The agent was convicted of driving under the influence and was sentenced to six months in jail. He has several active listings and a transaction in escrow. The agent intends, with the help of his assistant, to continue to practice real estate while incarcerated.
May the agent practice real estate while incarcerated?
In addition to the practical difficulties of communicating with clients and showing properties, practicing real estate while incarcerated is prohibited by statute. ARS § 32-2166(A) provides: “While incarcerated a person who is licensed pursuant to this chapter shall not perform acts that require a license under this chapter.” Therefore, the agent may not practice real estate while incarcerated.