Sen. James A. DeLeo
Filed: 4/26/2004
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4960
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4960 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Real Estate License Act of 2000 is amended | ||||||
5 | by changing Sections 1-10, 5-30, 5-50, 5-70, and 20-20 and by | ||||||
6 | adding Section 15-75 as follows:
| ||||||
7 | (225 ILCS 454/1-10)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
9 | Sec. 1-10. Definitions. In this Act, unless the context | ||||||
10 | otherwise requires:
| ||||||
11 | "Act" means the Real Estate License Act of 2000.
| ||||||
12 | "Advisory Council" means the Real Estate Education | ||||||
13 | Advisory Council created
under Section 30-10 of this Act.
| ||||||
14 | "Agency" means a relationship in which a real estate broker | ||||||
15 | or licensee,
whether directly or through an affiliated | ||||||
16 | licensee, represents a consumer by
the consumer's consent, | ||||||
17 | whether express or implied, in a real property
transaction.
| ||||||
18 | "Applicant" means any person, as defined in this Section, | ||||||
19 | who applies to
OBRE for a valid license as a real estate | ||||||
20 | broker, real estate salesperson, or
leasing agent.
| ||||||
21 | "Blind advertisement" means any real estate advertisement | ||||||
22 | that does not
include the sponsoring broker's business name and | ||||||
23 | that is used by any licensee
regarding the sale or lease of | ||||||
24 | real estate, including his or her own, licensed
activities, or |
| |||||||
| |||||||
1 | the hiring of any licensee under this Act. The broker's
| ||||||
2 | business name in the case of a franchise shall include the | ||||||
3 | franchise
affiliation as well as the name of the individual | ||||||
4 | firm.
| ||||||
5 | "Board" means the Real Estate Administration and | ||||||
6 | Disciplinary Board of OBRE.
| ||||||
7 | "Branch office" means a sponsoring broker's office other | ||||||
8 | than the sponsoring
broker's principal office.
| ||||||
9 | "Broker" means an individual, partnership, limited | ||||||
10 | liability company,
corporation, or registered limited | ||||||
11 | liability partnership other than a real
estate salesperson or | ||||||
12 | leasing agent who for another and for compensation, or
with the | ||||||
13 | intention or expectation of receiving compensation, either
| ||||||
14 | directly or indirectly:
| ||||||
15 | (1) Sells, exchanges, purchases, rents, or leases real | ||||||
16 | estate.
| ||||||
17 | (2) Offers to sell, exchange, purchase, rent, or lease | ||||||
18 | real estate.
| ||||||
19 | (3) Negotiates, offers, attempts, or agrees to | ||||||
20 | negotiate the sale,
exchange, purchase, rental, or leasing | ||||||
21 | of real estate.
| ||||||
22 | (4) Lists, offers, attempts, or agrees to list real | ||||||
23 | estate for sale,
lease, or exchange.
| ||||||
24 | (5) Buys, sells, offers to buy or sell, or otherwise | ||||||
25 | deals in options on
real estate or improvements thereon.
| ||||||
26 | (6) Supervises the collection, offer, attempt, or | ||||||
27 | agreement
to collect rent for the use of real estate.
| ||||||
28 | (7) Advertises or represents himself or herself as | ||||||
29 | being engaged in the
business of buying, selling, | ||||||
30 | exchanging, renting, or leasing real estate.
| ||||||
31 | (8) Assists or directs in procuring or referring of | ||||||
32 | prospects, intended to
result in the sale, exchange, lease, | ||||||
33 | or rental of real estate.
| ||||||
34 | (9) Assists or directs in the negotiation of any |
| |||||||
| |||||||
1 | transaction intended to
result in the sale, exchange, | ||||||
2 | lease, or rental of real estate.
| ||||||
3 | (10) Opens real estate to the public for marketing | ||||||
4 | purposes.
