshop (IDW), bringing together a distinguished group of education providers and industry professionals. This one-day intensive served as a vital touchpoint for aligning our educational standards with the evolving landscape of our professions.

Our Division Staff provided critical legislative updates and essential regulatory insights. A highlight of the event was the industry-specific breakout sessions for Real Estate, Appraisal, and Mortgage. These collaborative forums sparked robust discussions, the results of which were instrumental in refining and enhancing our Mandatory Course outlines.

A sincere thank you to all who attended; your expertise is what ensures our educational framework remains the gold standard.

2026-2027 Mandatory Course Updates
To maintain consistency and high-quality instruction, we will release updated Mandatory Course outlines for Real Estate and Mortgage industries in January 2026.

  • Implementation: Schools and education providers should have received these outlines and are encouraged to integrate them into their curricula as soon as possible.
  • Duration: These outlines are designed for a two-year cycle.
  • Flexibility: While we aim for stability, the Division reserves the right to update these outlines should substantial legislative or industry changes occur.

Shaping the Future: Exam Development & New Licensing
We are thrilled to announce a strengthened partnership with Pearson VUE to enhance our examination and review processes. Our goal is to expand the involvement of licensees and educators to ensure our exams are both rigorous and reflective of modern practice.

Launching Property Manager Licensing
Starting July 1, 2026, we will officially offer a new Property Manager license. Building this exam from the ground up is a monumental step for our industry, and we want your expertise. 

  • Call for Subject Matter Experts: We are seeking industry members—specifically property management practitioners—to collaborate with the Division in building this comprehensive new exam.
  • Get Involved: To participate in the exam-building process, please contact Laurel North, Licensing and Education Manager, at [email protected].

Charitable Donations as Inducements

Gift and Inducement Question

The Division frequently receives inquiries regarding charitable donation incentives. Specifically, licensees often ask if they may advertise that a donation will be made to a school PTA or charity upon the completion of a real estate transaction.

This is an excellent question that raises several issues potentially impacting the real estate licensee. The key considerations involve the Gift and Inducement Administrative Rule: R162-2f-401.

Issue 1: Inducements to a Third Party

R162-2f-401(1) states that an inducement gift is permissible and is not an illegal sharing of commission if the principal broker or affiliated licensee offering the inducement gift to a buyer or a seller complies with the underwriting guidelines that apply to any loan in the transaction for which the inducement has been offered.

An inducement gift may be offered only to the client (Buyer or Seller) without it being an illegal sharing of commission, provided there is compliance with underwriting guidelines. However, when the inducement is being offered to a Third Party (such as a charity or PTA) rather than the client, it constitutes an illegal sharing of commissions. Consequently, the real estate licensee would be in violation of Utah Code § 61-2f-401(5), which prohibits paying or offering to pay valuable consideration to a person not licensed under this chapter.

Issue 2: The Underwriting Constraint

Even if the inducement is paid directly to the client, it could still be a violation if the inducement contravenes the underwriting guidelines of any loan involved in the transaction. In both the Third Party and non-compliant client inducement scenarios, the licensee could face agency action against their license.

The Client-as-Conduit Question

Sometimes, after receiving the above response, licensees ask, "Can I give the inducement to the client who will then pay it to the charity?"

No, this is also a violation of administrative rules because it involves falsifying the terms of the transaction. This action could violate two subsections of R162-2f-401b:
(d) False Documents: Prohibits proposing, preparing, or causing to be prepared a document, agreement, settlement statement, or other device that the licensee knows or should know does not reflect the true terms of the transaction; or knowingly participating in a transaction in which such a false device is used.
(e) Undisclosed Agreements: Prohibits participating in a transaction where a buyer enters into an agreement that is not disclosed to the lender and, if disclosed, might have a material effect on the terms or the granting of the loan;

The Permitted Activity

For clarification, a real estate professional is free to donate to a charity after they receive their commission. That is entirely up to the licensee. However, they simply cannot advertise this fact to induce clients or businesses to refer clients to the agent.

