2002 Minnesota Statutes

CHAPTER 82. Real estate brokers and salespersons

  82.01 Repealed, 1973 c 410 s 19 

  82.02 Repealed, 1973 c 410 s 19 

  82.03 Repealed, 1973 c 410 s 19; 1974 c 406 s 89 

  82.035 Repealed, 1973 c 410 s 19 

  82.04 Repealed, 1973 c 410 s 19 

  82.05 Repealed, 1973 c 410 s 19 

  82.06 Repealed, 1973 c 410 s 19 

  82.07 Repealed, 1973 c 410 s 19 

  82.08 Repealed, 1973 c 410 s 19 

  82.09 Repealed, 1973 c 410 s 19 

  82.10 Repealed, 1973 c 410 s 19 

  82.11 Repealed, 1973 c 410 s 19 

  82.12 Repealed, 1973 c 410 s 19 

  82.125 Repealed, 1973 c 410 s 19 

  82.13 Repealed, 1973 c 410 s 19 

  82.14 Repealed, 1973 c 410 s 19 

  82.15 Repealed, 1973 c 410 s 19 

  82.16 Repealed, 1973 c 410 s 19 

     82.17 Definitions. 

    Subdivision 1.    Scope.  For the purposes of this 
 chapter the terms defined in this section have the meanings 
 given to them.  

    Subd. 2.    Person.  "Person" means a natural person, 
 firm, partnership, corporation or association, and the officers, 
 directors, employees and agents thereof.  

    Subd. 3.    Commissioner.  "Commissioner" means the 
 commissioner of commerce or a designee.  

    Subd. 4.    Real estate broker; broker.  "Real estate 
 broker" or "broker" means any person who: 

    (a) for another and for commission, fee, or other valuable 
 consideration or with the intention or expectation of receiving 
 the same directly or indirectly lists, sells, exchanges, buys or 
 rents, manages, or offers or attempts to negotiate a sale, 
 option, exchange, purchase or rental of an interest or estate in 
 real estate, or advertises or holds out as engaged in these 
 activities; 

    (b) for another and for commission, fee, or other valuable 
 consideration or with the intention or expectation of receiving 
 the same directly or indirectly negotiates or offers or attempts 
 to negotiate a loan, secured or to be secured by a mortgage or 
 other encumbrance on real estate, which is not a residential 
 mortgage loan as defined by section 58.02, subdivision 18; 

    (c) for another and for commission, fee, or other valuable 
 consideration or with the intention or expectation of receiving 
 the same directly or indirectly lists, sells, exchanges, buys, 
 rents, manages, offers or attempts to negotiate a sale, option, 
 exchange, purchase or rental of any business opportunity or 
 business, or its good will, inventory, or fixtures, or any 
 interest therein; 

    (d) for another and for commission, fee, or other valuable 
 consideration or with the intention or expectation of receiving 
 the same directly or indirectly offers, sells or attempts to 
 negotiate the sale of property that is subject to the 
 registration requirements of chapter 83, concerning subdivided 
 land; 

    (e) for another and for commission, fee, or other valuable 
 consideration or with the intention or expectation of receiving 
 the same, promotes the sale of real estate by advertising it in 
 a publication issued primarily for this purpose, if the person:  

    (1) negotiates on behalf of any party to a transaction; 

    (2) disseminates any information regarding the property to 
 any party or potential party to a transaction subsequent to the 
 publication of the advertisement, except that in response to an 
 initial inquiry from a potential purchaser, the person may 
 forward additional written information regarding the property 
 which has been prepared prior to the publication by the seller 
 or broker or a representative of either; 

    (3) counsels, advises, or offers suggestions to the seller 
 or a representative of the seller with regard to the marketing, 
 offer, sale, or lease of the real estate, whether prior to or 
 subsequent to the publication of the advertisement; 

    (4) counsels, advises, or offers suggestions to a potential 
 buyer or a representative of the seller with regard to the 
 purchase or rental of any advertised real estate; or 

    (5) engages in any other activity otherwise subject to 
 licensure under this chapter; 

    (f) engages wholly or in part in the business of selling 
 real estate to the extent that a pattern of real estate sales is 
 established, whether or not the real estate is owned by the 
 person.  A person shall be presumed to be engaged in the 
 business of selling real estate if the person engages as 
 principal in five or more transactions during any 12-month 
 period, unless the person is represented by a licensed real 
 estate broker or salesperson. 

    Subd. 5.    Real estate salesperson.  "Real estate 
 salesperson" means one who acts on behalf of a real estate 
 broker in performing any act authorized by this chapter to be 
 performed by the broker.  

    Subd. 6.    Trust account.  "Trust account" means, for 
 purposes of this chapter, a savings account, negotiable order of 
 withdrawal account, demand deposit or checking account 
 maintained for the purpose of segregating trust funds from other 
 funds.  A trust account must be an interest-bearing account 
 paying the highest current passbook savings account rate of 
 interest and must not allow the financial institution a right of 
 set off against money owed it by the licensee. 

    Subd. 7.    Trust funds.  "Trust funds" means funds 
 received by a broker, salesperson, or closing agent in a 
 fiduciary capacity as a part of a real estate or business 
 opportunity transaction, pending the consummation or termination 
 of a transaction, and includes all down payments, earnest money 
 deposits, rents for clients, tax and insurance escrow payments, 
 damage deposits, and any funds received on behalf of any person.

    Subd. 8.    Real estate.  For purposes of sections 82.17 
 to 82.34, "real estate" shall also include a manufactured home, 
 when such manufactured home is affixed to land.  Manufactured 
 home means any factory built structure or structures equipped 
 with the necessary service connections and made so as to be 
 readily movable as a unit or units and designed to be used as a 
 dwelling unit or units.  

    Subd. 9.    Public member.  "Public member" means a 
 person who is not, or never was, a real estate broker, real 
 estate salesperson, or a closing agent or the spouse of such 
 person, or a person who has no, or never has had a material 
 financial interest in acting as a real estate broker, real 
 estate salesperson, or a closing agent or a directly related 
 activity. 

    Subd. 10.    Closing agent; real estate closing agent.  
 "Closing agent" or "real estate closing agent" means any person 
 whether or not acting as an agent for a title company, a 
 licensed attorney, real estate broker, or real estate 
 salesperson, who for another and with or without a commission, 
 fee, or other valuable consideration or with or without the 
 intention or expectation of receiving a commission, fee, or 
 other valuable consideration, directly or indirectly provides 
 closing services incident to the sale, trade, lease, or loan of 
 residential real estate, including drawing or assisting in 
 drawing papers incident to the sale, trade, lease, or loan, or 
 advertises or claims to be engaged in these activities.  

    Subd. 11.    Dual agency.  "Dual agency" means a 
 situation in which a licensee owes a duty to more than one party 
 to the transaction.  

    Circumstances which establish dual agency include the 
 following:  

    (1) when one licensee represents both the buyer and the 
 seller in a real estate transaction; or 

    (2) when two or more licensees, licensed to the same 
 broker, each represent a party to the transaction. 

    Subd. 12.    Residential real property or residential real 
 estate.  "Residential real property" or "residential real 
 estate" means property occupied by, or intended to be occupied 
 by, one to four families as their residence. 

    HIST: 1973 c 410 s 1; 1980 c 516 s 2; 1981 c 365 s 9; 1983 c 
 284 s 11,12; 1984 c 552 s 7; 1986 c 358 s 7; 1986 c 444; 1987 c 
 105 s 3; 1987 c 336 s 20; 1988 c 654 s 1; 1988 c 695 s 2; 1989 c 
 347 s 1-3; 1993 c 309 s 1-3; 1995 c 202 art 1 s 25; 1998 c 343 
 art 2 s 2 

  82.175 Repealed, 1998 c 343 art 1 s 18 

     82.176 Table funding. 

    Subdivision 1.    Definitions.  (a) For purposes of this 
 section, the terms in this subdivision have the meanings given 
 them.  

    (b) "Closing agent" has the meaning given in section 82.17, 
 subdivision 10.  

    (c) "Collected funds" means funds deposited, finally 
 settled, and credited to the closing agent's escrow account. 

    (d) "Established business relationship" means that the 
 closing agent has performed at least 25 residential closings on 
 behalf of the lender. 

    (e) "Federally insured financial institution" means an 
 institution in which monetary deposits are insured by the 
 Federal Deposit Insurance Corporation or National Credit Union 
 Administration.  

    (f) "Lender" means a person who makes residential mortgage 
 loans including a person who engages in table funding.  "Lender" 
 does not include any organization described in section 501(c)(3) 
 or 501(c)(4) of the Internal Revenue Code of 1986, as amended, 
 if the organization is exempt from tax under section 501(a) of 
 the Internal Revenue Code of 1986, as amended.  "Lender" does 
 not include a state or any political subdivision of a state. 

    (g) "Qualified loan funds" means funds in one of the 
 following forms:  

    (1) lawful money of the United States; 

    (2) wired funds when unconditionally held by the closing 
 agent; 

    (3) cashier's checks, certified checks, bank money orders, 
 or teller's checks issued by a federally insured financial 
 institution and unconditionally held by the closing agent; and 

    (4) United States treasury checks, Federal Reserve Bank 
 checks, federal home loan bank checks, and state of Minnesota 
 warrants.  

    (h) "Table funding" means a closing or settlement at which 
 a mortgage loan is funded by a lender by a contemporaneous 
 advance of mortgage loan funds and an assignment of the mortgage 
 loan to the lender advancing the funds.  

    Subd. 2.    Requirements.  (a) A closing agent shall not 
 make disbursements out of an escrow, security deposit, 
 settlement, or closing account unless the funds received from 
 the lender are collected funds or qualified loan funds.  This 
 subdivision does not prohibit a closing agent from electing to 
 disburse out of an escrow, security deposit, settlement, or 
 closing account, other than with collected funds or qualified 
 loan funds, if the closing agent has an established business 
 relationship with the lender on whose behalf the closing is 
 being conducted. 

    (b) A lender, using the closing services of a closing 
 agent, shall at or before the time of the closing deliver loan 
 funds to the closing agent either in the form of collected funds 
 or qualified loan funds. 

    HIST: 1998 c 344 s 1 

     82.18 Exceptions. 

    Unless a person is licensed or otherwise required to be 
 licensed under this chapter, the term real estate broker does 
 not include: 

    (a) a licensed practicing attorney if the attorney complies 
 in all respects with the trust account provisions of this 
 chapter; 

    (b) a receiver, trustee, administrator, guardian, executor, 
 or other person appointed by or acting under the judgment or 
 order of any court; 

    (c) any person owning and operating a cemetery and selling 
 lots therein solely for use as burial plots; 

    (d) any custodian, janitor, or employee of the owner or 
 manager of a residential building who leases residential units 
 in the building; 

    (e) any bank, trust company, savings association, 
 industrial loan and thrift company, regulated lender under 
 chapter 56, public utility, or land mortgage or farm loan 
 association organized under the laws of this state or the United 
 States, when engaged in the transaction of business within the 
 scope of its corporate powers as provided by law; 

    (f) public officers while performing their official duties; 

    (g) employees of persons enumerated in clauses (b), (e), 
 and (f), when engaged in the specific performance of their 
 duties; 

    (h) any person who acts as an auctioneer bonded in 
 conformity with section 330.02, when that person is engaged in 
 the specific performance of duties as an auctioneer, and when 
 that person has been employed to auction real estate by a person 
 licensed under this chapter or when the auctioneer has engaged a 
 licensed attorney to supervise the real estate transaction; 

    (i) any person who acquires real estate for the purpose of 
 engaging in and does engage in, or who is engaged in the 
 business of constructing residential, commercial or industrial 
 buildings for the purpose of resale if no more than 25 such 
 transactions occur in any 12-month period and the person 
 complies with section 82.24; 

    (j) any person who is licensed as a securities 
 broker-dealer or is licensed as a securities agent representing 
 a broker-dealer pursuant to chapter 80A and who offers to sell 
 or sells an interest or estate in real estate which is a 
 security as defined in section 80A.14, subdivision 18, and is 
 registered or exempt from registration or part of a transaction 
 exempt from registration pursuant to chapter 80A, when acting 
 solely as an incident to the sale of these securities; 

    (k) any person who offers to sell or sells a business 
 opportunity which is a franchise registered pursuant to chapter 
 80C, when acting solely to sell the franchise; 

    (l) any person who contracts with or solicits on behalf of 
 a provider a contract with a resident or prospective resident to 
 provide continuing care in a facility, pursuant to the 
 Continuing Care Facility Disclosure and Rehabilitation Act 
 (chapter 80D), when acting solely as incident to the contract; 

    (m) any broker-dealer or agent of a broker-dealer when 
 participating in a transaction in which all or part of a 
 business opportunity or business, including any interest 
 therein, is conveyed or acquired pursuant to an asset purchase, 
 merger, exchange of securities, or other business combination, 
 if the agent or broker-dealer is licensed pursuant to chapter 
 80A; 

    (n) an accountant acting incident to the practice of the 
 accounting profession if the accountant complies in all respects 
 with the trust account provisions of this chapter. 