| ||||||
5 | (11) Sells, leases, or offers for sale or lease real | ||||||
6 | estate at
auction.
| ||||||
7 | "Brokerage agreement" means a written or oral agreement | ||||||
8 | between a sponsoring
broker and a consumer for licensed | ||||||
9 | activities to be provided to a consumer in
return for | ||||||
10 | compensation or the right to receive compensation from another.
| ||||||
11 | Brokerage agreements may constitute either a bilateral or a | ||||||
12 | unilateral
agreement between the broker and the broker's client | ||||||
13 | depending upon the content
of the brokerage agreement. All | ||||||
14 | exclusive brokerage agreements shall be in
writing.
| ||||||
15 | "Client" means a person who is being represented by a | ||||||
16 | licensee.
| ||||||
17 | "Commissioner" means the Commissioner of Banks and Real | ||||||
18 | Estate or a person
authorized by the Commissioner, the Office | ||||||
19 | of Banks and Real Estate Act, or
this Act to act in the | ||||||
20 | Commissioner's stead.
| ||||||
21 | "Compensation" means the valuable consideration given by | ||||||
22 | one person or entity
to another person or entity in exchange | ||||||
23 | for the performance of some activity or
service. Compensation | ||||||
24 | shall include the transfer of valuable consideration,
| ||||||
25 | including without limitation the following:
| ||||||
26 | (1) commissions;
| ||||||
27 | (2) referral fees;
| ||||||
28 | (3) bonuses;
| ||||||
29 | (4) prizes;
| ||||||
30 | (5) merchandise;
| ||||||
31 | (6) finder fees;
| ||||||
32 | (7) performance of services;
| ||||||
33 | (8) coupons or gift certificates;
| ||||||
34 | (9) discounts;
|
| |||||||
| |||||||
1 | (10) rebates;
| ||||||
2 | (11) a chance to win a raffle, drawing, lottery, or | ||||||
3 | similar game of chance
not prohibited by any other law or | ||||||
4 | statute;
| ||||||
5 | (12) retainer fee; or
| ||||||
6 | (13) salary.
| ||||||
7 | "Confidential information" means information obtained by a | ||||||
8 | licensee from a
client during the term of a brokerage agreement | ||||||
9 | that (i) was made confidential
by the written request or | ||||||
10 | written instruction of the client, (ii) deals with
the | ||||||
11 | negotiating position of the client, or (iii) is information the | ||||||
12 | disclosure
of which could materially harm the negotiating | ||||||
13 | position of the client, unless
at any time:
| ||||||
14 | (1) the client permits the disclosure of information | ||||||
15 | given by that client
by word or conduct;
| ||||||
16 | (2) the disclosure is required by law; or
| ||||||
17 | (3) the information becomes public from a source other | ||||||
18 | than the licensee.
| ||||||
19 | "Confidential information" shall not be considered to | ||||||
20 | include material
information about the physical condition of | ||||||
21 | the property.
| ||||||
22 | "Consumer" means a person or entity seeking or receiving | ||||||
23 | licensed
activities.
| ||||||
24 | "Continuing education school" means any person licensed by | ||||||
25 | OBRE as a school
for continuing education in accordance with | ||||||
26 | Section 30-15 of this Act.
| ||||||
27 | "Credit hour" means 50 minutes of classroom instruction in | ||||||
28 | course work that
meets the requirements set forth in rules | ||||||
29 | adopted by OBRE.
| ||||||
30 | "Customer" means a consumer who is not being represented by | ||||||
31 | the licensee but
for whom the licensee is performing | ||||||
32 | ministerial acts.
| ||||||
33 | "Designated agency" means a contractual relationship | ||||||
34 | between a sponsoring
broker and a client under Section 15-50 of |
| |||||||
| |||||||
1 | this Act in which one or more
licensees associated with or | ||||||
2 | employed by the broker are designated as agent of
the client.
