(1) In any transaction in which a property management licensee is involved as a licensee or as a party, has held himself or herself out as a licensee, or in which any party has reasonably relied on a licensee's status as a licensee, violation of any statute or rule administered by the board may be considered by the board in determining whether or not the licensee has failed to meet the generally-accepted standards of practice.

(2) If the board determines that a licensee has committed an act that violates a statute or the rules administered by the board, such act shall be deemed an act against the interest of the public for which the board may take disciplinary action permitted by law against the licensee.

(3) In addition to all other provisions contained in the statutes and rules administered by the board, particularly 37-51-606 , MCA, failure to comply with any of the following will constitute an act against the interest of the public:

(a) Licensees must maintain a level of knowledge customary for licensees of this state, including laws and rules administered by the board, and shall not violate laws and rules affecting any transaction in which he or she acts.

(b) Licensees shall not engage in activities that constitute the practice of law.

(c) Licensees, prior to engaging in the services of any attorney, insurance agent or other like person or like entity, on behalf of a principal, third-party or other person, shall inform the person obligated to pay for the services and obtain consent from that person.

(d) Licensees, in engaging or recommending the services of an attorney, insurance company or other like person or entity, on behalf of a principal third-party, or other person, shall disclose any family relationship, financial relationship and/or financial interest that the licensee or property management agency with which the licensee is associated may have in that person or entity being engaged or recommended.

 

 

 

(e) The licensee is not required to either investigate or disclose whether a registered sexual or violent offender resides in proximity to any property with which the licensee manages, shows, negotiates for the rental or otherwise is involved.

(f) Licensees may not falsify documents, place signatures on documents without authority of a written power of attorney from the party or commit any act of forgery, fraud, misrepresentation, deception, misappropriation, conversion, theft or any other like act.

(g) Licensees may not enter a transaction or agreement with the intent not to perform.

(h) Licensees may make reasonable efforts to perform all obligations arising from any agreement entered into.

(i) Property managers may not act as a broker unless they hold that license separately.

(j) Licensees may not violate the Landlord-Tenant Act (70-24-101 , MCA) .

(k) Licensees may not violate the state and federal human rights statutes.

(l) Licensees may not violate the Americans with Disabilities Act.

(m) Licensees when entering into a management agreement shall make a prompt effort to verify that the principal entering the agreement is the owner or is authorized by the owner to enter such agreement.

(n) Licensees shall disclose to all customers and clients their contractual relationship.

(o) A licensee may not openly advertise property belonging to others, whether by means of printed material, radio, television or display or by other means, unless licensee has a signed property management agreement from the owner of the property. The agreement must be valid as of the date of advertisement. Internet advertising is subject to the provisions of ARM 24.210.430.

 

 

 

(p) Licensees shall include the name of the property management company, or the term "property manager" in any real estate advertising, including property owned by the licensee. Internet advertising is subject to the provisions of ARM 24.210.430.

(q) A licensee shall disclose the fact that he/she is a licensee when the licensee first seeks information from the owner, the owner's agent or tenant about any property, whether for the licensee's own account or as agent for another.

(r) A licensee shall repay the recovery account for any amounts due and owing the account caused by any actions, negligence or misrepresentation of the licensee.

(4) The revocation or suspension or other disciplinary treatment of any other professional or occupational license or privilege held by the licensee in this state or another state, whether as an attorney, salesperson, broker, appraiser or similar occupation or profession, shall be grounds for license discipline in this state, if the board, after appropriate notice and hearing, determines that the substantive grounds for that disciplinary treatment demonstrates the licensee's unworthiness or incompetency to act as a property manager.

(5) A licensed property manager is responsible for the actions of their employees who aid or assist the property manager in the performance of property management functions.