Bill > HB0395

This bill enacts the Utah Real Estate Cybercrime Prevention Act, establishing new regulations for electronic communications in real estate transactions to enhance security and prevent cybercrime. It introduces a "Real Estate Communication Commission" to oversee a secure platform, known as a "real estate transaction communication network," which will be administered by a "real estate transaction communication utility." This utility will be authorized by the commission and will provide a secure system for "covered communications," which are electronic messages related to real estate transactions sent by various professionals including appraisers, escrow agents, mortgage brokers, real estate agents, and title insurance producers. These professionals, referred to as "covered individuals," will generally be required to use this secure network for their communications, with some exceptions for internal communications within the same employer. The bill also outlines the powers and duties of the commission, including approving the utility, setting fee schedules, and approving rules for network usage and conduct. Furthermore, it details the process for obtaining and renewing a certificate of authority for the utility, including criminal background checks and conflict of interest assessments, and defines "unprofessional conduct" for covered individuals who violate these new regulations. The bill also makes amendments to existing laws concerning the duties of the commissioner and the Title and Escrow Commission, and prohibited conduct in residential mortgage loan transactions, with most provisions taking effect on May 6, 2026, and some sections becoming effective on January 1, 2028.

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https://le.utah.gov/~2026/bills/static/HB0395.html