| ||||||
3 | "Designated agent" means a sponsored licensee named by a | ||||||
4 | sponsoring broker as
the legal agent of a client, as provided | ||||||
5 | for in Section 15-50 of this Act.
| ||||||
6 | "Director" means the Director of the Real Estate Division, | ||||||
7 | OBRE.
| ||||||
8 | "Dual agency" means an agency relationship in which a | ||||||
9 | licensee is
representing both buyer and seller or both landlord | ||||||
10 | and tenant in the same
transaction. When the agency | ||||||
11 | relationship is a designated agency, the
question of whether | ||||||
12 | there is a dual agency shall be determined by the agency
| ||||||
13 | relationships of the designated agent of the parties and not of | ||||||
14 | the sponsoring
broker.
| ||||||
15 | "Employee" or other derivative of the word "employee", when | ||||||
16 | used to refer to,
describe, or delineate the relationship | ||||||
17 | between a real estate broker and a real
estate salesperson, | ||||||
18 | another real estate broker, or a leasing agent, shall be
| ||||||
19 | construed to include an independent contractor relationship, | ||||||
20 | provided that a
written agreement exists that clearly | ||||||
21 | establishes and states the relationship.
All responsibilities | ||||||
22 | of a broker shall remain.
| ||||||
23 | "Escrow moneys" means all moneys, promissory notes or any | ||||||
24 | other type or
manner of legal tender or financial consideration | ||||||
25 | deposited with any person for
the benefit of the parties to the | ||||||
26 | transaction. A transaction exists once an
agreement has been | ||||||
27 | reached and an accepted real estate contract signed or lease
| ||||||
28 | agreed to by the parties. Escrow moneys includes without | ||||||
29 | limitation earnest
moneys and security deposits, except those | ||||||
30 | security deposits in which the
person holding the security | ||||||
31 | deposit is also the sole owner of the property
being leased and | ||||||
32 | for which the security deposit is being held.
| ||||||
33 | "Exclusive brokerage agreement" means a written brokerage | ||||||
34 | agreement that provides that the sponsoring broker has the sole |
| |||||||
| |||||||
1 | right, through one or more sponsored licensees, to act as the | ||||||
2 | exclusive designated agent or representative of the client and | ||||||
3 | that meets the requirements of Section 15-75 of this Act.
| ||||||
4 | "Inoperative" means a status of licensure where the | ||||||
5 | licensee holds a current
license under this Act, but the | ||||||
6 | licensee is prohibited from engaging in
licensed activities | ||||||
7 | because the licensee is unsponsored or the license of the
| ||||||
8 | sponsoring broker with whom the licensee is associated or by | ||||||
9 | whom he or she is
employed is currently expired, revoked, | ||||||
10 | suspended, or otherwise rendered
invalid under this Act.
| ||||||
11 | "Leasing Agent" means a person who is employed by a real | ||||||
12 | estate broker to
engage in licensed activities limited to | ||||||
13 | leasing residential real estate who
has obtained a license as | ||||||
14 | provided for in Section 5-5 of this Act.
| ||||||
15 | "License" means the document issued by OBRE certifying that | ||||||
16 | the person named
thereon has fulfilled all requirements | ||||||
17 | prerequisite to licensure under this
Act.
| ||||||
18 | "Licensed activities" means those activities listed in the | ||||||
19 | definition of
"broker" under this Section.
| ||||||
20 | "Licensee" means any person, as defined in this Section, | ||||||
21 | who holds a
valid unexpired license as a real estate broker, | ||||||
22 | real estate salesperson, or
leasing agent.
| ||||||
23 | "Listing presentation" means a communication between a | ||||||
24 | real estate broker or
salesperson and a consumer in which the | ||||||
25 | licensee is attempting to secure a
brokerage agreement with the | ||||||
26 | consumer to market the consumer's real estate for
sale or | ||||||
27 | lease.
