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§73-35-8. Nonresident’s license; application
(1) A nonresident may apply for a nonresident’s 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 prelicensing
educational requirements at the time of application or having to sit for
the examination in order to obtain the equivalent nonresident license.
(10) A nonresident licensee in good standing who changes his legal
domicile to the State of Mississippi may obtain a resident license
equivalent to his nonresident license without meeting the current
educational requirements or sitting for the examination, provided other
requirements set forth for residents of the state are met.
(11) A nonresident licensee may utilize the inactive status for his license
under the same requirements as a resident licensee, including but not
limited to, continuing education requirements and ceasing active status
under a licensed nonresident broker