    HIST: 1973 c 410 s 2; 1975 c 38 s 1; 1976 c 2 s 37; 1976 c 197 
 s 1; 1976 c 230 s 1; 1976 c 239 s 19; 1980 c 516 s 20; 1981 c 
 135 s 13; 1983 c 252 s 15; 1983 c 284 s 13; 1984 c 653 s 1; 1986 
 c 444; 1989 c 347 s 4; 1991 c 311 s 1; 1995 c 68 s 1; 1995 c 202 
 art 1 s 25; 1998 c 343 art 2 s 3 

     82.19 Prohibitions. 

    Subdivision 1.    License required.  No person shall act 
 as a real estate broker, salesperson, or real estate closing 
 agent unless licensed as herein provided.  

    Subd. 2.    Misrepresenting status as licensee.  No 
 persons shall advertise or represent themselves to be real 
 estate brokers, salespeople, or closing agents unless licensed 
 as herein provided.  

    Subd. 3.    Commission-splitting, rebates, and fees.  No 
 real estate broker, salesperson, or closing agents shall offer, 
 pay, or give, and no person shall accept, any compensation or 
 other thing of value from any real estate broker, salesperson, 
 or closing agents by way of commission-splitting, rebate, 
 finder's fees, or otherwise, in connection with any real estate 
 or business opportunity transaction.  This subdivision does not 
 apply to transactions (1) between a licensed real estate broker 
 or salesperson and the person by whom the broker or salesperson 
 is engaged to purchase or sell real estate or business 
 opportunity, (2) among persons licensed as provided herein, (3) 
 between a licensed real estate broker or salesperson and persons 
 from other jurisdictions similarly licensed in that 
 jurisdiction, (4) involving timeshare or other recreational 
 lands where the amount offered or paid does not exceed $150, and 
 payment is not conditioned upon any sale but is made merely for 
 providing the referral and the person paying the fee is bound by 
 any representations the person receiving the fee makes, and (5) 
 involving a person who receives a referral fee from a person or 
 an agent of a person licensed under this section, provided that 
 in any 12-month period, no recipient may earn more than the 
 value of one month's rent, that the recipient is a resident of 
 the property or has lived there within 60 days of the payment of 
 the fee, and that the person paying the fee is bound by any 
 representations made by the recipient of the fee.  A licensed 
 real estate broker or salesperson may assign or direct that 
 commissions or other compensation earned in connection with any 
 real estate or business opportunity transaction be paid to a 
 corporation of which the licensed real estate broker or 
 salesperson is the sole owner. 

    Subd. 4.    Authorizing or engaging unlicensed person to 
 act on licensee's behalf.  No real estate broker, salesperson, 
 or closing agent shall engage or authorize any person, except 
 one licensed as provided herein, to act as a real estate broker, 
 salesperson, or closing agent on the engager's or authorizer's 
 behalf.  

    Subd. 4a.    Self-serving provision prohibited.  No 
 purchase agreement, earnest money contract, or similar contract 
 for the purchase, rental, or lease of real property may contain 
 any hold harmless clause or arbitration clause which addresses 
 the rights or liabilities of persons required to be licensed 
 pursuant to this chapter unless the person required to be 
 licensed is a principal in the transaction.  

    This does not prohibit separate and independent written 
 agreements between any of the parties and persons required to be 
 licensed pursuant to this chapter.  

    Subd. 5.    Disclosure regarding representation of 
 parties.  (a) No person licensed pursuant to this chapter or 
 who otherwise acts as a real estate broker or salesperson shall 
 fail to provide at the first substantive contact with a consumer 
 in a residential real property transaction an agency disclosure 
 form as set forth in section 82.197. 

    (b) The seller may, in the listing agreement, authorize the 
 seller's broker to disburse part of the broker's compensation to 
 other brokers, including the buyer's brokers solely representing 
 the buyer.  A broker representing a buyer shall make known to 
 the seller or the seller's agent the fact of the agency 
 relationship before any showing or negotiations are initiated. 

    Subd. 6.    Closing agents.  A real estate closing agent 
 may not charge a fee for closing services to a borrower, and a 
 borrower may not be required to pay such a fee at settlement, if 
 the fee was not previously disclosed in writing at least one 
 business day before the settlement.  This disclosure requirement 
 will be considered satisfied if a disclosure is made or an 
 estimate given under section 507.45. 

    Subd. 7.    Securities sold by businesses outside scope of 
 licensing.  A license issued under this chapter does not allow 
 a licensee to engage in the business of buying, selling, 
 negotiating, brokering, or otherwise dealing in vendor's 
 interests in contracts for deed, mortgagee's interests in 
 mortgages, or other evidence of indebtedness regarding real 
 estate, except that a licensee may, if there is no compensation 
 in addition to the brokerage commission or fee, and if the 
 licensee represents the seller, buyer, lessor, or lessee in the 
 sale, lease, or exchange of real estate, arrange for the sale of 
 a contract, mortgage, or similar evidence of indebtedness for 
 the subject property. 

    Subd. 8.    Closing services.  No real estate broker, 
 salesperson, or closing agent shall require a person to use any 
 particular lender, licensed attorney, real estate broker, real 
 estate salesperson, real estate closing agent, or title company 
 in connection with a residential real estate closing. 

    Subd. 9.  MS 1993 Supp Repealed, 1994 c 587 art 5 s 31 

    Subd. 9.    Exclusive agreements.  (a) Except as 
 provided in paragraph (c), a licensee shall not negotiate the 
 sale, exchange, lease, or listing of any real property directly 
 with the owner or lessor knowing that the owner or lessor has 
 executed a written contract granting exclusive representation or 
 assistance in connection with the property to another real 
 estate broker, buyer, or lessee, nor shall a licensee negotiate 
 the purchase, lease, or exchange of real property knowing that 
 the buyer or lessee has executed a written contract granting 
 exclusive representation or assistance for the purchase, lease, 
 or exchange of the real property with another real estate broker.

    (b) Licensees shall not induce any party to a contract of 
 sale, purchase, lease, or option, or to an exclusive listing 
 agreement or buyer's agreement, or facilitator services 
 agreement, to breach the contract, option, or agreement. 

    (c) A licensee may discuss the terms upon which a listing 
 or buyer representation contract or a contract for facilitator 
 services may be entered into after expiration of any existing 
 exclusive contract when the inquiry or discussion is initiated 
 by the owner, lessor, buyer, or lessee.  The licensee must 
 inquire of the owner, lessor, buyer, or lessee whether such an 
 exclusive contract exists. 

    HIST: 1973 c 410 s 3; 1975 c 38 s 2; 1985 c 148 s 1; 1985 c 
 251 s 6,7; 1986 c 358 s 8; 1986 c 444; 1989 c 347 s 5-9; 1992 c 
 555 art 1 s 2; 1993 c 309 s 4-6; 1993 c 375 art 5 s 1; 1995 c 68 
 s 2; 1996 c 439 art 3 s 1; 1997 c 73 s 1; 1997 c 222 s 33; 2002 
 c 286 s 1 

     82.195 Listing agreements. 

    Subdivision 1.    Requirement.  Licensees shall obtain a 
 signed listing agreement or other signed written authorization 
 from the owner of real property or from another person 
 authorized to offer the property for sale or lease before 
 advertising to the general public that the real property is 
 available for sale or lease.  

    For the purposes of this section "advertising" includes 
 placing a sign on the owner's property that indicates that the 
 property is being offered for sale or lease.  

    Subd. 2.    Contents.  All listing agreements must be in 
 writing and must include:  

    (1) a definite expiration date; 

    (2) a description of the real property involved; 

    (3) the list price and any terms required by the seller; 

    (4) the amount of any compensation or commission or the 
 basis for computing the commission; 

    (5) a clear statement explaining the events or conditions 
 that will entitle a broker to a commission; 

    (6) information regarding an override clause, if 
 applicable, including a statement to the effect that the 
 override clause will not be effective unless the licensee 
 supplies the seller with a protective list within 72 hours after 
 the expiration of the listing agreement; 

    (7) the following notice in not less than ten point 
 boldface type immediately preceding any provision of the listing 
 agreement relating to compensation of the licensee:  

    "NOTICE:  THE COMPENSATION FOR THE SALE, LEASE, RENTAL, OR 
 MANAGEMENT OF REAL PROPERTY SHALL BE DETERMINED BETWEEN EACH 
 INDIVIDUAL BROKER AND THE BROKER'S CLIENT."; 

    (8) for residential property listings, the following "dual 
 agency" disclosure statement: 

    If a buyer represented by broker wishes to buy your 
 property, a dual agency will be created.  This means that broker 
 will represent both you and the buyer(s), and owe the same 
 duties to the buyer(s) that broker owes to you.  This conflict 
 of interest will prohibit broker from advocating exclusively on 
 your behalf.  Dual agency will limit the level of representation 
 broker can provide.  If a dual agency should arise, you will 
 need to agree that confidential information about price, terms, 
 and motivation will still be kept confidential unless you 
 instruct broker in writing to disclose specific information 
 about you.  All other information will be shared.  Broker cannot 
 act as a dual agent unless both you and the buyer(s) agree to 
 it.  By agreeing to a possible dual agency, you will be giving 
 up the right to exclusive representation in an in-house 
 transaction.  However, if you should decide not to agree to a 
 possible dual agency, and you want broker to represent you, you 
 may give up the opportunity to sell your property to buyers 
 represented by broker. 

                 Seller's Instructions to Broker 

    

    Having read and understood this information about dual 
 agency, seller(s) now instructs broker as follows: 

 .......     Seller(s) will agree to a dual agency 

             representation and will consider offers made 

             by buyers represented by broker. 

    

 .......     Seller will not agree to a dual agency

             representation and will not consider offers

             made by buyers represented by broker. 

    

    

 .........................      ......................... 

 Seller                         Broker 

    

    

 .........................      By:  .................... 

 Seller                              Salesperson 

    

 Date:  ..................; 

    (9) a notice requiring the seller to indicate in writing 
 whether it is acceptable to the seller to have the licensee 
 arrange for closing services or whether the seller wishes to 
 arrange for others to conduct the closing; and 

    (10) for residential listings, a notice stating that after 
 the expiration of the listing agreement, the seller will not be 
 obligated to pay the licensee a fee or commission if the seller 
 has executed another valid listing agreement pursuant to which 
 the seller is obligated to pay a fee or commission to another 
 licensee for the sale, lease, or exchange of the real property 
 in question.  This notice may be used in the listing agreement 
 for any other type of real estate.  

    Subd. 3.    Prohibited provisions.  Except as otherwise 
 provided in subdivision 4, paragraph (b), licensees shall not 
 include in a listing agreement a holdover clause, automatic 
 extension, or any similar provision, or an override clause the 
 length of which is more than six months after the expiration of 
 the listing agreement. 

    Subd. 4.    Override clauses.  (a) Licensees shall not 
 seek to enforce an override clause unless a protective list has 
 been furnished to the seller within 72 hours after the 
 expiration of the listing agreement.  

    (b) A listing agreement may contain an override clause of 
 up to two years in length when used in conjunction with the 
 purchase or sale of a business.  The length of the override 
 clause must be negotiable between the licensee and the seller of 
 the business.  The protective list provided in connection with 
 the override clause must include the written acknowledgment of 
 each party named on the protective list, that the business which 
 is the subject of the listing agreement was presented to that 
 party by the licensee. 

    Subd. 5.    Protective lists.  A broker or salesperson 
 has the burden of demonstrating that each person on the 
 protective list has, during the period of the listing agreement, 
 either made an affirmative showing of interest in the property 
 by responding to an advertisement or by contacting the broker or 
 salesperson involved or has been physically shown the property 
 by the broker or salesperson.  For the purpose of this section, 
 the mere mailing or other distribution by a licensee of 
 literature setting forth information about the property in 
 question does not, of itself, constitute an affirmative showing 
 of interest in the property on the part of a subsequent 
 purchaser.  

    For listings of nonresidential real property which do not 
 contain the notice described in subdivision 2, clause (10), the 
 protective list must contain the following notice in boldface 
 type: 

    "IF YOU RELIST WITH ANOTHER BROKER WITHIN THE OVERRIDE 
 PERIOD AND THEN SELL YOUR PROPERTY TO ANYONE WHOSE NAME APPEARS 
 ON THIS LIST, YOU COULD BE LIABLE FOR FULL COMMISSIONS TO BOTH 
 BROKERS.  IF THIS NOTICE IS NOT FULLY UNDERSTOOD, SEEK COMPETENT 
 ADVICE." 

