REPORT TITLE:
Relating to Real Estate
Brokers


DESCRIPTION:
Requires issuance of real estate broker licenses in the name
requested by the applicant, unless fraud or confusion would
result.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2787
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO REAL ESTATE BROKERS. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Many people go through life using names not
 
 2 fully complying with that listed on their birth certificate.
 
 3 This includes the use of middle names, nicknames, junior, etc.
 
 4 Real estate brokers should be able to use the name by which they
 
 5 are known, rather than their exact legal name, if they so choose.
 
 6 Their right to decide how they will be known should be restricted
 
 7 only if there is a demonstrated need to prevent confusion or
 
 8 fraud.
 
 9      SECTION 2.  Section 467-9, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      §467-9 License, registration, certificate, and
 
12 applications.(a)  Every applicant for issuance of a real estate
 
13 license, registration, or certificate under this chapter shall
 
14 file an application with the commission in a form and setting
 
15 forth the information as may be prescribed or required by the
 
16 commission, and shall furnish any additional information bearing
 
17 upon the issuance of the license, registration, and certificate
 
18 as it requires.  In the case of a partnership or corporation, any
 
19 general partner or officer thereof may sign the application on
 
20 behalf of the applicant.  The commission may prescribe deadlines
 
21 for the submission of applications.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (b)  Unless approved by the commission, no real estate
 
 2 broker's license shall be issued under or changed to any trade
 
 3 name, corporate name, or partnership name which contains the
 
 4 name, part of the name, initials, or nickname of:
 
 5      (1)  An unlicensed person;
 
 6      (2)  A real estate salesperson; or 
 
 7      (3)  A real estate broker whose real estate license is not
 
 8           associated with or employed by the subject real estate
 
 9           broker applicant.
 
10 A real estate broker's license name includes any trade name
 
11 approved by the commission.
 
12      (c)  A real estate broker's license shall be placed on an
 
13 inactive status unless the real estate broker immediately changes
 
14 its name, trade name, corporate name, or partnership name that
 
15 contains the name, part of the name, initials, or nickname of:
 
16      (1)  A real estate licensee who is no longer associated with
 
17           or employed by the subject real estate broker, except
 
18           in the case of incapacitating disability or death of
 
19           the real estate licensee where written authorization is
 
20           obtained from the real estate licensee or legal
 
21           representative of the licensee permitting use of the
 
22           name; or
 

 
 
 
Page 3                                                     2787
                                     H.B. NO.           
                                                        
                                                        

 
 1      (2)  A real estate licensee who is no longer a current
 
 2           active real estate licensee due to revocation,
 
 3           termination, forfeiture, surrender, or inactive status.
 
 4 The changes shall comply with this chapter and the rules of the
 
 5 commission.
 
 6      (d)  Notwithstanding subsection (b), a real estate broker's
 
 7 license name may include the name of a franchise registered with
 
 8 the business registration division of the department of commerce
 
 9 and consumer affairs.
 
10      (e)  A real estate broker's license shall be issued in the
 
11 name requested by the applicant, so long as the requested license
 
12 name includes the legal last name of the applicant.  The
 
13 commission may deny the name requested by the applicant only if
 
14 necessary to prevent confusion, duplication, or fraud.  The
 
15 commission shall maintain a record of both the legal name and
 
16 license name of real estate broker's issued a license.  Real
 
17 estate broker's may use their license name for all real estate
 
18 transactions and purposes.
 
19      SECTION 3.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 4.  This Act shall take effect upon its approval.
 
22 
 
23                       INTRODUCED BY:  ___________________________