Montana 2023 Regular Session

Montana Senate Bill SB455

Introduced
2/22/23  
Refer
2/22/23  
Engrossed
3/3/23  
Refer
3/15/23  
Enrolled
4/19/23  

Caption

Generally revise laws pertaining to realty regulation

Impact

The impact of SB 455 is notable as it redefines the framework under which property management operates in Montana. By introducing specific licensing criteria, including educational and examination requirements for property managers, the legislation aims to ensure that property managers are adequately trained and capable of fulfilling their roles. This move is anticipated to bolster consumer protection by ensuring that property managers are equipped to handle the complexities of real estate transactions and property management tasks. Furthermore, the bill repeals outdated licensing and registration requirements related to timeshare sales, streamlining regulatory requirements for the real estate sector.

Summary

Senate Bill 455 aims to revise and modernize regulations related to realty practices in Montana, specifically focusing on the oversight and licensing of property managers. A significant change is the transfer of authority over property managers from the Board of Realty Regulation to the Department of Labor and Industry. This bill establishes new licensing requirements for property managers, ensuring that individuals engaging in property management are qualified and adhere to state regulations, thereby enhancing accountability and professionalism in the sector.

Sentiment

The sentiment surrounding Senate Bill 455 appears to be largely supportive among proponents who view it as a necessary step to enhance consumer protections and regulate a rapidly evolving real estate market. Advocates argue that the bill will lead to more qualified professionals entering the industry and increasing standards within property management. However, concerns have been raised by some stakeholders about the potential for increased regulatory burden on property managers, particularly regarding the new compliance standards they will need to meet.

Contention

While SB 455 enjoys considerable support, some contention exists regarding the implications of shifting oversight from the Board of Realty Regulation to the Department of Labor and Industry. Critics of the change worry that it could dilute the focus on realty-specific issues while placing property management under a more general regulatory framework. Moreover, the new penalties for non-compliance with trust account regulations, which could include significant fines, have raised concerns about the financial burdens placed on smaller property management firms.

Companion Bills

No companion bills found.

Similar Bills

MT HB296

Revising laws relating to real estate transaction disclosures

MT HB247

Revise laws relating to exemptions to the practice of real estate

CT HB06769

An Act Concerning The Department Of Consumer Protection's Recommendations Regarding Real Estate Licensing And Enforcement.

NJ S3192

"Real Estate Consumer Protection Enhancement Act."

NJ A4454

"Real Estate Consumer Protection Enhancement Act."

CT HB07078

An Act Concerning The Removal Of Unauthorized Persons From Real Property, Continuing Education Requirements For Real Estate Licensees, Requiring A Study Of Residential Real Property Wholesaling And Revising The Title Of A Real Estate Salesperson To A Real Estate Agent.

AL HB382

Real estate transactions; required disclosure forms; description of brokerage services; terms of compensation; required written brokerage agreements under certain circumstances; penalties and fines for certain violations; duties of qualifying brokers and licensees; scope of operation of teams

AL SB212

Real estate transactions; required disclosure forms; description of brokerage services; terms of compensation; required written brokerage agreements under certain circumstances; penalties and fines for certain violations; duties of qualifying brokers and licensees; scope of operation of teams