Every applicant for a resident license as a real estate salesperson
- shall be age eighteen (18) years or over
- shall be a bona fide resident of the State of Mississippi prior to filing his application
- shall have successfully completed a minimum of sixty (60) hours in courses in real estate (this is what our school does)
- shall have successfully completed the real estate salesperson’s examination (this is what we prepare you for)
Except as otherwise provided in this section, every person who applies for a resident license as a real estate broker:
- shall be age twenty-one (21) years or over, and have his legal domicile in the State of Mississippi at the time he applies;
- shall be subject to the jurisdiction of this state, subject to the income tax laws and other excise laws thereof, subject to the road and bridge privilege tax laws thereof;
- shall not be an elector in any other state;
- shall have held a license as an active real estate salesperson for twelve (12) months prior to making application for the broker’s examination hereafter specified;
- shall have successfully completed a minimum of one hundred twenty (120) hours of courses in real estate as hereafter specified; and
- shall have successfully completed the real estate broker’s examination as hereafter specified; and
- shall have successfully been cleared for licensure by the commission’s background investigation as provided in Section 73-35-10; and
- sign a form under penalty of perjury stating that the applicant will not hire any real estate salespersons for thirty six (36) months from the date of approval of his or her active real estate salesperson’s license.
The real estate commission shall create a standard form to comply with the requirements of this section.
Upon completion of such restriction provided in this paragraph (8) of this section, the real estate broker is authorized to employ any number of real estate salespersons.
The provisions of paragraph (8) shall not apply to an applicant who seeks to hire a real estate salesperson in less than thirty-six (36) months from the date of approval of his or her active real estate salesperson’s license.
Any person who desires to hire a real estate salesperson in less than thirty-six (36) months from the date of approval of his or her active real estate salesperson’s license shall:
- be age twenty-one (21) years or over, and have his or her legal domicile in the State of Mississippi at the time he or she applies;
- be subject to the jurisdiction of this state, subject to the income tax laws and other excise laws thereof, subject to the road and bridge privilege tax laws thereof;
- not be an elector in any other state;
- have held a license as an active real estate salesperson for thirty-six (36) months prior to making application for the broker’s examination hereafter specified;
- have successfully completed a minimum of one hundred twenty (120) hours of courses in real estate as hereafter specified;
- have successfully completed the real estate broker’s examination as hereafter specified; and
- have successfully been cleared for licensure by the commission’s background investigation.
An applicant who has not held an active real estate salesperson’s license for a period of at least thirty-six (36) months prior to submitting an application shall have successfully completed a minimum of one hundred fifty (150) classroom hours in real estate courses, which courses are acceptable for credit toward a degree at a college or university as approved by the Southern Association of Colleges and Schools.
Licencing Certifying or Registering Military-trained Individuals or Spouses to Lawfully Practice Occupation
(1) As used in this section, the term:
(a) “License” means any license (other than a privilege license), certificate or other evidence of qualification that an individual is required to obtain before he or she may engage in or represent himself or herself to be a member of a particular profession or occupation.
(b) “Occupational licensing board” means any state board, commission, department or other agency in Mississippi that is established for the primary purpose of regulating the entry of persons into, and/or the conduct of persons within, a particular profession or occupation, and which is authorized to issue licenses. For the purposes of this section, the State Department of Education shall be considered an occupational licensing board when issuing teacher licenses under Section 37-3-2.
(2) Notwithstanding any other provision of law, an occupational licensing board shall issue a license, certification or registration to a military-trained applicant to allow the applicant to lawfully practice the applicant’s occupation in Mississippi if, upon application to an occupational licensing board, the applicant satisfies the following conditions:
(a) Has been awarded a military occupational specialty and has done all of the following at a level that is substantially equivalent to or exceeds the requirements for licensure, certification or registration of the occupational licensing board from which the applicant is seeking licensure, certification or registration in this state: completed a military program of training, completed testing or equivalent training and experience as determined by the board, and performed in the occupational specialty.
(b) Has engaged in the active practice of the occupation for which the person is seeking a license, certification or permit from the occupational licensing board in this state for at least two (2) of the five (5) years preceding the date of the application under this section.
(c) Has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension or revocation of a license to practice that occupation in this state at the time the act was committed.
(d) Pays any fees required by the occupational licensing board for which the applicant is seeking licensure, certification or registration in this state.
(3) Notwithstanding any other provision of law, an occupational licensing board shall issue a license, certification or registration to a military spouse to allow the military spouse to lawfully practice the military spouse’s occupation in Mississippi if, upon application to an occupational licensing board, the military spouse satisfies the following conditions:
(a) Holds a current license, certification or registration from another jurisdiction, and that jurisdiction’s requirements for licensure, certification or registration are substantially equivalent to or exceed the requirements for licensure, certification or registration of the occupational licensing board for which the applicant is seeking licensure, certification or registration in this state.