Notice from the Division of Professional Licensing


In 2025, the Utah State Legislature enacted House Bill 58, creating a new license classification for Private Home Inspectors. The Division of Professional Licensing (DOPL) will make the application for this license available on the effective date of January 1, 2026.

For more information, please contact DOPL.
Phone: 801-530-6628
Email: [email protected]

Or visit DOPL's Private Home Inspector page.


AARO Recap

The Association of Appraiser Regulatory Officials’ (AARO) annual conference was held in Atlanta, Georgia, in October 2025. Division staff attended the conference and would like to share the following takeaways:

UAD 3.6 (Uniform Appraisal Database): The new UAD 3.6 report will be mandatory for all lenders and appraisals starting November 26, 2026. The new UAD 3.6 form and specifications are available on Fannie Mae’s and Freddie Mac's websites. The current report will no longer be accepted by Government-Sponsored Enterprises starting November 26, 2026. The new UAD 3.6 will include the following:

  • A summary and value on page one;
  • No addendums;
  • A separate section for defects, damages, and deficiencies;
  • A reconciliation summary;
  • A revision history; and
  • A reconsideration of values (ROV) section.

The report will be a dynamic form, only populating sections as needed, and it will allow the appraiser to initiate a reconsideration of value request (ROV) after submission.

It is expected to require three to four times more data points to be collected, and it is recommended that appraisers have a tablet and software in the field. This will take more time initially but is hoped to result in less time writing the report.

The Appraiser Qualifications Board (AQB) is considering moving from the college degree requirement for licensure. Review the AQB’s December 4, 2025, First Exposure Draft of Proposed Changes to the Real Property Appraiser Qualification Criteria.

USPAP: The Appraisal Standards Board (ASB) has no plans to update USPAP at this time.

AI Usage: The ASB is working on a new advisory opinion on AI usage, with an exposure draft expected by the end of the year. Until then, appraisers can reference Advisory Opinions 18 and 37.

PAREA Stats: 32 individuals have received credentials, 53 are graduates, and 183 are currently in the program nationally.

  • Utah has had at least one PAREA graduate.

Appraiser Demographics: There has been about a 20% decline in the total number of appraiser credentials nationally over the last 10 years.

Experience Requirements:

  • There was discussion about changing the qualification order to education, exam, and then experience.
  • Some even recommended eliminating the experience requirement, citing law and accounting as examples.

Utah's AMC Rule Commended: Utah was cited as setting the national standard with its rule requiring an AMC to provide an appraiser with information about collected data, which has now been endorsed nationwide.

Big things ahead for Bryn Kaelin and Justin Barney!

We are incredibly proud to announce that two of our leaders will be taking on major national roles with AARO in 2026.

  • Bryn Kaelin, our Chief Investigator, will step up as a Director after an impactful year as an alternate.
  • Justin Barney, our Hearing Officer and Records Manager, has been appointed President-Elect.

While they’d be the first to tell you they’re just doing their jobs, having our staff in these positions speaks volumes about the caliber of the team we have here. We’re lucky to have their leadership both in the office and on the national stage.

Congrats, Bryn and Justin!


Appraisal Mentorship Program

ATTENTION: Experienced Appraisers – Your wisdom is needed!

Are you an experienced appraiser ready to share your wisdom and directly elevate the real estate profession, strengthen our standards, and guide appraisers into becoming industry leaders?

The Division’s highly anticipated Appraiser Mentorship Program is officially open for applications, and we are looking for leaders like you!

This is a unique and impactful opportunity to:

  • Elevate the Profession: Directly contribute to strengthening the appraisal field by passing on practical knowledge and ethical standards.
  • Guide Future Leaders: Mentor real estate professionals and help them navigate the complexities of appraising.
  • Make a Lasting Impact: Leave a legacy by shaping the talent and expertise within our community.

