S.C. Code Regs. § § 79-19

Current through Register Vol. 48, No. 10, October 25, 2024

Section 79-19 - Salesperson

(A) A salesperson's license entitles its holder to be employed for remuneration or consideration by a retail dealer to engage in the sale of new and/or pre-owned manufactured homes through that retail dealer.

(B) Each salesperson must be licensed individually.

(C) No salesperson shall offer for sale or sell manufactured homes in the State until receipt of a license from the Department.

(D) When doing business in this state, each salesperson shall be able to present a license on request.

(E) Change of Employment.

(1) When a licensed salesperson is discharged or changes place of employment, the retail dealer shall notify the Department within ten (10) days, by letter reporting such termination and the reason for termination and furnish a forwarding address if known, for the salesperson.

(a) The notice must specify the reason for the change in status, e.g., discharge.

(b) The communication by the retail dealer to the Department is privileged and subject to the provisions of S.C. Code Ann. Sec. 40-1-190 (Supp. 1996).

(2) The salesperson must notify the Department within twenty (20) days when no longer employed with the retail dealer identified on the license record and must complete an application, state the reason for termination and provide proof of surety bond or other approved security coverage at new location if the salesperson is to be employed with another licensed retail dealer.

(F) A salesperson shall not be employed by or conduct transactions for more than one retail dealer at the same time, except if the salesperson is licensed as a multi-lot salesperson as described in 79-20.

(G) All transactions handled by or involving a salesperson must be reviewed and supervised by the licensed employing retail dealer. That retail dealer must review all documents prepared by the salesperson in a transaction.

(H) Apprentice Salesperson.

(1) An apprentice salesperson's license entitles its holder to sell manufactured homes under the direct supervision of a licensed retail dealer for a period not to exceed one hundred and twenty (120) days from date of issuance.

(2) An apprentice salesperson's license is not renewable and at the date of expiration the apprentice salesperson must meet the requirements for licensure as a salesperson or multi-lot salesperson.

(3) An individual that has previously held a dealer's, salesperson's, or multi-lot salesperson's license is not eligible for the apprentice salesperson's license.

(4) The dealer shall notify the department at the end of the one hundred and twenty (120) day period that the apprentice salesperson has obtained the required license or is no longer employed by the dealership.

S.C. Code Regs. § 79-19

Added by State Register Volume 29, Issue No. 2, eff February 25, 2005. Amended by State Register Volume 34, Issue No. 6, eff June 25, 2010.