    HIST: 1993 c 309 s 7; 1994 c 465 art 1 s 4; 1995 c 68 s 3; 
 1996 c 439 art 3 s 2; 2001 c 208 s 9 

     82.196 Buyer's broker agreements. 

    Subdivision 1.    Requirements.  Licensees shall obtain 
 a signed buyer's broker agreement from a buyer before performing 
 any acts as a buyer's representative and before a purchase 
 agreement is signed. 

    Subd. 2.    Contents.  All buyer's broker agreements 
 must be in writing and must include:  

    (1) a definite expiration date; 

    (2) the amount of any compensation or commission, or the 
 basis for computing the commission; 

    (3) a clear statement explaining the services to be 
 provided to the buyer by the broker, and the events or 
 conditions that will entitle a broker to a commission or other 
 compensation; 

    (4) a clear statement explaining if the agreement may be 
 canceled and the terms under which the agreement may be 
 canceled; 

    (5) information regarding an override clause, if 
 applicable, including a statement to the effect that the 
 override clause will not be effective unless the licensee 
 supplies the buyer with a protective list within 72 hours after 
 the expiration of the buyer's broker agreement; 

    (6) the following notice in not less than ten point 
 boldface type immediately preceding any provision of the buyer's 
 broker agreement relating to compensation of the licensee: 

    "NOTICE:  THE COMPENSATION FOR THE PURCHASE, LEASE, RENTAL, 
 OR MANAGEMENT OF REAL PROPERTY SHALL BE DETERMINED BETWEEN EACH 
 INDIVIDUAL BROKER AND THE BROKER'S CLIENT."; 

    (7) the following "dual agency" disclosure statement: 

    If you choose to purchase a property listed by broker, a 
 dual agency will be created.  This means that broker will 
 represent both you and the seller(s), and owe the same duties to 
 the seller(s) that broker owes to you.  This conflict of 
 interest will prohibit broker from advocating exclusively on 
 your behalf.  Dual agency will limit the level of representation 
 broker can provide.  If a dual agency should arise, you will 
 need to agree that confidential information about price, terms, 
 and motivation will still be kept confidential unless you 
 instruct broker in writing to disclose specific information 
 about you.  All other information will be shared.  Broker cannot 
 act as a dual agent unless both you and the seller(s) agree to 
 it.  By agreeing to a possible dual agency, you will be giving 
 up the right to exclusive representation in an in-house 
 transaction.  However, if you should decide not to agree to a 
 possible dual agency, and you want broker to represent you, you 
 may give up the opportunity to purchase the properties listed by 
 broker. 

                  Buyer's Instructions to Broker 

    

 .......      Buyer(s) will agree to a dual agency representation 

              and will consider properties listed by broker.

    

 .......      Buyer will not agree to a dual agency 

              representation and will not consider 
              properties listed by broker. 

    

    

 .........................      ......................... 

 Buyer                          Broker 

    

 .........................      By:  .................... 

 Buyer                               Salesperson 

    

 Date:  ...................; and 

    (8) for buyer's broker agreements which involve residential 
 real property, a notice stating that after the expiration of the 
 buyer's broker agreement, the buyer will not be obligated to pay 
 the licensee a fee or commission if the buyer has executed 
 another valid buyer's broker agreement pursuant to which the 
 buyer is obligated to pay a fee or commission to another 
 licensee for the purchase, lease, or exchange of real property. 

    Subd. 3.    Prohibited provisions.  Licensees shall not 
 include in a buyer's broker agreement a holdover clause, 
 automatic extension, or any other similar provision, or an 
 override clause the length of which is more than six months 
 after the expiration of the buyer's broker agreement.  

    Subd. 4.    Override clauses.  Licensees shall not seek 
 to enforce an override clause unless a protective list has been 
 furnished to the buyer within 72 hours after the expiration of 
 the buyer's broker agreement.  

    Subd. 5.    Protective lists.  A licensee has the burden 
 of demonstrating that each property on the protective list has 
 been shown to the buyer, or specifically brought to the 
 attention of the buyer, during the time the buyer's broker 
 agreement was in effect.  

    Subd. 6.    Application.  This section applies only to 
 residential real property transactions. 

    HIST: 1993 c 309 s 8; 1996 c 439 art 3 s 3,4; 2001 c 208 s 10 

     82.197 Disclosure requirements. 

    Subdivision 1.    Agency disclosure.  A real estate 
 broker or salesperson shall provide to a consumer in the sale 
 and purchase of a residential real property transaction at the 
 first substantive contact with the consumer an agency disclosure 
 form in substantially the form set forth in subdivision 4.  The 
 agency disclosure form shall be intended to provide a 
 description of available options for agency and facilitator 
 relationships, and a description of the role of a licensee under 
 each option.  The agency disclosure form shall provide a 
 signature line for acknowledgment of receipt by the consumer. 

    Subd. 2.    Creation of dual agency.  If circumstances 
 create a dual agency situation, the broker must make full 
 disclosure to all parties to the transaction as to the change in 
 relationship of the parties to the broker due to dual agency.  A 
 broker, having made full disclosure, must obtain the consent of 
 all parties to these circumstances in residential real property 
 transactions in the purchase agreement in the form set forth 
 below which shall be set off in a boxed format to draw attention 
 to it: 

    Broker represents both the seller(s) and the buyer(s) of 
 the property involved in this transaction, which creates a dual 
 agency.  This means that broker and its salespersons owe 
 fiduciary duties to both seller(s) and buyer(s).  Because the 
 parties may have conflicting interests, broker and its 
 salespersons are prohibited from advocating exclusively for 
 either party.  Broker cannot act as a dual agent in this 
 transaction without the consent of both seller(s) and buyer(s).  
 Seller(s) and buyer(s) acknowledge that: 

    (1) confidential information communicated to broker which 
 regards price, terms, or motivation to buy or sell will remain 
 confidential unless seller(s) or buyer(s) instructs broker in 
 writing to disclose this information.  Other information will be 
 shared; 

    (2) broker and its salespersons will not represent the 
 interests of either party to the detriment of the other; and 

    (3) within the limits of dual agency, broker and its 
 salespersons will work diligently to facilitate the mechanics of 
 the sale. 

    With the knowledge and understanding of the explanation 
 above, seller(s) and buyer(s) authorize and instruct broker and 
 its salespersons to act as dual agents in this transaction. 

    

    

 ...........................      ........................... 

 Seller                           Buyer 

    

 ...........................      ........................... 

 Seller                           Buyer 

    

 ...........................      ........................... 

 Date                             Date 

    Subd. 3.    Scope and effect.  Disclosures made in 
 accordance with the requirements for disclosure of agency 
 relationships set forth in this chapter are sufficient to 
 satisfy common law disclosure requirements.  In addition, when a 
 principal in the transaction is a licensee or a relative or 
 business associate of the licensee, that fact must be disclosed 
 in writing in addition to any other required disclosures.  

    Subd. 4.    Agency disclosure form.  The agency 
 disclosure form shall be in substantially the form set forth 
 below: 

        AGENCY RELATIONSHIPS IN REAL ESTATE TRANSACTIONS

 Minnesota law requires that early in any relationship, real 
 estate brokers or salespersons discuss with consumers what type 
 of agency representation or relationship they desire.(1)  The 
 available options are listed below.  This is not a contract.  
 This is an agency disclosure form only.  If you desire 
 representation, you must enter into a written contract according 
 to state law (a listing contract or a buyer representation 
 contract).  Until such time as you choose to enter into a 
 written contract for representation, you will be treated as a 
 customer and will not receive any representation from the broker 
 or salesperson.  The broker or salesperson will be acting as a 
 Facilitator (see paragraph V below), unless the broker or 
 salesperson is representing another party as described below. 

    ACKNOWLEDGMENT:  I/We acknowledge that I/We have been 
 presented with the below-described options.  I/We understand 
 that until I/We have signed a representation contract, I/We are 
 not represented by the broker/salesperson.  I/We understand that 
 written consent is required for a dual agency relationship.  
 THIS IS A DISCLOSURE ONLY, NOT A CONTRACT FOR REPRESENTATION. 

 ...............     .......... 
 Signature           Date
 ...............     .......... 
 Signature           Date

 I.

    Seller's Broker:  A broker who lists a property, or a 
    salesperson who is licensed to the listing broker, 
    represents the Seller and acts on behalf of the Seller.  A 
    Seller's broker owes to the Seller the fiduciary duties 
    described below.(2)  The broker must also disclose to the 
    Buyer material facts as defined in Minnesota Statutes, 
    section 82.197, subdivision 6, of which the broker is aware 
    that could adversely and significantly affect the Buyer's 
    use or enjoyment of the property.  If a broker or 
    salesperson working with a Buyer as a customer is 
    representing the Seller, he or she must act in the Seller's 
    best interest and must tell the Seller any information 
    disclosed to him or her, except confidential information 
    acquired in a facilitator relationship (see paragraph V 
    below).  In that case, the Buyer will not be represented 
    and will not receive advice and counsel from the broker or 
    salesperson. 

 II. 

    Subagent:  A broker or salesperson who is working with a 
    Buyer but represents the Seller.  In this case, the Buyer 
    is the broker's customer and is not represented by that 
    broker.  If a broker or salesperson working with a Buyer as 
    a customer is representing the Seller, he or she must act 
    in the Seller's best interest and must tell the Seller any 
    information that is disclosed to him or her.  In that case, 
    the Buyer will not be represented and will not receive 
    advice and counsel from the broker or salesperson. 

 III.

    Buyer's Broker:  A Buyer may enter into an agreement for 
    the broker or salesperson to represent and act on behalf of 
    the Buyer.  The broker may represent the Buyer only, and 
    not the Seller, even if he or she is being paid in whole or 
    in part by the Seller.  A Buyer's broker owes to the Buyer 
    the fiduciary duties described below.(2)  The broker must 
    disclose to the Buyer material facts as defined in 
    Minnesota Statutes, section 82.197, subdivision 6, of which 
    the broker is aware that could adversely and significantly 
    affect the Buyer's use or enjoyment of the property.  If a 
    broker or salesperson working with a Seller as a customer 
    is representing the Buyer, he or she must act in the 
    Buyer's best interest and must tell the Buyer any 
    information disclosed to him or her, except confidential 
    information acquired in a facilitator relationship (see 
    paragraph V below).  In that case, the Seller will not be 
    represented and will not receive advice and counsel from 
    the broker or salesperson. 

 IV.

    Dual Agency-Broker Representing both Seller and Buyer:  
    Dual agency occurs when one broker or salesperson 
    represents both parties to a transaction, or when two 
    salespersons licensed to the same broker each represent a 
    party to the transaction.  Dual agency requires the 
    informed consent of all parties, and means that the broker 
    and salesperson owe the same duties to the Seller and the 
    Buyer.  This role limits the level of representation the 
    broker and salespersons can provide, and prohibits them 
    from acting exclusively for either party.  In a dual 
    agency, confidential information about price, terms, and 
    motivation for pursuing a transaction will be kept 
    confidential unless one party instructs the broker or 
    salesperson in writing to disclose specific information 
    about him or her.  Other information will be shared.  Dual 
    agents may not advocate for one party to the detriment of 
    the other.(3) 

    Within the limitations described above, dual agents owe to 
    both Seller and Buyer the fiduciary duties described 
    below.(2)  Dual agents must disclose to Buyers material 
    facts as defined in Minnesota Statutes, section 82.197, 
    subdivision 6, of which the broker is aware that could 
    adversely and significantly affect the Buyer's use or 
    enjoyment of the property. 

 V.

    Facilitator:  A broker or salesperson who performs services 
    for a Buyer, a Seller, or both but does not represent 
    either in a fiduciary capacity as a Buyer's Broker, 
    Seller's Broker, or Dual Agent.  THE FACILITATOR BROKER OR 
    SALESPERSON DOES NOT OWE ANY PARTY ANY OF THE FIDUCIARY 
    DUTIES LISTED BELOW, EXCEPT CONFIDENTIALITY, UNLESS THOSE 
    DUTIES ARE INCLUDED IN A WRITTEN FACILITATOR SERVICES 
    AGREEMENT.  The facilitator broker or salesperson owes the 
    duty of confidentiality to the party but owes no other duty 
    to the party except those duties required by law or 
    contained in a written facilitator services agreement, if 
    any.  In the event a facilitator broker or salesperson, 
    working with a Buyer, shows a property listed by the 
    facilitator broker or salesperson, then the facilitator 
    broker or salesperson must act as a Seller's Broker (see 
    paragraph I above).  In the event a facilitator broker or 
    salesperson, working with a Seller, accepts a showing of 
    the property by a Buyer being represented by the 
    facilitator broker or salesperson, then the facilitator 
    broker or salesperson must act as a Buyer's Broker (see 
    paragraph III above). 