How to Apply to Become a Mentor:

If you are passionate about sharing your expertise and interested in becoming a mentor, expressing your interest is simple:

  • Email your interest to the Chief Investigator today at [email protected].
  • Once we receive your email, you will be sent a detailed overview of the program and the official mentor application form.

Don't miss this chance to step into a leadership role and help us build a stronger, more skilled real estate community. We look forward to your application!


Mortgage Updates

Proposed Updates to Utah MLO Prelicense Education

The Division has proposed a significant update to the prelicense education requirements for Mortgage Loan Originator (MLO) applicants. Currently, Utah requires a total of 35 hours of education—consisting of 20 NMLS hours and 15 Utah-specific hours—making it the only state in the nation with this high of a requirement. To align with national standards and lower barriers to entry, the Division aims to reduce the state-specific portion from 15 hours down to just 5 hours.

Beyond reducing course hours, the proposal seeks to modernize the licensing process. Currently, Utah is one of the few states requiring applicants to email physical or scanned copies of completion certificates to the Division, which often leads to processing delays. The Division is now working with the NMLS to allow these 5 hours to be banked directly into an individual’s NMLS account. This automation will eliminate manual paperwork and significantly accelerate processing times, which are already among the fastest in the country.

Please be advised that the current 15-hour state requirement remains in effect until a formal rule change is finalized. The Division expects the public comment period to open in January or February, with the potential for an effective date for the rule change as early as March 2026. We encourage you to reach out to the Division with any questions regarding this proposal and look forward to your feedback during the upcoming comment period.

Essential 2026 NMLS Renewal Checklist and Action Items

All Utah mortgage licensees with an approved Utah license as of October 31, 2025, will be required to authorize and submit a new CBC and credit report starting November 1, 2025, to renew their license for 2026.

The renewal deadline is approaching. Please review the following critical steps to ensure your license renewal is processed smoothly and on time.

Criminal Background Check (CBC) Requirements

  • A new CBC request is required for all licensees at the time of renewal in the NMLS, regardless of when you were last fingerprinted.
  • Although new fingerprinting may be completed ahead of time, the CBC request must be submitted within the NMLS renewal application.

Action Items for Licensees

To prevent delays in your renewal, please complete the following items immediately:

  • Review Fingerprint Status:
    • Log into your individual MU4 filing on the NMLS. Under the Composite View Tab, check the Criminal Background Check Requests section to verify whether your existing fingerprints have expired or are pending expiration.
  • Check for Outstanding License Items:
    • Review your NMLS filing for any outstanding requirements that could prevent you from requesting renewal (e.g., credit report, etc.).
  • Complete Continuing Education (CE):
    • Ensure your CE requirements are fully completed and the hours are banked in your NMLS profile.
      • The requirement is 8 hours NMLS and 1 hour of Utah State Law.
      • Action Deadline: Complete your CE no later than December 15th. This allows time for CE providers (who have up to 10 days) to bank the hours, ensuring on-time renewal eligibility.

Current Renweal Status & Deadline Alert

  • As of this writing, 30% (2,874) of eligible licensees have not yet requested renewal.
  • The final deadline to request renewal is December 31st.
  • IMPORTANT: Failure to request renewal by the December 31st deadline will result in your license status changing to “Terminated – Failed to Renew”, requiring you to pay a late fee and complete the reinstatement process.

HOW DO I GET THOSE &@!* HOA DOCUMENTS?!

A Guide for Utah Real Estate Professionals  from the Office of the Homeowners’ Association Ombudsman

We get it – you’re trying to close a sale in an HOA. The buyer is ready to go, and the seller wants to be done. The only thing standing between you and closing is the HOA documents. You’ve tried to get the documents with no response from the association. The community manager is charging your client a small fortune for emailed copies. It’s holding up your closing and costing your client money.

This is one of the biggest frustrations we have heard from real estate professionals, so we put together this quick guide to help break down the legal requirements and share some best practices to help you keep things moving and really look out for your clients.

