§ 61-2f-409. Actions for recovery of compensation restricted.

(1)

(a) A person may not bring or maintain an action in any court of this state for the recovery of a commission, fee, or compensation, for any act done or service rendered if the act or service is prohibited under this chapter.

(b) Except as provided in Subsection (1)(a), a person may bring or maintain an action in any court of this state for the recovery of a commission, fee, or compensation if the person is:

(i) a principal broker;

(ii) an individual that was licensed as a principal broker at the time the act or service that is the subject of the lawsuit was performed; or

(iii) an entity that, under the records of the Division of Real Estate, is affiliated with a principal broker.

(2)

(a) A sales agent or associate broker may not sue in that individual's own name for the recovery of a fee, commission, or compensation for services as a sales agent or associate broker unless the action is against the principal broker with whom the sales agent or associate broker is or was affiliated.

(b) An action for the recovery of a fee, commission, or other compensation may only be instituted and brought by the principal broker with whom a sales agent or associate broker is affiliated.

Amended by Chapter 292, 2013 General Session