CHAPTER 171

FORMERLY

SENATE BILL NO. 306

AN ACT TO AMEND CHAPTER 29, TITLE 24 OF THE DELAWARE CODE RELATING TO NONRESIDENT LICENSURE OF REAL ESTATE BROKERS, SALESPERSONS AND APPRAISERS, AND TO DISCIPLINARY ACTION AGAINST LICENSEES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend Section 2909, Title 24, Delaware Code, by striking the section in its entirety and substituting in lieu thereof the following:

12909. Nonresident licensure

(a) A nonresident of this State who is a licensed broker, salesperson or appraiser In another state may obtain similar license as a broker, salesperson or appraiser in this State by complying with this Chapter, provided that the nonresident broker, salesperson or appraiser is regularly engaged in the real estate business in the other state. Such nonresident licensed broker, salesperson or appraiser need not maintain a place of business within this State. The Commission may license such nonresident broker, salesperson or appraiser without examination if such person has been duly licensed for a broker's salesperson's or appraiser's license in another state. Upon receipt of an application for nonresident licensure, the Commission shall contact each board which has previously licensed the applicant, to determine whether or not there are disciplinary proceedings or unresolved complaints pending against the applicant. In the event there is a disciplinary proceeding or unresolved complaint pending, the applicant shall not be licensed until the proceeding or complaint has been resolved.

(b) Every nonresident applicant, prior to being licensed, shall file an Irrevocable consent that legal action may be commenced against him. in the proper court of any county of this State in which a cause of action may arise or in which the plaintiff may reside, by service of any process or pleading authorized by the laws of this State upon any member of the Commission. In case any processes or pleadings are served upon any member of the Commission, a copy thereof shall be immediately forwarded by certified or registered mail to the main office of the licensee against which process or pleadings are directed."

Section 2. Amend Section 2912(a), Title 24, Delaware Code, by striking the subsection In Its entirety and substituting in lieu thereof the following:

12912. Revocation of certificate; reprimand of licensee causes

The Commission may, upon its own motion, and shall upon the verified complaint in writing of any person, provided such complaint, together with evidence documentary or otherwise presented in connection therewith, shall make out a prima facie case, direct all complaints to the investigative staff of the Division of Professional Regulation for the Investigation of the actions of any real estate broker, real estate salesperson or real estate appraiser or any person who shall assume to act in any of such capacities within this State, and may suspend or revoke any certificate issued under the provisions of this Chapter or reprimand any licensee at any time where the certificate holder has by false or fraudulent representation obtained a certificate, or where the certificate holder, in performing or attempting to perform any of the acts mentioned herein, is guilty of:

(1) Making any substantial misrepresentation; or

(2) Making any false promise of a character likely to influence, persuade or Induce; or

(3) Pursuing a continued and flagrant course of misrepresentation or the making of false promises through agents or salesmen or advertising or otherwise; or

(4) Acting for more than one party in a transaction without the knowledge of all parties for whom he acts; or

(5) Failing, within a reasonable time, to account for or to remit any moneys coming into his possession which belongs to others; or

(6) Being incompetent to act as a real estate broker, salesperson or appraiser in such manner as to safeguard the interest of the public; or

(7) Paying a commission or valuable consideration to any person for acts or services performed In violation of this Chapter; or

(8) A violation of any of the rules and regulations of the Commission; or

(9) Any other conduct, whether of the same or a different character from that specified in this section, which constitutes improper, fraudulent or dishonest dealing."

Section 3. This Act shall become effective immediately.

Approved February 8, 1990.