This Agreement is between the State of Idaho (hereinafter referred to as "Idaho") and the State of
Montana (hereinafter referred to as "Montana").
WHEREAS Idaho and Montana desire to enter into an agreement concerning the granting of real
estate licenses in their respective states; and
WHEREAS the Idaho Real Estate Commission and the Montana Real Estate Commission have the
statutory authority to enter into this reciprocal agreement, (hereinafter referred to as "Agreement"),
WHEREAS the purpose of this Agreement is to facilitate business and commerce between the two
states while coordinating the efforts of each state to oversee the activities of licensees and better
protect consumers, and is in the public interest of the citizens of Idaho and Montana:
NOW, THEREFORE, IT IS AGREED THAT LICENSES MAY BE GRANTED UPON THE
FOLLOWING TERMS AND CONDITIONS:
- For the purposes of this Agreement, the following definitions shall apply:
- "Primary license" means a real estate license issued by the licensee's
state of residence;
- "Reciprocal license" means a real estate license issued by a state to a
nonresident licensee and by virtue of this Agreement;
- "State of residence" means the state in which the licensee resides or,
if different, the state in which his or her place of business is located.
- "State" refers to either Idaho or Montana.
The successful completion of the Idaho real estate salesperson's licensing
examination, and the granting of a primary real estate salesperson's license by Idaho,
shall be recognized by Montana in satisfaction of its licensing requirements for
real estate salesperson, and will enable an Idaho salesperson to obtain, upon the
filing of the proper application and fees, a reciprocal Montana
salesperson's license.
The successful completion of the Montana real estate salesperson's licensing
examination, and the granting of a primary real estate salesperson's license by
Montana, shall be recognized by Idaho in satisfaction of its licensing requirements
for real estate salesperson, and will enable an Montana salesperson to obtain, upon
the filing of the proper application and fees, a reciprocal Idaho
salesperson's license.
The successful completion of the Idaho real estate broker's licensing
examination and the granting of a primary real estate broker's license by Idaho shall
be recognized by Montana in satisfaction of its licensing requirements for real estate
broker and will enable an Idaho broker to obtain, upon the filing of the proper
application and fees, a reciprocal Montana real estate broker's license.
The successful completion of the Montana real estate broker's licensing
examination and the granting of a primary real estate broker's license by Montana
shall be recognized by Idaho in satisfaction of its licensing requirements for real
estate broker and will enable a Montana broker to obtain, upon the filing of the
proper application and fees, a reciprocal Idaho real estate broker's license.
It is herein understood that an Montana licensee seeking a reciprocal Idaho
license as a salesperson must be actively licensed under and associated with an
Montana broker who also holds an active reciprocal Idaho license as a broker.
Likewise, an Idaho licensee seeking a reciprocal license in Montana as a salesperson
must be actively licensed under and associated with an Idaho broker who
also holds an active reciprocal Montana license as a broker.
It is further understood that each reciprocal license must be issued in the
same category as the licensee's primary license. Any change to the primary license
status (e.g., active to inactive) or category (e.g., salesperson to broker) must also
be made to the reciprocal license. It shall be the responsibility of the individual
licensee to keep his or her reciprocal license current and to pay any fees
associated with making changes to the reciprocal license.
It is further understood that only a non-resident licensee may be reciprocally
licensed under this Agreement. A reciprocal licensee may not maintain his or her
place of business in the state issuing the reciprocal license. A reciprocal licensee
who relocates his or her place of business from one state
to the other must obtain a primary license in the new state.
When a licensee who holds a primary license in one state, moves his place of
business from that state to the other state, such licensee shall be able to obtain,
upon filing of the proper application and fee, and without taking the new state's
licensing examination, a primary license of the same license category in the new state
of residence. Application must be made within one year after moving to the
new state.
The parties to this Agreement shall issue, renew and continue a reciprocal
license only where a licensee granted a license under this Agreement complies with the
continuing education requirements of his or her state of residence, and provides proof
of such compliance in the form required by the state issuing or renewing the reciprocal
license. Should it appear to either licensing authority, in its good judgment, that an
applicant is seeking a change in licensure, from one state to the other, for the purpose
of avoiding the continuing education requirements of the states, such authority may deny
the application for licensure, or may require proof of completed continuing
education course work before issuing the license.
The applicant's state of residence shall, upon request from the state issuing
the reciprocal license, provide a certificate of license history certifying the
applicant's current licensure and good standing in the applicant's state of residence.
The parties to this Agreement shall issue, renew and continue a reciprocal
license provided that the licensee complies with the statutes and regulations of the
state issuing the reciprocal license, including the laws regarding the proper
location of trust funds and entrusted property.
The parties to this Agreement shall issue, renew and continue a reciprocal
license provided that the licensee, by agreement or otherwise, is subject to service
of process in any civil action in the form prescribed by the state issuing the
reciprocal license.
The parties to this Agreement shall issue, renew and continue a reciprocal
license provided that the licensee, by agreement or otherwise, submits to the
jurisdiction of the state issuing the reciprocal license for purposes of
investigation and disciplinary action.
It is herein understood that a reciprocal license granted under the terms of
this Agreement is contingent upon the licensee's maintenance of a current primary real
estate license in his or her state of residence. Failure to maintain a current primary
license in the state of residence shall cause the reciprocal license to automatically
terminate.
The applicant's state of resident agrees to provide, to the state issuing the
reciprocal license, information regarding its actions to issue, expire, renew,
inactivate, or terminate the primary license of any person who holds a reciprocal
license with the other state.
Each state agrees that, whenever its licensing authority takes formal
action against, or suspends or revokes, the primary license of person who holds a
reciprocal license with the other state, such authority shall immediately notify the
other state's licensing authority of such action and provide
a copy of the documents of such action.
The duration of this Agreement shall be ongoing until terminated in
accordance with the terms herein.
The provisions of this Agreement shall be administered in Idaho by the
Idaho Real Estate Commission through its Executive Director, and, in Montana, by
the Montana Board of Realty Regulation through its Administrator.
It is anticipated that no real or personal property shall be required
for the administration of this Agreement.
The right is hereby reserved by either or both of the above-mentioned
licensing authorities to, in the exercise of its discretion, refuse to issue any
reciprocal license to a nonresident applicant for just cause.
It is anticipated that all funds necessary to finance the administrative
costs of this program in each state will be derived from sufficient license fees
and appropriate charges made by the licensing authorities in each state, and will
be borne fully by those seeking reciprocal licenses. There will be no joint
funding nor any shared costs of administration between the two state licensing
authorities.
This Agreement may be terminated by either state, at any time, by written
notification to the other state. Any such termination will occur midnight of the
60th day after written notice is received by the other state. The notice
of termination shall recite, within it, the effective date of the termination. The
state requesting termination shall be responsible for notifying in writing all
affected reciprocal licensees.
This Agreement supersedes any and all previous agreements for license
reciprocity between Idaho and Montana.
The parties acknowledge that, pursuant to section 67-2329, Idaho Code, this
Agreement must be filed with and approved by the Idaho Secretary of State before it
goes into effect. This Agreement shall be in full force and effect upon notification
to the parties by the Idaho Secretary of State.