Who is responsible for HOA documents?
First and foremost, the seller is responsible for getting the HOA documents to the buyer by the disclosure deadline. Many HOA’s now use online homeowner portals that store all the documents necessary for closing. Start there and then go to the association or their manager. It sounds easy, but one of the best things you can do as a listing agent is to help your client get all the necessary documents before you even post the listing. Don't wait!

Which documents are required to be provided?
Utah law currently only requires a seller to hand over two things before closing: 1) a copy of the recorded governing documents, and 2) a link to the HOA Ombudsman’s website (hoa.utah.gov). But Section 7 of the standard REPC contract tacks on a much longer list of required documents that a seller must provide. Don’t get us wrong – when it comes to HOAs, buyers should be looking at all of this, but those extra requirements are in the REPC contract itself, not state law. If you use any other agreements or forms besides the REPC, the rules might be different, so it’s important to always double-check what the seller needs to provide.

The Utah HOA Seller's Disclosure Roadmap.

How long does an association have to fulfill a request for documents?
In 2025, the Utah legislature changed the deadline for providing records to homeowners. It used to be 5 days, but now, an HOA (or their manager) has up to 14 days to provide the requested paperwork. That’s a long time in a real estate transaction! If the association has provided an online portal to homeowners, the documents should be available to download immediately. Sellers who have not registered for an online portal can usually find access information on their monthly assessment billing statement, so your best bet is to start there and then go to the association or manager. Whichever way you choose, start early!

How much can an association charge for document requests?
Except for payoff information (see the next section), Utah law is pretty specific on what associations or managers can charge a seller for record requests. The best option is to use an online portal where documents should be available for free. If you do have to make a request, here’s what they can charge:

Understanding Fees for HOA Record Requests in Utah.

If you feel an association is unfairly charging a seller for a document request, you can always encourage the seller to submit a request for an Advisory Opinion to our office at hoa.utah.gov.

Navigating Association Payoff Demands

Association payoff information has its own set of requirements, deadlines, and costs. The info below only applies to the HOA “association payoff information” required by Utah law, not all the documents required under the REPC or other Utah laws.

What is required for a proper request for payoff information?
For a request to be legally valid, it needs to be submitted in writing to the HOA’s official contact person, which can be found on the HOA registry on our website. Make sure to include:

  • The agent’s name, phone number, and address.
  • A written, signed, and dated consent form from the seller that says it’s okay to release the information.

How long does an HOA have to respond, and how much can they charge?
An HOA must give you payoff info within 5 days of a valid request. Keep in mind this is a separate deadline from the 14-day rule for general records. The HOA can only charge a max of $50 for the payoff info, and they can’t ask for that fee until after the closing. The $50 cap does not apply to general records requests, which have their own rules, as stated above.

The Consequences of Non-Compliance
If an HOA does not respond to a request for payoff information within 5 business days, they usually lose the ability to enforce a lien on the property for any amount owed before the closing. If a closing is at risk because there’s no response, the closing agent needs to inform the association in writing, reminding them of the 5-day deadline and the fact that they will lose lien rights if they don’t comply.

Working with Management Companies
One of the big problems we’ve heard about from HOA management companies is that some agents don’t submit the payoff requests the right way, which causes a lot of delays. Many HOAs are now using third-party document services instead of keeping everything at their offices. Links to these sites can often be found on the association or manager’s website. Real estate professionals and title companies should make sure to reach out early to figure out the exact request process. That way, you can avoid delays from sending things the wrong way or to the wrong place.

The Agent’s Toolkit: Best Practices for a Smooth Closing
Understanding the law is important, but putting it into practice is what helps prevent closing delays. Real estate professionals can make sure everything goes smoothly for their clients by following the steps below, which are based on Utah state law and advice from HOA management companies.

Verify the Association's Information
Before a seller makes a request, make sure they have the correct contact info! The management companies we spoke to said they often get requests that don’t include the correct name of the HOA, the complete property address of the homeowner, or the correct payoff contact, which delays their response. Don’t be that person! You can find the correct contact info on the HOA Registry on our website.