    

    

    

 ****************************************************************

    (1) This disclosure is required by law in any transaction 
 involving property occupied or intended to be occupied by one to 
 four families as their residence. 

    (2) The fiduciary duties mentioned above are listed below 
 and have the following meanings: 

    Loyalty-broker/salesperson will act only in client(s)' best 
 interest. 

    Obedience-broker/salesperson will carry out all client(s)' 
 lawful instructions. 

    Disclosure-broker/salesperson will disclose to client(s) 
 all material facts of which broker/salesperson has knowledge 
 which might reasonably affect the client's rights and interests. 

    Confidentiality-broker/salesperson will keep client(s)' 
 confidences unless required by law to disclose specific 
 information (such as disclosure of material facts to Buyers). 

    Reasonable Care-broker/salesperson will use reasonable care 
 in performing duties as an agent. 

    Accounting-broker/salesperson will account to client(s) for 
 all client(s)' money and property received as agent. 

    (3) If Seller(s) decides not to agree to a dual agency 
 relationship, Seller(s) may give up the opportunity to sell the 
 property to Buyers represented by the broker/salesperson.  If 
 Buyer(s) decides not to agree to a dual agency relationship, 
 Buyer(s) may give up the opportunity to purchase properties 
 listed by the broker. 

    Subd. 5.    Application.  The disclosures required by 
 subdivision 4 apply only to residential real property 
 transactions. 

    Subd. 6.    Material facts.  (a) Licensees shall 
 disclose to any prospective purchaser all material facts of 
 which the licensees are aware, which could adversely and 
 significantly affect an ordinary purchaser's use or enjoyment of 
 the property, or any intended use of the property of which the 
 licensees are aware. 

    (b) It is not a material fact relating to real property 
 offered for sale and no regulatory action shall be brought 
 against a licensee for failure to disclose in any real estate 
 transaction the fact or suspicion that the property: 

    (1) is or was occupied by an owner or occupant who is or 
 was suspected to be infected with human immunodeficiency virus 
 or diagnosed with acquired immunodeficiency syndrome; 

    (2) was the site of a suicide, accidental death, natural 
 death, or perceived paranormal activity; or 

    (3) is located in a neighborhood containing any adult 
 family home, community-based residential facility, or nursing 
 home.  

    (c) A licensee or employee of the licensee has no duty to 
 disclose information regarding an offender who is required to 
 register under section 243.166, or about whom notification is 
 made under that section, if the broker or salesperson, in a 
 timely manner, provides a written notice that information about 
 the predatory offender registry and persons registered with the 
 registry may be obtained by contacting local law enforcement 
 where the property is located or the department of corrections. 

    (d) A licensee is not required to disclose, except as 
 otherwise provided in paragraph (e), information relating to the 
 physical condition of the property or any other information 
 relating to the real estate transaction, if a written report 
 that discloses the information has been prepared by a qualified 
 third party and provided to the person.  For the purposes of 
 this paragraph, "qualified third party" means a federal, state, 
 or local governmental agency, or any person whom the broker, 
 salesperson, or a party to the real estate transaction 
 reasonably believes has the expertise necessary to meet the 
 industry standards of practice for the type of inspection or 
 investigation that has been conducted by the third party in 
 order to prepare the written report and who is acceptable to the 
 person to whom the disclosure is being made. 

    (e) A licensee shall disclose to the parties to a real 
 estate transaction any facts known by the broker or salesperson 
 that contradict any information included in a written report, if 
 a copy of the report is provided to the licensee, described in 
 paragraph (d). 

    HIST: 1986 c 444; 1993 c 309 s 9; 1994 c 461 s 1; 1996 c 439 
 art 3 s 5-8; 2001 c 208 s 11-13; 2002 c 286 s 2-4 

     82.20 Licensing requirements. 

    Subdivision 1.    Generally.  (a) The commissioner shall 
 issue a license as a real estate broker, real estate 
 salesperson, or closing agent to any person who qualifies for 
 such license under the terms of this chapter. 

    (b) The commissioner is authorized to establish by rule a 
 special license for real estate brokers and real estate 
 salespeople engaged solely in the rental or management of an 
 interest or estate in real estate, to prescribe qualifications 
 for the license, and to issue the license consistent with the 
 terms of this chapter.  This clause shall not be construed to 
 require those owners or managers or their agents or employees 
 who are excluded by section 82.18, clause (d) from the 
 definition of real estate broker, to obtain the special license. 

    Subd. 2.    Qualification of applicants.  Every 
 applicant for a real estate broker, real estate salesperson, or 
 real estate closing agent license shall be at least 18 years of 
 age at the time of making application for said license. 

    Subd. 3.    Application for license; contents.  (a) 
 Every applicant for a license as a real estate broker, real 
 estate salesperson, or closing agent shall make an application 
 in writing upon forms prepared and furnished by the commissioner.
 Each application shall be signed and sworn to by the applicant 
 and shall be accompanied by the license fee required by this 
 chapter. 

    (b) Each application for a real estate broker license, real 
 estate salesperson license, or real estate closing agent license 
 shall contain such information as required by the commissioner 
 consistent with the administration of the provisions and 
 purposes of this chapter. 

    (c) Each application for a real estate salesperson license 
 shall give the applicant's name, age, residence address, and the 
 name and place of business of the real estate broker on whose 
 behalf the salesperson is to be acting. 

    (d) Each application for a real estate closing agent 
 license shall give the applicant's name, age, residence address, 
 and the name and place of business of the closing agent. 

    (e) The commissioner may require such further information 
 as the commissioner deems appropriate to administer the 
 provisions and further the purposes of this chapter. 

    Subd. 4.    Corporate and partnership licenses.  (a) A 
 corporation applying for a license shall have at least one 
 officer individually licensed to act as broker for the 
 corporation.  The corporation broker's license shall extend no 
 authority to act as broker to any person other than the 
 corporate entity.  Each officer who intends to act as a broker 
 shall obtain a license. 

    (b) A partnership applying for a license shall have at 
 least one partner individually licensed to act as broker for the 
 partnership.  Each partner who intends to act as a broker shall 
 obtain a license. 

    (c) Applications for a license made by a corporation shall 
 be verified by the president and one other officer.  
 Applications made by a partnership shall be verified by at least 
 two partners. 

    (d) Any partner or officer who ceases to act as broker for 
 a partnership or corporation shall notify the commissioner upon 
 said termination.  The individual licenses of all salespersons 
 acting on behalf of a corporation or partnership, are 
 automatically ineffective upon the revocation or suspension of 
 the license of the partnership or corporation.  The commissioner 
 may suspend or revoke the license of an officer or partner 
 without suspending or revoking the license of the corporation or 
 partnership. 

    (e) The application of all officers of a corporation or 
 partners in a partnership who intend to act as a broker on 
 behalf of a corporation or partnership shall accompany the 
 initial license application of the corporation or partnership.  
 Officers or partners intending to act as brokers subsequent to 
 the licensing of the corporation or partnership shall procure an 
 individual real estate broker's license prior to acting in the 
 capacity of a broker.  No corporate officer who maintains a 
 salesperson's license may exercise any authority over any trust 
 account administered by the broker nor may they be vested with 
 any supervisory authority over the broker. 

    (f) The corporation or partnership applicant shall make 
 available upon request, such records and data required by the 
 commissioner for enforcement of this chapter. 

    Subd. 5.    Responsibility.  Each broker shall be 
 responsible for the acts of any and all of the broker's sales 
 people and closing agents while acting as agents on the broker's 
 behalf.  Each officer of a corporation or partner in a 
 partnership licensed as a broker shall have the same 
 responsibility under this chapter as a corporate or partnership 
 broker with regard to the acts of the salespeople and closing 
 agents acting on behalf of the corporation or partnership. 

    Subd. 6.    Issuance of license; salesperson.  A 
 salesperson must be licensed to act on behalf of a licensed 
 broker and may not be licensed to act on behalf of more than one 
 broker in this state during the same period of time. The license 
 of each real estate salesperson shall be mailed to and remain in 
 the possession of the licensed broker with whom the salesperson 
 is or is to be associated until canceled or until such licensee 
 leaves such broker. 

    Subd. 7.    Effective date of license.  Licenses renewed 
 pursuant to this chapter are valid for a period of 24 months.  
 New licenses issued during a 24-month licensing period will 
 expire on June 30 of the expiration year assigned to the 
 license.  Implementation of the 24-month licensing program must 
 be staggered so that approximately one-half of the licenses will 
 expire on June 30 of each even-numbered year and the other 
 one-half on June 30 of each odd-numbered year.  Those licensees 
 who will receive a 12-month license on July 1, 1995, because of 
 the staggered implementation schedule will pay for the license a 
 fee reduced by an amount equal to one-half the fee for renewal 
 of the license. 

    Subd. 8.    Renewals.  (a) Persons whose applications 
 have been properly and timely filed who have not received notice 
 of denial of renewal are deemed to have been approved for 
 renewal and may continue to transact business either as a real 
 estate broker, salesperson, or closing agent whether or not the 
 renewed license has been received on or before July 1 of the 
 renewal year.  Application for renewal of a license shall be 
 deemed to have been timely filed if received by the commissioner 
 by, or mailed with proper postage and postmarked by, June 15 of 
 the renewal year.  Applications for renewal shall be deemed 
 properly filed if made upon forms duly executed and sworn to, 
 accompanied by fees prescribed by this chapter and contain any 
 information which the commissioner may require.  

    (b) Persons who have failed to make a timely application 
 for renewal of a license and who have not received the renewal 
 license as of July 1 of the renewal year, shall be unlicensed 
 until such time as the license has been issued by the 
 commissioner and is received. 

    Subd. 9.    Terminations; transfers.  (a) Except as 
 provided in paragraph (b), when a salesperson terminates 
 activity on behalf of a broker, the salesperson's license shall 
 be ineffective.  Within ten days of the termination the broker 
 shall notify the commissioner in writing, and shall return to 
 the commissioner the license of the salesperson.  The 
 salesperson may apply for transfer of the license to another 
 broker at any time during the remainder of the license period, 
 on forms provided by the commissioner.  If the application for 
 transfer qualifies, the commissioner shall grant the 
 application.  Upon receipt of a transfer application and payment 
 of the transfer fee, the commissioner may issue a 45-day 
 temporary license.  If an application for transfer is not made 
 within the license period, the commissioner shall require that 
 an application for a new license be filed. 

    (b) When a salesperson terminates activity on behalf of a 
 broker in order to begin association immediately with another 
 broker, the commissioner shall permit the automatic transfer of 
 the salesperson's license.  The transfer shall be effective 
 either upon the mailing of the required fee and the executed 
 documents by certified mail or upon personal delivery of the fee 
 and documents to the commissioner's office.  The commissioner 
 may adopt rules and prescribe forms as necessary to implement 
 this paragraph. 

    (c) When a broker terminates activity in order to begin 
 association with another broker, the commissioner shall permit 
 the automatic transfer of the broker's license to a 
 salesperson's license.  If there are licensed salespeople 
 working for the broker , the broker shall certify that a broker 
 will remain in the company that the broker is leaving prior to 
 issuance of the transfer.  The transfer shall be effective 
 either upon the mailing of the required fee and the executed 
 documents by certified mail or upon personal delivery of the fee 
 and documents to the commissioner's office.  

    Subd. 10.    Effect of suspension or revocation.  The 
 license of a salesperson is not effective during any period for 
 which the license of the broker on whose behalf the salesperson 
 is acting is suspended or revoked.  The salesperson may apply 
 for transfer to some other licensed broker by complying with 
 subdivision 9. 

    Subd. 11.    Notice.  Notice in writing shall be given 
 to the commissioner by each licensee of any change in personal 
 name, trade name, address or business location not later than 
 ten days after such change.  The commissioner shall issue a new 
 license if required for the unexpired period. 

    Subd. 12.    Nonresidents.  A nonresident of Minnesota 
 may be licensed as a real estate broker, real estate 
 salesperson, or a real estate closing agent upon compliance with 
 all provisions of this chapter. 