(b) Can demonstrate competency in the occupation through methods as determined by the board, such as having completed continuing education units or having had recent experience for at least two (2) of the five (5) years preceding the date of the application under this section.
(c) Has not committed any act in any jurisdiction that would have constituted grounds for refusal, suspension or revocation of a license to practice that occupation in this state at the time the act was committed.
(d) Is in good standing and has not been disciplined by the agency that had jurisdiction to issue the license, certification or permit.
(e) Pays any fees required by the occupational licensing board for which the applicant is seeking licensure, certification or registration in this state.
(4) All relevant experience of a military service member in the discharge of official duties or, for a military spouse, all relevant experience, including full-time and part-time experience, regardless of whether in a paid or volunteer capacity, shall be credited in the calculation of years of practice in an occupation as required under subsection (2) or (3) of this section.
(5) A nonresident licensed, certified or registered under this section shall be entitled to the same rights and subject to the same obligations as required of a resident licensed, certified or registered by an occupational licensing board in this state.
(6) An occupational licensing board may issue a temporary practice permit to a military-trained applicant or military spouse licensed, certified or registered in another jurisdiction while the military-trained applicant or military spouse is satisfying the requirements for licensure under subsection (2) or (3) of this section if that jurisdiction has licensure, certification or registration standards substantially equivalent to the standards for licensure, certification or registration of an occupational licensing board in this state. The military-trained applicant or military spouse may practice under the temporary permit until a license, certification or registration is granted or until a notice to deny a license, certification or registration is issued in accordance with rules adopted by the occupational licensing board.
(7) An occupational licensing board may adopt rules necessary to implement this section.
(8) Nothing in this section shall be construed to prohibit a military-trained applicant or military spouse from proceeding under the existing licensure, certification or registration requirements established by an occupational licensing board in this state.
A nonresident may apply for a non resident license in Mississippi provided the individual is
(i) a licensed broker in another state or
(ii) is a broker/salesperson or salesperson affiliated with a resident or nonresident Mississippi broker or
(iii) is a nonresident who applies for a broker’s license and who will maintain an office in Mississippi.
The nonresident broker need not maintain a place of business within Mississippi provided he is regularly actively engaged in the real estate business and maintains a place of business in the other state.
The nonresident licensee or applicant shall be subject to all the provisions of this chapter except for the residency requirement and approved equivalent pre-licensing education.
(2) Every nonresident applicant shall file a statement of irrevocable consent with the Real Estate Commission that legal actions may be commenced against him in the proper court of any county of this state in which a cause of action may arise or in which the plaintiff may reside by service of process or pleading authorized by the laws of this state, by the Secretary of State of Mississippi, or by any member of the commission or chief executive officer thereof, the consent stipulating that the service of process or pleading shall be taken in all courts to be valid and binding as if personal service had been made upon the nonresident licensee in this state. The consent shall be duly acknowledged.
Every nonresident licensee shall consent to have any hearings conducted by the commission pursuant to Section 73-35-23, Mississippi Code of 1972, at a place designated by the commission.
(3) Any service of process or pleading shall be served on the executive officer of the commission by filing duplicate copies, one (1) of which shall be filed in the office of the commission and the other forwarded by certified mail to the last known principal address of the nonresident licensee against whom such process or pleading is directed.
No default in any such action shall be taken except upon an affidavit of certification of the commission or the executive officer thereof that a copy of the process or pleading was mailed to the defendant as herein provided, and no default judgment shall be taken in any such action or proceeding until thirty (30) days after the mailing of process or pleading to the defendant.
(4) An applicant shall sign an agreement to cooperate with any investigation of the applicant’s real estate brokerage activities which the commission may undertake.
(5) Each applicant for a nonresident license must qualify in all respects, including education, examination and fees, as an applicant who is a resident of Mississippi with the exception of the residency requirement and approved equivalent pre-licensing education.
(6) A certification from the Executive Officer of the Real Estate Commission in the state in which the nonresident maintains his principal place of business shall be required.
An applicant shall disclose all states in which he has held a real estate license and furnish a certification of licensure from that state or states.
(7) The applicant/broker shall obtain an appropriate Mississippi license for the firm through which he intends to operate as a broker.
(8) Any nonresident broker, broker-salesperson and salesperson shall meet Mississippi continuing education requirements after becoming licensed just as any resident licensee.
(9) A broker or salesperson licensed in this state, on inactive status in good standing and no longer a resident of this state, may, after meeting other requirements for nonresident licensees, make application for a nonresident license without being required to meet current pre licensing educational requirements at the time of application or having to sit for the examination in order to obtain the equivalent nonresident license.