Help the Seller Help You!
Talk to the seller early about getting all the HOA documents. If the seller doesn't already have them, or can’t get them through an online portal, the seller's agent should work with the seller to send a written request to the HOA or manager ASAP. The HOA has 14 days to hand over those documents, which might be longer than the usual payoff deadline. Waiting too long to ask could delay the closing or make the seller miss the disclosure deadline. Having the documents before the listing goes live helps avoid accidental delays or slip-ups because of the HOA's turnaround time.

Request Everything Early and All at Once
To avoid asking for things late - or twice - and possibly causing delays, make sure you know all the necessary items right from the start. This includes standard disclosures, payoff demands, lender questionnaires, and any other required paperwork. Management companies usually have their hands full managing the day-to-day tasks of their clients, and late or separate requests for the same transaction are harder for them to fulfill on time, so help them work smarter, not harder! Try to include everything in one single request to make things easier on everyone.

Distribute Documents to All Parties
Keep in mind, it’s the job of the seller and their agent to get the documents to everybody in time for all those deadlines. Be sure to include all parties who need the documents at the time of order. That way, everyone gets them fast, can review everything quickly, and you can keep things on track for a smooth closing.

Ask About Rush Options
If a closing is on a tight schedule, the seller or their agent should contact the HOA or its management company to see about any rush processing options. Although these services often involve extra fees, a 24-hour rush option can be really helpful for a time-sensitive closing.

An agent's roadmap to smooth HOA closings in Utah.

Want to know more about these requirements or set up a training session for your group?

Just reach out to us at (801) 530-6670 or visit hoa.utah.gov.


Licensing Stats: October - December 2025

Real Estate Licensing Stats

  • Sales Agents: 18,419
  • Branch Brokers: 138
  • Associate Brokers: 1,818
  • Principal Brokers: 2,461
  • Inactive Licenses: 4,852

Companies and Branches

  • Real Estate Companies: 2,424
  • Branch Offices: 407
  • Property Management Comapnies: 253

Real Estate Enforcement

  • Total Open Cases: 297
  • Complaints Received: 29
  • Cases Pending with Utah Attorney General's Office: 56
  • Cases Closed: 14

Education & Examination

  • Pre-license Schools: 13
  • Pre-license Instructors: 33
  • Continuing Education (CE) Providers: 1,169
  • CE Instructors: 486

Mortgage Licensing Stats

  • Mortgage Loan Originators: 5,938
  • Lending Managers: 1,497
  • Inactive Individuals: 694

Mortgage Companies & Education

  • Mortgage Companies: 986
  • Branch Offices: 369
  • Inactive Entities: 30
  • Pre-license Schools: 3

Mortgage Enforcement

  • Total Open Cases: 32
  • Complaints Received: 4
  • Cases Pending with Utah Attorney General’s Office: 1
  • Cases Closed: 11

Appraisal Licensing

  • Licensed Appraisers: 176
  • Certified General Appraisers: 583
  • Certified Residential Appraisers: 499
  • Appraisal Trainees: 114
  • Appraisal Management Companies: 105

Appraisal Education

  • Pre-license Schools: 9
  • Pre-license Instructors: 32
  • Continuing Education (CE) Providers: 48
  • Continuing Education (CE) Instructors: 93

Appraisal Enforcement

  • Total Open Cases: 30
  • Complaints Received: 4
  • Cases Pending with Utah Attorney General’s Office: 15
  • Cases Closed: 6

Rule Developments since Sept. 1, 2025

To view and comment on any proposed or amended rules during the public comment period, please visit the Utah State Bulletin.

Appraisal Management Company Rules

There are no proposed rule amendments under consideration for the AMC Administrative Rule at this time.