    Subd. 13.    Limited broker's license.  (a) The 
 commissioner shall have the authority to issue a limited real 
 estate broker's license authorizing the licensee to engage in 
 transactions as principal only.  Such license shall be issued 
 only after receipt of the application described in subdivision 3 
 and payment of the fee prescribed by section 82.21, subdivision 
 1.  No salesperson may be licensed to act on behalf of an 
 individual holding a limited broker's license.  An officer of a 
 corporation or partner of a partnership licensed as a limited 
 broker may act on behalf of that corporation or partnership 
 without being subject to the licensing requirements. 

    (b) A limited broker's license shall also authorize the 
 licensee to engage in negotiation of mortgage loans, other than 
 residential mortgage loans, as described in section 82.17, 
 subdivision 4, clause (b). 

    Subd. 14.    Licenses; extending duration.  
 Notwithstanding the provisions of subdivisions 7 and 8, the 
 commissioner may institute a system by rule pursuant to chapter 
 14 to provide three year licenses from the date of issuance for 
 any license prescribed by this section. 

    Subd. 15.    Exemption.  The following persons, when 
 acting as closing agents, are exempt from the requirements of 
 sections 82.19 and 82.24 unless otherwise required in this 
 section or chapter: 

    (1) a direct employee of a title insurance company 
 authorized to do business in this state, or a direct employee of 
 a title company, or a person who has an agency agreement with a 
 title insurance company or a title company in which the agent 
 agrees to perform closing services on the title insurance 
 company's or title company's behalf and the title insurance 
 company or title company assumes responsibility for the actions 
 of the agent as if the agent were a direct employee of the title 
 insurance company or title company; 

    (2) a licensed attorney or a direct employee of a licensed 
 attorney; 

    (3) a licensed real estate broker or salesperson; 

    (4) a direct employee of a licensed real estate broker if 
 the broker maintains all funds received in connection with the 
 closing services in the broker's trust account; 

    (5) any bank, trust company, savings association, credit 
 union, industrial loan and thrift company, regulated lender 
 under chapter 56, public utility, or land mortgage or farm loan 
 association organized under the laws of this state or the United 
 States, when engaged in the transaction of businesses within the 
 scope of its corporate powers as provided by law; 

    (6) a title insurance company authorized to do business in 
 this state; and 

    (7) a title company that has a contractual agency 
 relationship with a title insurance company authorized to do 
 business in this state, where the title insurance company 
 assumes responsibility for the actions of the title company and 
 its employees or agents as if they were the employees or agents 
 of the title insurance company. 

    HIST: 1973 c 410 s 4; 1976 c 197 s 2,3; 1977 c 215 s 1; 1982 c 
 424 s 130; 1982 c 478 s 1; 1984 c 552 s 8,9; 1985 c 251 s 8; 
 1986 c 444; 1989 c 347 s 10-16; 1990 c 364 s 1; 1991 c 20 s 1; 
 1993 c 309 s 10; 1994 c 632 art 4 s 32,33; 1995 c 68 s 4; 1995 c 
 202 art 1 s 25; 1996 c 439 art 1 s 10; 1997 c 222 s 34; 2002 c 
 387 s 7 

     82.21 Fees. 

    Subdivision 1.    Amounts.  The following fees shall be 
 paid to the commissioner: 

    (a) a fee of $150 for each initial individual broker's 
 license, and a fee of $100 for each renewal thereof; 

    (b) a fee of $70 for each initial salesperson's license, 
 and a fee of $40 for each renewal thereof; 

    (c) a fee of $85 for each initial real estate closing agent 
 license, and a fee of $60 for each renewal thereof; 

    (d) a fee of $150 for each initial corporate, limited 
 liability company, or partnership license, and a fee of $100 for 
 each renewal thereof; 

    (e) a fee for payment to the education, research and 
 recovery fund in accordance with section 82.34; 

    (f) a fee of $20 for each transfer; 

    (g) a fee of $50 for license reinstatement; and 

    (h) a fee of $20 for reactivating a corporate, limited 
 liability company, or partnership license without land. 

    Subd. 2.    Forfeiture.  All fees shall be retained by 
 the commissioner and shall be nonreturnable, except that an 
 overpayment of any fee shall be the subject of a refund upon 
 proper application.  

    Subd. 2a.    Broker payment consolidation.  For all 
 license renewal fees, recovery fund renewal fees, and recovery 
 fund assessments pursuant to this section and section 82.34, the 
 broker must remit the fees or assessments for the company, 
 broker, and all salespersons licensed to the broker, in the form 
 of a single check. 

    Subd. 3.    Deposit of fees.  Unless otherwise provided 
 by this chapter, all fees collected under this chapter shall be 
 deposited in the state treasury.  

    Subd. 4.    Initial license expiration; fee reduction.  
 If an initial license issued under subdivision 1, paragraph (a), 
 (b), (c), or (d) expires less than 12 months after issuance, the 
 license fee shall be reduced by an amount equal to one-half the 
 fee for a renewal of the license. 

    HIST: 1973 c 410 s 5; 1979 c 144 s 2; 1980 c 614 s 75; 1984 c 
 552 s 10; 1987 c 336 s 22; 1989 c 347 s 17; 1992 c 513 art 3 s 
 28; 1993 c 309 s 11,12; 1993 c 369 s 45; 1994 c 632 art 4 s 
 34,35; 1997 c 200 art 1 s 48 

     82.22 Examinations. 

    Subdivision 1.    Generally.  Each applicant for a 
 license must pass an examination conducted by the commissioner.  
 The examinations shall be of sufficient scope to establish the 
 competency of the applicant to act as a real estate broker or a 
 real estate salesperson. 

    Subd. 2.    Broker's examination.  (a) The examination 
 for a real estate broker's license shall be more exacting than 
 that for a real estate salesperson, and shall require a higher 
 degree of knowledge of the fundamentals of real estate practice 
 and law. 

    (b) Every application for a broker's examination shall be 
 accompanied by proof that the applicant has had a minimum of two 
 years of actual experience within the previous five-year period 
 prior to application as a licensed real estate salesperson in 
 this or in another state having comparable requirements or is, 
 in the opinion of the commissioner, otherwise or similarly 
 qualified by reason of education or practical experience.  The 
 applicant shall have completed educational requirements in 
 accordance with subdivision 6.  An applicant for a limited 
 broker's license pursuant to section 82.20, subdivision 13, 
 shall not be required to have a minimum of two years of actual 
 experience as a real estate person in order to obtain a limited 
 broker's license to act as principal only. 

    Subd. 3.    Reexaminations.  An examination may be 
 required before the renewal of any license which has been 
 suspended, or before the issuance of a license to any person 
 whose license has been ineffective for a period of two years, 
 except no reexamination shall be required of any individual who 
 has failed to cause renewal of an existing license because of 
 absence from the state while on active duty with the armed 
 services of the United States of America, and no reexamination 
 shall be required of an individual whose license has not been 
 renewed under section 82.27, subdivision 7.  

    Subd. 4.    Examination frequency.  The commissioner 
 shall hold examinations at such times and places as the 
 commissioner may determine, except that said examinations will 
 be held at least every 45 days. 

    Subd. 5.    Period for application.  An applicant who 
 obtains an acceptable score on a salesperson's examination must 
 file an application and obtain the license within one year of 
 the date of successful completion of the examination or a second 
 examination must be taken to qualify for the license.  If a new 
 examination is required, prelicense education must be completed 
 in accordance with subdivision 6.  

    Subd. 6.    Instruction; new licenses.  (a) Every 
 applicant for a salesperson's license shall be required to 
 successfully complete a course of study in the real estate field 
 consisting of 30 hours of instruction approved by the 
 commissioner before taking the examination specified in 
 subdivision 1.  Every applicant for a salesperson's license 
 shall be required to successfully complete an additional course 
 of study in the real estate field consisting of 60 hours of 
 instruction approved by the commissioner, of which three hours 
 shall consist of training in state and federal fair housing 
 laws, regulations, and rules, and of which two hours must 
 consist of training in laws and regulations on agency 
 representation and disclosure, before filing an application for 
 the license.  

    (b) The commissioner may approve courses of study in the 
 real estate field offered in educational institutions of higher 
 learning in this state or courses of study in the real estate 
 field developed by and offered under the auspices of the 
 national association of realtors, its affiliates, or private 
 real estate schools.  The commissioner shall not approve any 
 course offered by, sponsored by, or affiliated with any person 
 or company licensed to engage in the real estate business.  The 
 commissioner may by rule prescribe the curriculum and 
 qualification of those employed as instructors. 

    (c) An applicant for a broker's license must successfully 
 complete a course of study in the real estate field consisting 
 of 30 hours of instruction approved by the commissioner, of 
 which three hours shall consist of training in state and federal 
 fair housing laws, regulations, and rules.  The course must have 
 been completed within 12 months prior to the date of application 
 for the broker's license. 

    (d) An applicant for a real estate closing agent's license 
 must successfully complete a course of study relating to closing 
 services consisting of eight hours of instruction approved by 
 the commissioner. 

    Subd. 7. Repealed, 1993 c 309 s 32 

    Subd. 8.    Duration.  No renewal of a salesperson's 
 license shall be effective beyond a date two years after the 
 granting of such salesperson's license unless the salesperson 
 has furnished evidence of compliance with either subdivisions 6 
 or 7.  The commissioner shall cancel the license of any 
 salesperson who fails to comply with subdivisions 6 or 7. 

    Subd. 9.    Application.  Subdivisions 6 to 8 shall not 
 apply to salespeople licensed in Minnesota prior to July 1, 1969.

    Subd. 10.    Renewal; examination.  Except as provided 
 in subdivisions 3 and 7, no examination shall be required for 
 the renewal of any license, provided, however, any licensee 
 having been licensed as a broker or salesperson in the state of 
 Minnesota and who shall fail to renew the license for a period 
 of two years shall be required by the commissioner to again take 
 an examination. 

    Subd. 11.    Examination eligibility; revocation.  No 
 applicant shall be eligible to take any examination if a license 
 as a real estate broker or salesperson has been revoked in this 
 or any other state within two years of the date of the 
 application. 

    Subd. 12.    Reciprocity.  The requirements of this 
 section may be waived for individuals of other jurisdictions, 
 provided:  (1) a written reciprocal licensing agreement is in 
 effect between the commissioner and the licensing officials of 
 that jurisdiction, (2) the individual is licensed in that 
 jurisdiction, and (3) the licensing requirements of that 
 jurisdiction are substantially similar to the provisions of this 
 chapter. 

    Subd. 13.    Continuing education.  (a) All real estate 
 salespersons and all real estate brokers shall be required to 
 successfully complete 30 hours of real estate continuing 
 education, either as a student or a lecturer, in courses of 
 study approved by the commissioner, during the initial license 
 period and during each succeeding 24-month license period.  At 
 least 15 of the 30 credit hours must be completed during the 
 first 12 months of the 24-month licensing period.  Licensees may 
 not claim credit for continuing education not actually completed 
 as of the date their report of continuing education compliance 
 is filed. 

    (b) The commissioner shall adopt rules defining the 
 standards for course and instructor approval, and may adopt 
 rules for the proper administration of this subdivision.  The 
 commissioner may not approve a course which can be completed by 
 the student at home or outside the classroom without the 
 supervision of an instructor except accredited courses using new 
 delivery technology, including interactive technology, and the 
 Internet.  Courses in motivation, salesmanship, psychology, or 
 time management shall not be approved by the commissioner for 
 continuing education credit. 

    (c) Any program approved by Minnesota continuing legal 
 education shall be approved by the commissioner of commerce for 
 continuing education for real estate brokers and salespeople if 
 the program or any part thereof relates to real estate.  

    (d) As part of the continuing education requirements of 
 this section, the commissioner shall require that all real 
 estate brokers and salespersons receive: 

    (1) at least one hour of training during each license 
 period in courses in laws or regulations on agency 
 representation and disclosure; and 

    (2) at least one hour of training during each license 
 period in courses in state and federal fair housing laws, 
 regulations, and rules, other antidiscrimination laws, or 
 courses designed to help licensees to meet the housing needs of 
 immigrant and other underserved populations. 

    Clauses (1) and (2) do not apply to real estate 
 salespersons and real estate brokers engaged solely in the 
 commercial real estate business who file with the commissioner a 
 verification of this status along with the continuing education 
 report required under paragraph (a). 

    (e) The commissioner is authorized to establish a procedure 
 for renewal of course accreditation. 

    (f) Approved courses may be sponsored or offered by a 
 broker of a real estate company and may be held on the premises 
 of a company licensed under this chapter.  All course offerings 
 must be open to any interested individuals.  Access may be 
 restricted by the sponsor based on class size only.  Courses 
 must not be approved if attendance is restricted to any 
 particular group of people.  A broker must comply with all 
 continuing education rules prescribed by the commissioner. 

