R592-8-3. Definitions

Terms used in this rule are defined in Sections 31A-1-301, 31A-2-402, and 31A-23a-10. Additional terms are defined as follows: (1) "Attorney" means a person licensed, in good standing, with the Utah State Bar. (2) "Real estate experience" includes: (a) law firm transactional experience consisting of any of the following: (i) real estate transactions, drafting documents, reviewing and negotiating contracts of sale, real estate purchase contracts (REPC), commercial transactions, residential transactions; (ii) financing and securing construction and permanent financing; (iii) title review, due diligence, consulting and negotiating with title companies, researching and drafting title opinions, coordinating with title companies, pre-closing; (iv) zoning, development, construction, homeowners' associations, subdivisions, condominiums, planned unit developments; (v) conducting closings; and (vi) estate planning, probate-related transactions and conveyances. (b) law firm litigation experience consisting of any of the following: (i) foreclosures; (A) judicial and non-judicial; (B) homeowner association (HOA) lien foreclosure; (ii) homeowner vs. HOA litigation; (iii) state construction registry litigation, mechanics lien filing and litigation; (iv) real estate disputes or litigation involving: (A) a real estate contract; (B) a boundary line; (C) a right of way, an easement, or both; (D) a zoning issue; (E) a property tax issue; (F) a title issue or claim; (G) an issue between a landlord and a tenant; and (F) an estate or probate litigation, or both, involving real property assets, claims, and disputes. (c) non-law firm experience consisting of any of the following: (i) real estate agent, broker, developer, investor; (ii) mortgage broker; (iii) general contractor; (iv) professor or instructor teaching real estate licensing, real estate contracts, or real estate law; (v) lender involved with any of the following real estate lending activities: (A) lending; (B) escrow; or (C) foreclosure; (vi) private lender; (vii) in-house counsel involved in real estate transactions for bank, mortgage lender, credit union, title company, or agency title insurance producer; (viii) employment with or counsel to a government agency involved in regulation of real estate, such as HUD, FHA, zoning, tax assessor, county recorder, insurance department, and federal or state legislatures; (ix) escrow officer; (x) title searcher; or (xi) surveyor; and (d) other experience with real estate not included in Subsections (a), (b), and (c).