Appraisal

At this time, there are no proposed rule amendments under consideration for the Real Estate Appraiser Licensing and Certification Administrative Rules the "Appraiser Rule". However, there is one Appraiser Rule matter moving forward. Utah law provides that every five years administrative rules must be reviewed and continued. Otherwise, the rules expire. The Appraiser Rule will expire in April 2026, unless it is continued. The Division is preparing to file a Five-Year Review and Statement of Continuation for the Appraiser Rule, in order that the Appraiser Rule may be continued.

Mortgage

The Division has filed a proposed amendment to the Utah Residential Mortgage Practices and Licensing Rule. The proposed amendment would reduce the Utah-specific prelicense education for a mortgage loan originator license from 15 hours to five hours. The proposed rule amendment is currently under review by the Office of Administrative Rules. After their review and approval, the proposed rule will be published with a 30-day window for public comment on the proposed amendment. The entire process may be completed in approximately nine weeks. However, depending on the timing of the review process, it may take several months to complete.

Real Estate

The Real Estate Rules Committee is working on a new administrative rule to recommend to the Real Estate Commission and Division. The proposed rule will specifically address the licensing and practices of the new property manager license that will be available on July 1, 2026. The new rule is in the process of being drafted and will be presented to the Real Estate Commission and Division for their consideration. This is an ongoing process and the Real Estate Rules Committee continues to meet to consider various aspects of the proposed new rule.

Timeshare and Camp Resort

There are no proposed rule amendments under consideration for the Timeshare and Camp Resort Rule at this time.


Staying Compliant: How to Check Your CE Credits

Please note that Utah law allows 30 days for appeal of an order. Some of the actions below might be subject to this appeal right or currently under appeal.

To view a copy of an order referenced in this article, please email us at [email protected].

APPRAISAL/AMC

MARTELL BODELL, II, Certified Residential Appraiser, Draper, Utah.  In a stipulated order dated November 18, 2025, Mr. Bodell admitted to having violated Utah law and the Uniform Standards of Professional Appraisal Practice, including: the USPAP Competency Rule; USPAP Standard Rule 1-1, Real Property Appraisal Development; Rule 1-2, Problem Identification; Rule 1-4, Approaches to value; Rule 1-6, Reconciliation; Rule 1-3, Highest and Best Use; and Rule 2-1 Hypothetical Conditions.  These violations occurred when Mr. Bodell completed an appraisal report for proposed new townhouse pads. He failed to disclose his lack of knowledge or experience for the appraisal.  The resulting report contained numerous inconsistencies and errors, with unsupported adjustments for comparable properties.  Mr. Bodell agreed to pay a civil penalty of $3,000 to complete 11 hours of continuing education in addition to the continuing education required for his next license renewal.  Docket number AP-2025-008 and Division Case number 158642.

MORTGAGE

AMY BLOXHAM, Mortgage Loan Originator, Bluffdale, Utah.  In a stipulated order dated December 23, 2025, Ms. Bloxham admitted that she participated in a complex strategy to help borrowers obtain down payment and closing costs through loans disguised as gifted funds.  She represented that numerous borrowers had supposedly received gifts enabling them to qualify for a mortgage loan when in reality, the purported gift funds were actually part of the borrowed funds from loans used to purchase solar panels at an inflated price.  The solar panel company returned a portion of the purchase price to the buyer. The purchase price of the solar panels was financed at 100% of the inflated purchase price with a portion of the borrowed funds returned to the buyer.  This resulted in a debt that was a separate obligation of the borrowers. The funds returned to the buyer were deceptively presented in the mortgage application as gift funds.  The strategy enabled the borrowers to qualify for a mortgage loan they otherwise may not have.  Ms. Bloxham provided the gift fund letters to the borrowers.  Ms. Bloxham's conduct in these loan transactions violated Utah law.  She agreed to pay a civil penalty of $10,000 and that her mortgage loan originator license be revoked.  Docket number RE-25-5090 and DRE Case number MG-22-137185.