    (g) No more than one-half of the credit hours per licensing 
 period, including continuing education required under 
 subdivision 6, may be credited to a person for attending any 
 combination of courses either:  

    (1) sponsored by, offered by, or affiliated with a real 
 estate company or its agents; or 

    (2) offered using new delivery technology, including 
 interactive technology, and the Internet. 

    HIST: 1973 c 410 s 6; 1975 c 38 s 3,4; 1976 c 197 s 4; 1977 c 
 215 s 2,3; 1979 c 144 s 3; 1983 c 284 s 14; 1983 c 328 s 9; 1984 
 c 552 s 11-14; 1985 c 251 s 9; 1986 c 358 s 9-11; 1986 c 444; 
 1Sp1986 c 1 art 7 s 5; 1987 c 336 s 23; 1989 c 347 s 18-22; 1991 
 c 75 s 1,2; 1991 c 233 s 48-51; 1992 c 555 art 1 s 3; 1993 c 309 
 s 13,14; 1994 c 632 art 4 s 36,37; 1996 c 439 art 3 s 9; 1997 c 
 222 s 35; 2000 c 483 s 44; 2001 c 208 s 14; 2002 c 387 s 8,9 

     82.23 Broker's records. 

    Subdivision 1.    Retention.  A licensed real estate 
 broker shall retain for three years copies of all listings, 
 buyer representation and facilitator services contracts, deposit 
 receipts, purchase money contracts, canceled checks, trust 
 account records, and such other documents as may reasonably be 
 related to carrying on a real estate brokerage business.  The 
 retention period shall run from the date of the closing of the 
 transaction, or from the date of the document if the document is 
 not consummated.  The following documents need not be retained: 

    (1) agency disclosure forms provided to prospective buyers 
 or sellers, where no contractual relationship is subsequently 
 created and no services are provided by the licensee; and 

    (2) facilitator services contracts or buyer representation 
 contracts entered into with prospective buyers, where the 
 prospective buyer abandons the contractual relationship before 
 any services have been provided by the licensee. 

    Subd. 2.    Delivery.  Each real estate broker, real 
 estate salesperson, or closing agent shall furnish parties to a 
 transaction a true and accurate copy of any document pertaining 
 to their interests as the commissioner through appropriate rules 
 may require.  

    Subd. 3.    Examination of records.  The commissioner 
 may make examinations within or without this state of each 
 broker's or closing agent's records at such reasonable time and 
 in such scope as is necessary to enforce the provisions of this 
 chapter. 

    HIST: 1973 c 410 s 7; 1989 c 347 s 23,24; 2002 c 286 s 5 

     82.24 Trust account requirements. 

    Subdivision 1.    Generally.  All trust funds received 
 by a broker or the broker's salespeople or closing agents shall 
 be deposited forthwith upon receipt in a trust account, 
 maintained by the broker for such purpose in a bank, savings 
 association, credit union, or an industrial loan and thrift 
 company with deposit liabilities designated by the broker or 
 closing agent, except as such money may be paid to one of the 
 parties pursuant to express written agreement between the 
 parties to a transaction.  The depository bank shall be a 
 Minnesota bank or trust company or any foreign bank and shall 
 authorize the commissioner to examine its records of such 
 deposits upon demand by the commissioner.  The industrial loan 
 and thrift company shall be organized under chapter 53.  The 
 savings association or credit union shall be organized under the 
 laws of any state or the United States. 

    Subd. 2.    Licensee acting as principal.  A licensee 
 acting in the capacity of principal in a real estate transaction 
 where the seller retains any liability, contingent or otherwise, 
 for the payment of an obligation on the property shall deposit 
 in a Minnesota bank or trust company, any foreign bank which 
 authorizes the commissioner to examine its records of the 
 deposits, a savings association, credit union, or an industrial 
 loan and thrift company organized under chapter 53 with deposit 
 liabilities, in a trust account, those parts of all payments 
 received on contracts that are necessary to meet any amounts 
 concurrently due and payable on any existing mortgages, 
 contracts for deed or other conveyancing instruments, and 
 reserve for taxes and insurance or any other encumbrance on the 
 receipts.  The deposits must be maintained until disbursement is 
 made under the terms of the encumbrance and proper accounting on 
 the property made to the parties entitled to an accounting.  The 
 provisions of this subdivision relating to rental of interests 
 in real estate apply only to residential property. 

    Subd. 3.    Nondepositable items.  Any instrument or 
 equity or thing of value received by a broker, salesperson, or 
 closing agent in lieu of cash as earnest money or down payment 
 in a real estate transaction shall be held by an authorized 
 escrow agent, whose authority is evidenced by a written 
 agreement executed by the offeror and the escrow agent.  

    Subd. 4.    Commingling funds.  A broker, salesperson, 
 or closing agent shall deposit only trust funds in a trust 
 account and shall not commingle personal funds or other funds in 
 a trust account, except that a broker, salesperson, or closing 
 agent may deposit and maintain a sum in a trust account from 
 personal funds, which sum shall be specifically identified and 
 used to pay service charges or satisfy the minimum balance 
 requirements relating to the trust account.  

    Subd. 5.    Trust accounts.  (a) Each broker or closing 
 agent shall maintain and retain records of all trust funds and 
 trust accounts.  The commissioner may prescribe information to 
 be included in the records by appropriate rules.  

    (b) A check received from a potential buyer shall be 
 deposited into the listing broker's trust account not later than 
 the third business day after delivery of the check to the 
 broker, except that the check may be held by the listing broker 
 until acceptance or rejection of the offer if: 

    (1) the check by its terms is not negotiable by the broker 
 or if the potential buyer has given written instructions that 
 the check shall not be deposited nor cashed until acceptance or 
 shall be immediately returned if the offer is rejected; and 

    (2) the potential seller is informed that the check is 
 being so held before or at the time the offer is presented to 
 that person for acceptance. 

    If the offer is accepted, the check shall be deposited in a 
 neutral escrow depository or the trust fund account of the 
 listing broker not later than the third business day following 
 acceptance of the offer unless the broker has received written 
 authorization from all parties to the transaction to continue to 
 hold the check.  If the offer is rejected, the check shall be 
 returned to the potential buyer not later than the next business 
 day after rejection. 

    Subd. 6.    Notice of trust account status.  The names 
 of the banks, savings associations, credit unions, and 
 industrial loan and thrift companies and the trust account 
 numbers used by a broker or closing agent shall be provided to 
 the commissioner at the time of application for the broker's or 
 closing agent's license.  The broker shall immediately report to 
 the commissioner any change of trust account status including 
 changes in banks, savings associations, credit unions, and 
 industrial loan and thrift companies, account numbers, or 
 additional accounts in the same or other banks, savings 
 associations, credit unions, and industrial loan and thrift 
 companies.  A broker or closing agent shall not close an 
 existing trust account without giving ten days' written notice 
 to the commissioner. 

    Subd. 7.    Interest bearing accounts.  Notwithstanding 
 the provisions of sections 82.17 to 82.31, a real estate broker 
 may establish and maintain interest bearing accounts for the 
 purpose of receiving deposits in accordance with the provisions 
 of section 504B.178.  

    Subd. 8.    Accrued interest.  (a) Each broker shall 
 maintain a pooled interest-bearing trust account for deposit of 
 client funds.  The interest accruing on the trust account, less 
 reasonable transaction costs, must be paid to the state 
 treasurer for deposit in the housing trust fund account created 
 under section 462A.201 unless otherwise specified pursuant to an 
 expressed written agreement between the parties to a transaction.

    (b) For an account created under paragraph (a), each broker 
 shall direct the financial institution to:  

    (1) pay the interest, less reasonable transaction costs, 
 computed in accordance with the financial institution's standard 
 accounting practice, at least quarterly, to the state treasurer; 
 and 

    (2) send a statement to the state treasurer showing the 
 name of the broker for whom the payment is made, the rate of 
 interest applied, the amount of service charges deducted, and 
 the account balance for the period in which the report is made. 

    The state treasurer shall credit the amount collected under 
 this subdivision to the housing trust fund account established 
 in section 462A.201. 

    (c) The financial institution must promptly notify the 
 commissioner if a draft drawn on the account is dishonored.  A 
 draft is not dishonored if a stop payment order is requested by 
 an issuer who has a good faith defense to payment on the draft. 

    HIST: 1973 c 410 s 8; 1975 c 38 s 5; 1984 c 473 s 8-10; 1985 c 
 248 s 70; 1985 c 251 s 10; 1986 c 358 s 12; 1986 c 444; 1Sp1986 
 c 3 art 2 s 48; 1987 c 105 s 4-6; 1987 c 336 s 24; 1988 c 654 s 
 2; 1989 c 347 s 25-30; 1993 c 309 s 15; 1994 c 461 s 2; 1995 c 
 202 art 1 s 25; 1997 c 222 s 36; 1999 c 199 art 2 s 2; 2001 c 
 208 s 15 

  82.25 Repealed, 1987 c 336 s 47 

  82.26 Repealed, 1987 c 336 s 47 

     82.27 Denial, suspension and revocation of licenses. 

    Subdivision 1.    General authority.  The commissioner 
 may by order deny, suspend or revoke any license or may censure 
 a licensee if the commissioner finds (1) that the order is in 
 the public interest, and (2) that the applicant or licensee or, 
 in the case of a broker, any officer, director, partner, 
 employee or agent or any person occupying a similar status or 
 performing similar functions, or any person directly or 
 indirectly controlling the broker or closing agent or controlled 
 by the broker or closing agent: 

    (a) has filed an application for a license which is 
 incomplete in any material respect or contains any statement 
 which, in light of the circumstances under which it is made, is 
 false or misleading with respect to any material fact; 

    (b) has engaged in a fraudulent, deceptive, or dishonest 
 practice; 

    (c) is permanently or temporarily enjoined by any court of 
 competent jurisdiction from engaging in or continuing any 
 conduct or practice involving any aspect of the real estate 
 business; 

    (d) has failed to reasonably supervise brokers, 
 salespersons, or closing agents so as to cause injury or harm to 
 the public; 

    (e) has violated or failed to comply with any provision of 
 this chapter or any rule or order under this chapter; 

    (f) has, in the conduct of the licensee's affairs under the 
 license, been shown to be incompetent, untrustworthy, or 
 financially irresponsible; 

    (g) has acted on behalf of any party to a transaction, 
 where the licensee has a conflict of interest that may affect 
 the licensee's ability to represent that party, without the 
 knowledge and consent of the party; or 

    (h) has, while performing residential mortgage activities 
 regulated under chapter 58 violated any provision of chapter 58. 

    Subd. 2.    Regulation of practice; rulemaking.  The 
 commissioner may promulgate rules further specifying and 
 defining those actions and omissions which constitute 
 fraudulent, deceptive, or dishonest practices, and establishing 
 standards of conduct for real estate brokers, salespeople, or 
 closing agents.  

    Subd. 2a.    Monetary settlements.  The commissioner 
 shall not coerce or attempt to coerce a licensee to enter into 
 any monetary settlement with a consumer in connection with any 
 complaint investigation.  The commissioner may consider the 
 totality of the circumstances, including any efforts by the 
 licensee to mitigate any losses by a consumer, in determining 
 the appropriateness or severity of administrative sanction. 

    Subd. 3.    Order to show cause.  The commissioner shall 
 issue an order requiring a licensee or applicant for a license 
 to show cause why the license should not be revoked or 
 suspended, or the licensee censured, or the application denied.  
 The order shall be calculated to give reasonable notice of the 
 time and place for hearing thereon, and shall state the specific 
 statute or rule that has been violated for the entry of the 
 order.  The commissioner may by order summarily suspend a 
 license pending final determination of any order to show cause.  
 If a license is suspended pending final determination of an 
 order to show cause, a hearing on the merits shall be held 
 within 30 days of the issuance of the order of suspension.  All 
 hearings shall be conducted in accordance with the provisions of 
 chapter 14.  After the hearing, the commissioner shall enter an 
 order making such disposition of the matter as the facts 
 require.  If the licensee or applicant fails to appear at a 
 hearing after having been duly notified of it, such person shall 
 be deemed in default, and the proceeding may be determined 
 against the licensee or applicant upon consideration of the 
 order to show cause, the allegations of which may be deemed to 
 be true. 

    Subd. 4.    ALJ hearing.  The commissioner may delegate 
 to an administrative law judge the authority to conduct a 
 hearing.  The examiner shall make proposed findings of fact and 
 submit them to the commissioner.  The examiner shall have the 
 same power as the commissioner to compel the attendance of 
 witnesses, to examine them under oath, to require the production 
 of books, papers and other evidence, and to issue subpoenas and 
 cause the same to be served and executed in any part of the 
 state.  

