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Bill

H 735

An act relating to issuance of temporary licenses for incapacitation of real estate brokers

2025-2026 Regular Session Introduced by Ashley Bartley and 9 co-sponsors

The bill creates temporary real estate broker licenses to maintain licensed service and protect clients when a broker becomes incapacitated.

Read first time and referred to the Committee on Government Operations and Military Affairs
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Bill Summary · H 735

Bill Overview

  • Bill: H 735
  • Session: 2025-2026
  • Jurisdiction: Vermont
  • Title: An act relating to issuance of temporary licenses for incapacitation of real estate brokers
  • Action history: Read first time and referred to the Committee on Government Operations and Military Affairs on 2026-01-21
  • Primary sponsors (a broad list of co-sponsors): Tom Charlton, Dave Bosch, Kirk White, Ashley Bartley, Michael Boutin, Abbey Duke, Tony Micklus, Michael Marcotte, Herb Olson, Elizabeth Burrows

Purpose and Intent

  • The bill aims to address scenarios where a real estate broker is incapacitated and unable to perform licensed duties.
  • It proposes a mechanism to issue temporary licenses to ensure continuity of real estate transactions, client protections, and the public interest when a broker cannot fulfill responsibilities due to incapacitation.

Key Provisions and Changes (Proposed)

  • Temporary Licenses:
    • Establish eligibility criteria for individuals to obtain a temporary real estate broker license.
    • Define the duration of the temporary license (e.g., limited to a defined period, such as a few months, with possible extensions if allowed by statute or regulatory authority).
    • Specify the scope of authority under the temporary license (which activities are allowed, such as listing, selling, or managing escrow, and what activities are restricted).
  • Incapacitation Determination:
    • Create procedures for determining incapacitation of a current real estate broker (may involve certification, medical documentation, or a determination by a licensing authority or court).
    • Outline the process for notifying clients and relevant stakeholders when a broker is incapacitated and a temporary license is issued.
  • Oversight and Compliance:
    • Establish compliance requirements for temporary licensees, including supervision requirements, continuing education, and record-keeping.
    • Impose reporting requirements to the Vermont real estate licensing authority or the appropriate government body.
    • Specify conditions under which a temporary license can be revoked or suspended, including misconduct or failure to meet ongoing requirements.
  • Protections and Responsibilities:
    • Protect clients and third parties by outlining duties of temporary licensees (e.g., duty of care, fiduciary responsibilities, disclosure requirements).
    • Clarify that temporary licensees must work under the supervision or direction of a licensed broker or the appropriate supervising entity.
  • Duration and Renewal:
    • Define renewal processes if the incapacitation period extends beyond the initial temporary license term.
    • Limit the number of successive renewals or total duration of temporary licensing to prevent prolonged gaps in licensure.
  • Administrative Details:
    • Amend or add statutory provisions related to the real estate licensing framework, including definitions and regulatory authority.
    • Align with existing Vermont statutes governing professional licenses, licensure discipline, and consumer protection.

Who Would Be Affected

  • Real estate brokers currently licensed in Vermont who may become incapacitated.
  • Individuals seeking to serve as temporary real estate brokers under the new pathway.
  • Real estate firms, brokerages, and supervising brokers who must oversee temporary licensees.
  • Vermont Department of Public Safety Business and Professional Licensing, or the state licensing authority, responsible for issuing and supervising licenses and temporary licenses.
  • Real estate clients and consumers who engage with temporary licensees during incapacitation periods.

Procedural and Timeline Considerations

  • Introduction and referral: The bill is referred to the Committee on Government Operations and Military Affairs after the first reading.
  • Pending committee review: The committee would evaluate the bill’s provisions, potentially hold hearings, and propose amendments.
  • Regulatory implementation: If enacted, the licensing authority would publish rules or guidance detailing eligibility, application processes, supervision requirements, and expiration/renewal procedures.
  • Effective date: The bill would specify an effective date or phased implementation; details would be determined during the legislative process and accompanying fiscal notes.

Potential Impacts

  • Customer protection: Ensures continuity of licensed real estate services while maintaining consumer safeguards.
  • Market stability: Prevents abrupt service gaps in real estate transactions caused by broker incapacitation.
  • Regulatory clarity: Establishes a clear framework for temporary licensure, supervision, and accountability.
  • Administrative burden: Requires the licensing authority to manage temporary licensure applications, oversight, and renewals.

If you’d like, I can tailor this summary to emphasize particular stakeholder perspectives (e.g., consumer protections vs. licensing authority workload) or compare to existing Vermont temporary licensure provisions in other professions.

Compiled from official sources — confirm details with the bill’s official record.

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