FACTS:                    

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. 

ISSUE:                      

May the agent practice real estate while incarcerated?

ANSWER:                

No. 

DISCUSSION:         

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.