    Subd. 5.    Judicial review of orders.  Orders of the 
 commissioner shall be subject to judicial review pursuant to 
 chapter 14.  

    Subd. 6.    Hearing procedures; rulemaking.  The 
 commissioner may promulgate rules of procedure concerning all 
 hearings and other proceedings conducted pursuant to this 
 chapter.  

    Subd. 7.    Tax clearance certificate.  (a) In addition 
 to the provisions of subdivision 1, the commissioner may not 
 issue or renew a license if the commissioner of revenue notifies 
 the commissioner and the licensee or applicant for a license 
 that the licensee or applicant owes the state delinquent taxes 
 in the amount of $500 or more.  The commissioner may issue or 
 renew the license only if (1) the commissioner of revenue issues 
 a tax clearance certificate and (2) the commissioner of revenue 
 or the licensee or applicant forwards a copy of the clearance to 
 the commissioner.  The commissioner of revenue may issue a 
 clearance certificate only if the licensee or applicant does not 
 owe the state any uncontested delinquent taxes. 

    (b) For purposes of this subdivision, the following terms 
 have the meanings given. 

    (1) "Taxes" are all taxes payable to the commissioner of 
 revenue, including penalties and interest due on those taxes. 

    (2) "Delinquent taxes" do not include a tax liability if 
 (i) an administrative or court action that contests the amount 
 or validity of the liability has been filed or served, (ii) the 
 appeal period to contest the tax liability has not expired, or 
 (iii) the licensee or applicant has entered into a payment 
 agreement to pay the liability and is current with the payments. 

    (c) In lieu of the notice and hearing requirements of 
 subdivisions 3, 4, 5, and 6, when a licensee or applicant is 
 required to obtain a clearance certificate under this 
 subdivision, a contested case hearing must be held if the 
 licensee or applicant requests a hearing in writing to the 
 commissioner of revenue within 30 days of the date of the notice 
 provided in paragraph (a).  The hearing must be held within 45 
 days of the date the commissioner of revenue refers the case to 
 the office of administrative hearings.  Notwithstanding any law 
 to the contrary, the licensee or applicant must be served with 
 20 days' notice in writing specifying the time and place of the 
 hearing and the allegations against the licensee or applicant.  
 The notice may be served personally or by mail. 

    (d) The commissioner shall require all licensees or 
 applicants to provide their social security number and Minnesota 
 business identification number on all license applications.  
 Upon request of the commissioner of revenue, the commissioner 
 must provide to the commissioner of revenue a list of all 
 licensees and applicants, including the name and address, social 
 security number, and business identification number.  The 
 commissioner of revenue may request a list of the licensees and 
 applicants no more than once each calendar year.  

    HIST: 1973 c 410 s 11; 1982 c 424 s 130; 1983 c 284 s 15; 1984 
 c 640 s 32; 1985 c 248 s 70; 1986 c 358 s 14; 1986 c 444; 
 1Sp1986 c 1 art 7 s 6; 1989 c 184 art 2 s 2; 1989 c 347 s 31,32; 
 1993 c 309 s 16; 1998 c 343 art 2 s 4; 2001 c 208 s 16; 2002 c 
 286 s 6 

     82.28 Rulemaking powers.  

    The commissioner may promulgate such rules as are 
 reasonably necessary to carry out and make effective the 
 provisions and purposes of this chapter.  

    HIST: 1973 c 410 s 12; 1985 c 248 s 70 

     82.29 Publication of information.  

    The commissioner may publish by newspaper, newsletter or 
 otherwise information to assist in the administration of 
 sections 82.17 to 82.34, or to educate and protect the public 
 regarding fraudulent, deceptive or dishonest practices.  The 
 commissioner may also publish materials for the benefit of 
 license applicants.  

    HIST: 1973 c 410 s 13 

    82.30 Subdivision 1. Repealed, 1993 c 337 s 20 

    Subd. 2. Repealed, 1975 c 315 s 26 

    Subd. 3. Repealed, 1975 c 315 s 26 

     82.31 Nonresident service of process. 

    Subdivision 1.  Every nonresident, before being licensed as 
 a real estate broker, real estate salesperson, or real estate 
 closing agent shall appoint the commissioner and a successor or 
 successors in office as true and lawful attorney, upon whom may 
 be served all legal process in any action or proceedings against 
 such person, or in which such person may be a party, in relation 
 to or involving any transaction covered by this chapter or any 
 rule or order hereunder, which appointment shall be 
 irrevocable.  Service upon such attorney shall be as valid and 
 binding as if due and personal service had been made upon such 
 person.  Any such appointment shall be effective upon the 
 issuance of the license in connection with which the appointment 
 was filed. 

    Subd. 2.  The commission of any act which constitutes a 
 violation of this chapter or rule or order hereunder by any 
 nonresident person who has not theretofore appointed the 
 commissioner as attorney in compliance with subdivision 1 shall 
 be conclusively deemed an irrevocable appointment by such person 
 of the commissioner and a successor or successors in any action 
 or proceedings against the nonresident or in which the 
 nonresident may be a party in relation to or involving such 
 violation; and such violation shall be a signification of 
 agreement that all such legal process which is so served shall 
 be as valid and binding upon the nonresident as if due and 
 personal service thereof had been made. 

    Subd. 3.  Service of process under this section shall be 
 made in compliance with section 45.028, subdivision 2. 

    HIST: 1973 c 410 s 15; 1978 c 674 s 60; 1980 c 420 s 1; 1984 c 
 640 s 32; 1986 c 444; 1989 c 347 s 34; 1992 c 564 art 2 s 13 

     82.32 Penalty.  

    Any person who violates any provision of this chapter, or 
 any rule or order of the commissioner, shall be guilty of a 
 gross misdemeanor.  

    HIST: 1973 c 410 s 16 

     82.33 Civil actions. 

    Subdivision 1.  No person shall bring or maintain any 
 action in the courts of this state for the collection of 
 compensation for the performance of any of the acts for which a 
 license is required under this chapter without alleging and 
 proving that the person was a duly licensed real estate broker, 
 salesperson, or closing agent at the time the alleged cause of 
 action arose.  

    Subd. 2.  No person required by this chapter to be licensed 
 shall be entitled to or may bring or maintain any action in the 
 courts for any commission, fee or other compensation with 
 respect to the purchase, sale, lease or other disposition or 
 conveyance of real property, or with respect to the negotiation 
 or attempt to negotiate any sale, lease or other disposition or 
 conveyance of real property unless there is a written agreement 
 with the person required to be licensed. 

    Subd. 3.  No person required by this chapter to be licensed 
 shall be entitled to bring any action to recover any commission, 
 fee, or other compensation with respect to the purchase, sale, 
 lease, or other disposition or conveyance of residential real 
 property, or with respect to the negotiation or attempt to 
 negotiate any sale, lease, or other disposition or conveyance of 
 residential real property unless the person's agency 
 relationships have been disclosed to the parties to the 
 transaction in accordance with the requirements of this chapter. 

    Subd. 4.  No person required to be licensed by this chapter 
 may maintain an action in the courts of this state to enforce 
 any provision of a purchase agreement, earnest money contract, 
 or similar contract for the purchase, rental, or lease of real 
 property if the provision to be enforced violates section 82.19, 
 subdivision 4a. 

    HIST: 1973 c 410 s 17; 1986 c 358 s 15; 1986 c 444; 1989 c 347 
 s 35; 1993 c 309 s 17-19 

     82.34 Real estate education, research and recovery fund. 

    Subdivision 1.    Administration.  There is established 
 a "real estate education, research and recovery fund" to be 
 administered by the commissioner of commerce.  The state 
 treasurer shall be the custodian of the fund and shall operate 
 under the direction of the commissioner. 

    Subd. 2.    Creation.  There is hereby created in the 
 state treasury a real estate education, research and recovery 
 fund which shall be administered by the commissioner in the 
 manner and for the purposes prescribed in this section. 

    Subd. 3.    Fee for real estate fund.  Each real estate 
 broker, real estate salesperson, and real estate closing agent 
 entitled under this chapter to renew a license shall pay in 
 addition to the appropriate renewal fee a further fee of $20 per 
 licensing period which shall be credited to the real estate 
 education, research, and recovery fund.  Any person who receives 
 an initial license shall pay, in addition to all other fees 
 payable, a fee of $30.  

    Subd. 4.    Additional assessment.  If the amount in the 
 fund is at any time less than the commissioner believes is 
 necessary to carry out the purposes of this section every 
 licensee, when renewing a license, shall pay, in addition to the 
 annual renewal fee and the fee set forth in subdivision 3, an 
 assessment not to exceed $100, said sum having been reasonably 
 determined by the commissioner to be necessary to restore a 
 balance in the fund of an amount adequate to carry out the 
 purposes of this section. 

    Subd. 5.    Investment of funds.  Any funds shall, upon 
 request of the commissioner, be invested by the state board of 
 investment in the class of securities specified in section 
 11A.24 and acts amendatory thereto.  All interest and profits 
 from such investments shall be credited to the real estate 
 education, research and recovery fund.  The state treasurer 
 shall be the custodian of securities purchased under the 
 provisions of this section. 

    Subd. 6.    Authorized expenditures.  The commissioner 
 may expend money as appropriated for the following purposes: 

    (a) to promote the advancement of education and research in 
 the field of real estate for the benefit of those licensed under 
 this chapter; 

    (b) to underwrite educational seminars and other forms of 
 educational projects for the benefit of real estate licensees; 

    (c) to establish a real estate chair or courses at 
 Minnesota state institutions of higher learning for the purpose 
 of making such courses available to licensees and the general 
 public; 

    (d) to contract for a particular educational or research 
 project in the field of real estate to further the purposes of 
 this chapter; 

    (e) to pay any reasonable costs and disbursements, 
 excluding attorney's fees, incurred in defending actions against 
 the real estate education, research and recovery fund including 
 the cost of mailing or publication of notice pursuant to 
 subdivision 14; and 

    (f) to provide information to the public on housing issues, 
 including but not limited to, environmental safety and housing 
 affordability. 

    Subd. 7.    Application for recovery.  When any 
 aggrieved person obtains a final judgment in any court of 
 competent jurisdiction regardless of whether the judgment has 
 been discharged by a bankruptcy court against an individual 
 licensed under this chapter, on grounds of fraudulent, 
 deceptive, or dishonest practices, or conversion of trust funds 
 arising directly out of any transaction when the judgment debtor 
 was licensed and performed acts for which a license is required 
 under this chapter, or performed acts permitted by section 
 327B.04, subdivision 5, the aggrieved person may, upon the 
 judgment becoming final, and upon termination of all 
 proceedings, including reviews and appeals, file a verified 
 application in the court in which the judgment was entered.  The 
 application shall state with specificity the grounds upon which 
 the application seeks to recover from the fund, and request an 
 order directing payment out of the fund of the amount of actual 
 and direct out of pocket loss in the transaction, but excluding 
 any attorney's fees, interest on the loss and on any judgment 
 obtained as a result of the loss, up to the sum of $150,000 of 
 the amount unpaid upon the judgment, provided that nothing in 
 this chapter shall be construed to obligate the fund for more 
 than $150,000 per claimant, per transaction, subject to the 
 limitations set forth in subdivision 14, regardless of the 
 number of persons aggrieved or parcels of real estate involved 
 in the transaction, provided that regardless of the number of 
 claims against a licensee, nothing in this chapter may obligate 
 the fund for more than $250,000 per licensee.  An aggrieved 
 person who has a cause of action under section 80A.23 shall 
 first seek recovery as provided in section 80A.05, subdivision 
 5, before the commissioner may order payment from the recovery 
 fund.  For purposes of this section, persons who are joint 
 tenants or tenants in common are deemed to be a single 
 claimant.  A copy of the verified application shall be served 
 upon the commissioner and upon the judgment debtor, and a 
 certificate or affidavit of service filed with the court.  For 
 the purpose of this section, "aggrieved person" does not include 
 a government agency, financial institution, or other entity that 
 purchases, guarantees, or insures a loan secured by real estate, 
 and does not include a licensee unless (1) the licensee is 
 acting in the capacity of principal in the sale of interests in 
 real property owned by the licensee; or (2) the licensee is 
 acting in the capacity of principal in the purchase of interests 
 in real property to be owned by the licensee.  Under no 
 circumstances shall a licensee be entitled to payment under this 
 section for the loss of a commission or similar fee.  

    For the purposes of this section, recovery is limited to 
 transactions where the property involved is intended for the 
 direct personal habitation or commercial use of the buyer. 

    Except for securities permitted to be sold by a licensee 
 pursuant to section 82.19, subdivision 7, for any action 
 commenced after July 1, 1993, recovery under this section is not 
 available where the buyer's participation is for investment 
 purposes only, and is limited to providing capital to fund the 
 transaction. 