REAL ESTATE

DERRICK C. CLARK, Principal Broker, Centerville, Utah. In a stipulated order dated November 19, 2025, Mr. Clark admitted that he represented a buyer in a transaction without a written agency agreement and using an email address that indicated that he was the associate broker of a brokerage when, in reality, he was the principal broker of a different brokerage.  Mr. Clark admits that his actions are in violation of Utah law and administrative rules.  He agreed to pay a civil penalty of $4,000 and to complete three hours of continuing education in addition to the continuing education required for his next license renewal.  Docket number RE-2025-105 and Division Case number 152631.

MICHAEL SCOTT DRURY, Unlicensed (Previously licensed as a Principal Broker), Cottonwood Heights, Utah. In a stipulated order dated August 25, 2025, Mr. Drury admitted that he identified himself as a "consultant" in a letter of intent which provided that his company be paid a flat consulting fee of $114,000 in a proposed property transaction and that a separate fee be paid to the listing brokerage. Mr. Drury later inquired of the Division as to whether he could be paid a fee as a W-2 employee of the buyer or if he could use a durable power of attorney acting on behalf of the buyer and collect a fee.  The Division informed him that the power of attorney would allow him to act as the buyer, but not collect a fee.  The buyer later declined to accept the offer.  Mr. Drury admits that his conduct is in violation of Utah law that requires an individual to be licensed if the individual attempts, for valuable consideration, to offer for another person to buy, sell, lease, manage, or exchange real estate.  Mr. Drury agreed to pay a civil penalty of $5,000, to cease and desist from violations of the Utah Real Estate Licensing and Practices Act and administrative rules, and to obtain the appropriate license prior to engaging in activities that require a license.  Docket number RE-24-5073 and Division Case number RE-22-132378.

MICHAEL D. HESLOP, Principal Broker, Farmington, Utah.  In a stipulated order dated October 20, 2025, Mr. Heslop admitted that he advertised property for sale without having a written listing agreement and without disclosing his brokerage information in the advertisement.  In addition, after changing brokerages, Mr. Heslop continued advertising using the name of his prior brokerage after being notified of the violation by the Division.  This conduct is in violation of Utah law and administrative rules.  Mr. Heslop agreed to pay a civil penalty of $1,500 and to complete three hours of continuing education in addition to the continuing education required for his next license renewal.  Docket number RE-2025-116 and Division Case number 149751.

PAULA HIGMAN, Sales Agent, Park City, Utah.  In a stipulated order dated November 19, 2025, Ms. Higman admitted to having violated Utah law and administrative rules in two separate scenarios. In the first matter, Ms. Higman admitted that she acted without the requisite competence while representing a buyer in a failed transaction.  Ms. Higman had previously represented a person who agreed to pay large amounts of earnest money in two separate failed property transactions. Her former client failed to deposit the earnest money and these transactions failed.  This former client later contacted Ms. Higman and asked if she had any clients who might benefit from secondary financing.  Her former client used a fictitious name and had an extensive criminal record and history of fraud.  Notwithstanding the previous failed transactions, Ms. Higman facilitated the personal loan agreement using her DocuSign account. The former client failed to deliver the promised funds and Ms. Higman's new client, the buyer in the proposed transaction, lost her $5,000 earnest money.  Ms. Higman has since compensated the client for the lost $5,000.

In the second scenario, Ms. Higman posted video advertisements of her listings.  The Division located eight advertisements that had expired, reflected her previous brokerage, or advertised a property that had been sold.

Ms. Higman agreed to pay a civil penalty of $8,000 and to complete three hours of continuing education in addition to the continuing education required for her next license renewal.  Docket number RE-23-5012 and Division Case number RE-21-124296.

SHANE L. JOURDAIN, sales agent, St. George, Utah.  In a stipulated order dated October 21, 2025, Mr. Jourdain admitted that he took a video of property listed with a broker with whom he was not affiliated and without the broker's permission.  Later, after the listing had been cancelled, Mr. Jourdain participated in a television interview, noting details about the owner and giving the impression that he was the listing agent.  He then posted the video of the interview on his Instagram account.  The owner of the property later listed with another broker and sold the property.  Even after the property had been sold, Mr. Jourdain continued to market the property for sale via Instagram and Facebook without a listing agreement.  Mr. Jourdain also marketed five other properties for which he no longer had listings after the listing had expired or the property sold.  This conduct is in violation of Utah law and administrative rules.  Mr. Jourdain agreed to pay a civil penalty of $3,350 and to complete six hours of continuing education in addition to the continuing education required for his next license renewal.  Docket number RE-2025-093 and Division Case number 151825.

