# Mont. Code Ann. § 37-51-309: 37-51-309 Broker -- salesperson -- for-sale-by-owner personal transactions of salesperson -- notice to department of change of association

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T37_C51_P3_S37-51-309

## Section

- **Citation:** Mont. Code Ann. § 37-51-309
- **Heading:** 37-51-309 Broker -- salesperson -- for-sale-by-owner personal transactions of salesperson -- notice to department of change of association
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 37 / Chapter 51 / Part 3 / Section 37-51-309

## Text

37-51-309 . Broker -- salesperson -- for-sale-by-owner personal transactions of salesperson -- notice to department of change of association. (1) A salesperson may not be associated with, be under contract to, or perform services for more than one supervising broker, except on a temporary basis as provided in 37-51-302 .

(2) (a) If a licensed salesperson desires to change association or contractual relationship from one supervising broker to another, the salesperson shall notify the department promptly in writing and pay the required fee.

(b) The successor supervising broker shall notify the department in writing of acceptance of the salesperson.

(c) After the department receives written acceptance of the salesperson from the successor supervising broker, the department shall issue a new license to the salesperson and a new endorsement to the supervising broker. A salesperson may not directly or indirectly work for or with a supervising broker until the salesperson has been issued a license to work for or with that supervising broker.

(3) (a) If a licensed salesperson chooses to change association or contractual relationship from the salesperson's supervising broker, but the salesperson does not have another supervising broker who has accepted supervision of the salesperson, the salesperson shall notify the department promptly in writing, at which time the salesperson's license will automatically be put on inactive status.

(b) When the conditions in subsection (3)(a) apply, the department may not charge a fee for the change in status.

(c) The salesperson may not practice during a time when the salesperson has no supervising broker or when the salesperson's license is on inactive status.

(4) A supervising broker who wishes to terminate supervision of a salesperson shall notify the salesperson in advance or concurrently with notification to the board. Termination of supervision by the supervising broker is not effective under this subsection until the supervising broker has notified both the salesperson and the board.

(5) Only one license issued to a salesperson is in effect at one time.

(6) (a) The provisions of this chapter do not prohibit a salesperson from engaging in for-sale-by-owner personal transactions, and the provisions of this chapter do not require a supervising broker to exercise any supervision or provide any training for a salesperson with respect to for-sale-by-owner personal transactions of the salesperson.

(b) A supervising broker or real estate firm is not responsible or liable for the for-sale-by-owner personal transactions of a salesperson.

(c) Prior to entering into a for-sale-by-owner personal transaction, the salesperson shall disclose in writing to the other party that the transaction is a for-sale-by-owner personal transaction with respect to the salesperson and that the transaction does not involve the salesperson's supervising broker or real estate firm.

(d) A supervising broker or real estate firm is not responsible or liable for the failure of a salesperson to provide the disclosure required in subsection (6)(c).

(7) For the purposes of this section, "for-sale-by-owner personal transaction" includes the following:

(a) the sale, purchase, or exchange of real property owned or acquired by the salesperson; and

(b) the leasing or renting of real property owned by the salesperson.

## Nearby sections

- [Mont. Code Ann. § 37-51-301 37-51-301 License required -- limited to persons](https://www.frixlaw.com/law-library/statutes/STATE_MT_T37_C51_P3_S37-51-301.md)
- [Mont. Code Ann. § 37-51-302 37-51-302 Broker's or salesperson's license -- qualifications of applicant -- supervising broker endorsement](https://www.frixlaw.com/law-library/statutes/STATE_MT_T37_C51_P3_S37-51-302.md)
- [Mont. Code Ann. § 37-51-303 37-51-303 Broker or salesperson examination](https://www.frixlaw.com/law-library/statutes/STATE_MT_T37_C51_P3_S37-51-303.md)
- [Mont. Code Ann. § 37-51-306 37-51-306 Transactions with nonresidents and with nonlicensed brokers, salespersons, or property managers -- consent to legal process](https://www.frixlaw.com/law-library/statutes/STATE_MT_T37_C51_P3_S37-51-306.md)
- [Mont. Code Ann. § 37-51-308 37-51-308 Broker's office -- display -- notice to department of change of address](https://www.frixlaw.com/law-library/statutes/STATE_MT_T37_C51_P3_S37-51-308.md)
- [Mont. Code Ann. § 37-51-309 37-51-309 Broker -- salesperson -- for-sale-by-owner personal transactions of salesperson -- notice to department of change of association](https://www.frixlaw.com/law-library/statutes/STATE_MT_T37_C51_P3_S37-51-309.md)
- [Mont. Code Ann. § 37-51-311 37-51-311 Fees -- deposit of fees](https://www.frixlaw.com/law-library/statutes/STATE_MT_T37_C51_P3_S37-51-311.md)
- [Mont. Code Ann. § 37-51-312 37-51-312 No taxation by municipality](https://www.frixlaw.com/law-library/statutes/STATE_MT_T37_C51_P3_S37-51-312.md)
- [Mont. Code Ann. § 37-51-313 37-51-313 Duties, duration, and termination of relationship between broker or salesperson and buyer or seller](https://www.frixlaw.com/law-library/statutes/STATE_MT_T37_C51_P3_S37-51-313.md)
- [Mont. Code Ann. § 37-51-314 37-51-314 Relationship disclosure requirements](https://www.frixlaw.com/law-library/statutes/STATE_MT_T37_C51_P3_S37-51-314.md)
- [Mont. Code Ann. § 37-51-315 37-51-315 Vicarious liability](https://www.frixlaw.com/law-library/statutes/STATE_MT_T37_C51_P3_S37-51-315.md)
- [Mont. Code Ann. § 37-51-321 37-51-321 Unprofessional conduct -- sanction of license](https://www.frixlaw.com/law-library/statutes/STATE_MT_T37_C51_P3_S37-51-321.md)
- [Mont. Code Ann. § 37-51-324 37-51-324 Penalty for failure to comply with trust account requirements](https://www.frixlaw.com/law-library/statutes/STATE_MT_T37_C51_P3_S37-51-324.md)
- [Mont. Code Ann. § 37-51-325 37-51-325 Professional liability insurance required -- errors and omissions insurance coverage -- policy requirements](https://www.frixlaw.com/law-library/statutes/STATE_MT_T37_C51_P3_S37-51-325.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T37_C51_P3_S37-51-309. Check the current official text before relying on it. Not legal advice.