    Subd. 7a.    Accelerated claims payment.  (a) The 
 commissioner shall pay claims from the recovery portion of the 
 fund that do not exceed the jurisdiction limits for conciliation 
 court matters as specified in section 491A.01 on an accelerated 
 basis if all of the requirements in subdivision 7 and paragraphs 
 (b) to (f) have been satisfied. 

    (b) When any aggrieved person as defined in subdivision 7 
 obtains a judgment in any court of competent jurisdiction, 
 regardless of whether the judgment has been discharged by a 
 bankruptcy court against a licensee on grounds specified in 
 subdivision 7, the aggrieved person may file a verified 
 application with the commissioner for payment out of the 
 recovery portion of the fund of the amount of actual and direct 
 out-of-pocket loss in the transaction, but excluding any 
 attorney fees, interest on the loss, and on any judgment 
 obtained as a result of the loss, up to the conciliation court 
 jurisdiction limits, of the amount unpaid upon the judgment.  
 For purposes of this section, persons who are joint tenants or 
 tenants in common are deemed to be a single claimant. 

    (c) The commissioner shall send the licensee a copy of the 
 verified application by first-class mail to the licensee's 
 address as it appears in the records of the department of 
 commerce with a notice that the claim will be paid 15 days from 
 the date of the notice unless the licensee notifies the 
 commissioner before that date of the commencement of an appeal 
 of the judgment, if the time for appeal has not expired, and 
 that payment of the claim will result in automatic suspension of 
 the licensee's license. 

    (d) If the licensee does not notify the commissioner of the 
 commencement of an appeal, the commissioner shall pay the claim 
 at the end of the 15-day period. 

    (e) If an appeal is commenced, the payment of the claim is 
 stayed until the conclusion of the appeal. 

    (f) The commissioner may pay claims which total no more 
 than $50,000 against the licensee under this accelerated 
 process.  The commissioner may prorate the amount of claims paid 
 under this subdivision if claims in excess of $50,000 against 
 the licensee are submitted.  Any unpaid portions of these claims 
 must be satisfied in the manner set forth in subdivision 7. 

    Subd. 8.    Application hearing.  The court shall 
 conduct a hearing upon such application 30 days after service of 
 the application upon the commissioner.  Upon petition of the 
 commissioner, the court shall continue the hearing up to 60 days 
 further; and upon a showing of good cause may continue the 
 hearing for such further period as the court deems appropriate.  
 At the hearing the aggrieved person shall be required to show 
 that the person: 

    (a)  is not a spouse of debtor, or the personal 
 representative of such spouse; 

    (b)  has complied with all the requirements of this 
 section; 

    (c)  has obtained a judgment as set out in subdivision 7, 
 stating the amount thereof and the amount owing thereon at the 
 date of the application; 

    (d)  has made all reasonable searches and inquiries to 
 ascertain whether the judgment debtor is possessed of real or 
 personal property or other assets, liable to be sold or applied 
 in satisfaction of the judgment; 

    (e) by such search has discovered no personal or real 
 property or other assets liable to be sold or applied, or has 
 discovered certain of them, describing them, owned by the 
 judgment debtor and liable to be so applied, and has taken all 
 necessary action and proceedings for the realization thereof, 
 and that the amount thereby realized was insufficient to satisfy 
 the judgment, stating the amount so realized and the balance 
 remaining due on the judgment after application of the amount 
 realized; 

    (f)  has diligently pursued remedies against all the 
 judgment debtors and all other persons liable to that person in 
 the transaction for which that person seeks recovery from the 
 real estate education, research and recovery fund; 

    (g)  is making said application no more than one year after 
 the judgment becomes final, or no more than one year after the 
 termination of any review or appeal of the judgment. 

    Subd. 9.    Effect of judgment.  Whenever the court 
 proceeds upon an application as set forth in subdivision 7, it 
 shall order payment out of the fund only upon a determination 
 that the aggrieved party has a valid cause of action within the 
 purview of subdivision 7 and has complied with the provisions of 
 subdivision 8.  The judgment shall be only prima facie evidence 
 of such cause of action and for the purposes of this section 
 shall not be conclusive.  The commissioner may defend any such 
 action on behalf of the fund and shall have recourse to all 
 appropriate means of defense and review including examination of 
 witnesses.  The commissioner may move the court at any time to 
 dismiss the application when it appears there are no triable 
 issues and the petition is without merit.  The motion may be 
 supported by affidavit of any person or persons having knowledge 
 of the facts, and may be made on the basis that the petition, 
 and the judgment referred to therein, does not form the basis 
 for a meritorious recovery claim within the purview of 
 subdivision 7; provided, however, the commissioner shall give 
 written notice at least ten days before such motion.  The 
 commissioner may, subject to court approval, compromise a claim 
 based upon the application of an aggrieved party but shall not 
 be bound by any prior compromise or stipulation of the judgment 
 debtor. 

    Subd. 10.    Commissioner's duties.  The commissioner 
 may defend any such action on behalf of the fund and shall have 
 recourse to all appropriate means of defense and review, 
 including examination of witnesses.  The judgment debtor may 
 defend any such action on the debtor's own behalf and shall have 
 recourse to all appropriate means of defense and review, 
 including examination of witnesses.  Whenever an applicant's 
 judgment is by default, stipulation, or consent, or whenever the 
 action against the licensee was defended by a trustee in 
 bankruptcy, the applicant shall have the burden of proving the 
 cause of action for fraudulent, deceptive or dishonest 
 practices, or conversion of trust funds.  Otherwise, the 
 judgment shall create a rebuttable presumption of the 
 fraudulent, deceptive or dishonest practices, or conversion of 
 trust funds.  This presumption is a presumption affecting the 
 burden of producing evidence. 

    Subd. 11.    Payment order.  If the court finds after 
 the hearing that said claim should be levied against the fund, 
 the court shall enter an order directed to the commissioner 
 requiring payment from the fund of whatever sum it shall find to 
 be payable upon the claim pursuant to the provisions of and in 
 accordance with the limitations contained in this section. 

    Subd. 12. Repealed, 1989 c 347 s 43 

    Subd. 13.    License suspension.  Should the 
 commissioner pay from the recovery portion of the fund any 
 amount in settlement of a claim or toward satisfaction of a 
 judgment against a licensee, the license shall be automatically 
 suspended upon the effective date of an order by the court as 
 set forth herein authorizing payment from the recovery portion 
 of the fund.  No broker, salesperson, or closing agent shall be 
 granted reinstatement until the person has repaid in full, plus 
 interest at the rate of 12 percent a year, twice the amount paid 
 from the fund on the person's account, and has obtained a surety 
 bond issued by an insurer authorized to transact business in 
 this state in the amount of $40,000.  The bond shall be filed 
 with the commissioner, with the state of Minnesota as obligee, 
 conditioned for the prompt payment to any aggrieved person 
 entitled thereto, of any amounts received by the real estate 
 broker, salesperson, or closing agent or to protect any 
 aggrieved person from loss resulting from fraudulent, deceptive, 
 or dishonest practices or conversion of trust funds arising out 
 of any transaction when the real estate broker or salesperson 
 was licensed and performed acts for which a license is required 
 under this chapter.  The bond shall remain operative for as long 
 as that real estate broker, salesperson, or closing agent is 
 licensed.  No payment shall be made from the fund based upon 
 claims against any broker, salesperson, or closing agent who is 
 granted reinstatement pursuant to this subdivision.  A discharge 
 in bankruptcy shall not relieve a person from the penalties and 
 disabilities provided in this section. 

    Subd. 14.    Satisfaction of claims.  The commissioner 
 shall satisfy all claims against licensees for which an order 
 pursuant to subdivision 11 directing payment from the recovery 
 portion of the fund has become final during the calendar year.  
 Each claim shall be satisfied by the commissioner by July 15 of 
 the calendar year after the year in which the order directing 
 payment of the claim becomes final, subject to the limitations 
 of this section.  If, at the end of any calendar year, the 
 commissioner determines that the courts have issued orders that 
 have become final during the year directing payment out of the 
 recovery portion of the fund in a total amount in excess of the 
 funds available for recovery purposes, the commissioner shall 
 allocate the funds available for recovery purposes among all 
 claimants in the ratio that the amount ordered paid to each 
 claimant bears to the aggregate of all amounts ordered paid.  
 The commissioner shall mail notice of the allocation to all 
 claimants not less than 45 days following the end of the 
 calendar year.  Any claimant who objects to the plan of 
 allocation shall file a petition in the district court of Ramsey 
 or Hennepin county within 20 days of the mailing of notice 
 setting forth the grounds for objection.  Upon motion of the 
 commissioner, the court shall summarily dismiss the petition and 
 order distribution in accordance with the proposed plan of 
 allocation unless it finds substantial reason to believe that 
 the distribution would be in violation of the provisions of this 
 section.  If a petition is filed, no distribution shall be made 
 except in accordance with a final order of the court.  In the 
 event no petition is filed within 20 days of the mailing of 
 notice, the commissioner shall make a distribution in accordance 
 with the plan of allocation.  Any distribution made by the 
 commissioner in accordance with this subdivision shall be deemed 
 to satisfy and extinguish the claims of any claimant receiving a 
 distribution against the fund.  

    Subd. 15.    Appropriation.  Any sums received by the 
 commissioner pursuant to any provisions of this section shall be 
 deposited in the state treasury, and credited to the real estate 
 education, research and recovery fund, and said sums shall be 
 allocated exclusively for the purposes provided in this 
 section.  All moneys in the fund are appropriated annually to 
 the commissioner for the purposes of this section. 

    All money credited to the fund under section 462A.201 may 
 only be used for purposes under subdivision 6, clause (g).  
 Beginning in 1990, the commissioner must, on February 1 of each 
 year, review the amount of money spent or allocated for uses 
 under subdivision 6, clause (g), for the previous calendar 
 year.  If the amount spent or allocated is less than the amount 
 credited to the fund under section 462A.201 during the same 
 calendar year, the difference must be transferred from the fund 
 to the housing trust fund account established in section 
 462A.201.  If the fund balance exceeds $4,000,000, the 
 commissioner may suspend the fee imposed under subdivision 3. 

    Subd. 16.    Criminal penalty.  It shall be unlawful for 
 any person or the agent of any person to knowingly file with the 
 commissioner any notice, statement, or other document required 
 under the provisions of this section which is false or untrue or 
 contains any material misstatement of fact.  Such conduct shall 
 constitute a gross misdemeanor. 

    Subd. 17.    Right of subrogation.  When, upon the order 
 of the court, the commissioner has paid from the recovery 
 portion of the fund any sum to the judgment creditor, the 
 commissioner shall be subrogated to all of the rights of the 
 judgment creditor to the extent of the amount so paid and the 
 judgment creditor shall assign all right, title and interest in 
 the judgment to the extent of the amount so paid to the 
 commissioner and any amount and interest so recovered by the 
 commissioner on the judgment shall be deposited to the fund. 

    Subd. 18.    Effect of section on commissioner's 
 authority.  Nothing contained in this section shall limit the 
 authority of the commissioner to take disciplinary action 
 against any licensee under other provisions of this chapter; nor 
 shall the repayment in full of all obligations to the recovery 
 portion of the fund by any licensee nullify or modify the effect 
 of any other disciplinary proceeding brought pursuant to the 
 provisions of this chapter. 

    Subd. 19.    Periodic report of fund activities.  The 
 commissioner shall, on or before October 1 in each even-numbered 
 year, prepare and file in the office of the governor for the 
 preceding two fiscal years ending June 30 a report on the 
 activities of the real estate education, research and recovery 
 fund; noting the amount of money received by the fund, the 
 amount of money expended and the purposes therefor. 

    Subd. 20. Repealed, 1992 c 555 art 1 s 13 

    HIST: 1973 c 410 s 18; 1974 c 355 s 5; 1977 c 215 s 5; 1980 c 
 516 s 2; 1980 c 607 art 14 s 46; 1980 c 614 s 76; 1981 c 280 s 
 1; 1983 c 284 s 16; 1983 c 289 s 114 subd 1; 1984 c 552 s 15; 
 1984 c 655 art 1 s 92; 1986 c 444; 1987 c 336 s 25; 1987 c 384 
 art 2 s 1; 1988 c 654 s 3,4; 1989 c 347 s 36-41; 1992 c 555 art 
 1 s 4-10; 1993 c 309 s 20,21; 1994 c 632 art 4 s 38; 1995 c 68 s 
 5; 1995 c 186 s 20; 1996 c 439 art 1 s 11; 2001 c 208 s 17,18; 
 2002 c 220 art 12 s 11