TIMESHARE

There were no disciplinary actions in the Timeshare industry in the fourth quarter.


Welcome, Our New Team Members!

We’re pleased to introduce the newest additions to our team:

  • Heather Brierley - Real Estate Licensing Specialist
  • Leonardo Cruz - Real Estate Licensing Specialist
  • Bill Nieves - Real Estate Investigator
  • Brandt Revell - Real Estate Investigator
  • Justin Whitney - Mortgage Investigator
  • Misty Woods - Administrative Assistant
  • Hallee Booth - Communications & Stakeholder Engagement Specialist

Please join us in welcoming them! We’re excited to have their talent and expertise on board.

Promotions from Within

We’re proud to recognize the following team members on their recent promotions:

  • Bryn Kaelin – Chief Investigator
  • Regina Duncan – Senior Education Coordinator

Congratulations to both on their well-deserved achievements!


Division Calendar

Jan. 7, Wednesday, Mortgage Commission Meeting, 9 a.m. to 1 p.m.

Jan. 19, Monday, Dr. Martin Luther King, Jr. Day, Division Offices Closed

Jan. 21, Wednesday, Real Estate Commission Meeting, 9 a.m. to 1 p.m.

Jan. 28, Wednesday, Appraiser Board Meeting, 9 a.m. to 1 p.m.

Feb. 16, Monday, Washington and Lincoln Day, Division Offices Closed

Feb. 18, Wednesday, Real Estate Commission Meeting, 9 a.m. to 1 p.m.

Feb. 25, Wednesday, Appraiser Board Meeting, 9 a.m. to 1 p.m.

March 18, Wednesday, Real Estate Commission Meeting, 9 a.m. to 1 p.m.

March 25, Wednesday, Appraiser Board Meeting, 9 a.m. to 1 p.m.

April 8, Wednesday, Mortgage Commission Meeting, 9 a.m. to 1 p.m.

April 22, Wednesday, Real Estate Commission Meeting, 9 a.m. to 1 p.m.

April 29, Wednesday, Appraiser Board Meeting, 9 a.m. to 1 p.m.


Social Media Links & Feedback


Social Media Links

Did you know……

The Division of Real Estate is on Facebook and Instagram making it easier than ever to stay connected and in the know!

Both are great places to stay up to date on renewal dates, deadlines, rule and industry updates, event announcements, and much more. Click the links below and be sure to follow our pages!

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Credits

Director: Leigh Veillette

Editor/Contributor: Laurel North

Editor/Contributor: Justin Barney

Editor/Contributor: Bryn Kaelin

Contributor/Layout: Hallee Booth

Contributor: Erin Rider

Contributor: Michael Genco

Contributor: Mike Page

Contributor: Regina Duncan

Contributor: Van Kagie

2025 Published by
Utah Division of Real Estate
Department of Commerce
160 E 300 S
PO Box 146711
SLC UT 84114
(801) 530-6747

Real Estate Commissioners

  • Rick Southwick, Chair
  • James Bringhurst, Vice Chair
  • Andrea Wilson
  • Marie McClelland
  • Randal Smith

Mortgage Commissioners

  • Christy Vail, Chair
  • Jeff Flitton, Vice Chair
  • Allison Olsen
  • Gina Johnson
  • Jeff England

Appraiser Licensing and Certification Board Members

  • Keven Ewell, Chair
  • Kris Poulson, Vice Chair
  • Jeffrey T. Morley
  • Richard Sloan
  • Ron Jensen
  • Kelle Smart