| ||||||
28 | "Managing broker" means a broker who has supervisory | ||||||
29 | responsibilities for
licensees in one or, in the case of a | ||||||
30 | multi-office company, more than one
office and who has been | ||||||
31 | appointed as such by the sponsoring broker.
| ||||||
32 | "Medium of advertising" means any method of communication | ||||||
33 | intended to
influence the general public to use or purchase a | ||||||
34 | particular good or service or
real estate.
|
| |||||||
| |||||||
1 | "Ministerial acts" means those acts that a licensee may | ||||||
2 | perform for a
consumer that are informative or clerical in | ||||||
3 | nature and do not rise to the
level of active representation on | ||||||
4 | behalf of a consumer. Examples of these acts
include without | ||||||
5 | limitation (i) responding to phone inquiries by consumers as to
| ||||||
6 | the availability and pricing of brokerage services, (ii) | ||||||
7 | responding to phone
inquiries from a consumer concerning the | ||||||
8 | price or location of property, (iii)
attending an open house | ||||||
9 | and responding to questions about the property from a
consumer, | ||||||
10 | (iv) setting an appointment to view property, (v) responding to
| ||||||
11 | questions of consumers walking into a licensee's office | ||||||
12 | concerning brokerage
services offered or particular | ||||||
13 | properties, (vi) accompanying an appraiser,
inspector, | ||||||
14 | contractor, or similar third party on a visit to a property, | ||||||
15 | (vii)
describing a property or the property's condition in | ||||||
16 | response to a consumer's
inquiry, (viii) completing business or | ||||||
17 | factual information for a consumer on an
offer or contract to | ||||||
18 | purchase on behalf of a client, (ix) showing a client
through a | ||||||
19 | property being sold by an owner on his or her own behalf, or | ||||||
20 | (x)
referral to another broker or service provider.
| ||||||
21 | "OBRE" means the Office of Banks and Real Estate.
| ||||||
22 | "Office" means a real estate broker's place of business | ||||||
23 | where the general
public is invited to transact business and | ||||||
24 | where records may be maintained and
licenses displayed, whether | ||||||
25 | or not it is the broker's principal place of
business.
| ||||||
26 | "Person" means and includes individuals, entities, | ||||||
27 | corporations, limited
liability companies, registered limited | ||||||
28 | liability partnerships, and
partnerships, foreign or domestic, | ||||||
29 | except that when the context otherwise
requires, the term may | ||||||
30 | refer to a single individual or other described entity.
| ||||||
31 | "Personal assistant" means a licensed or unlicensed person | ||||||
32 | who has been hired
for the purpose of aiding or assisting a | ||||||
33 | sponsored licensee in the performance
of the sponsored | ||||||
34 | licensee's job.
|
| |||||||
| |||||||
1 | "Pocket card" means the card issued by OBRE to signify that | ||||||
2 | the person named
on the card is currently licensed under this | ||||||
3 | Act.
| ||||||
4 | "Pre-license school" means a school licensed by OBRE | ||||||
5 | offering courses in
subjects related to real estate | ||||||
6 | transactions, including the subjects upon
which an applicant is | ||||||
7 | examined in determining fitness to receive a license.
| ||||||
8 | "Pre-renewal period" means the period between the date of | ||||||
9 | issue of a
currently valid license and the license's expiration | ||||||
10 | date.
| ||||||
11 | "Real estate" means and includes leaseholds as well as any | ||||||
12 | other interest or
estate in land, whether corporeal, | ||||||
13 | incorporeal, freehold, or non-freehold,
including timeshare | ||||||
14 | interests, and whether the real estate is situated in this
| ||||||
15 | State or elsewhere.
| ||||||
16 | "Real Estate Administration and Disciplinary Board" or | ||||||
17 | "Board" means the
Real Estate Administration and Disciplinary | ||||||
18 | Board created by Section 25-10 of
this Act.
| ||||||
19 | "Salesperson" means any individual, other than a real | ||||||
20 | estate broker or
leasing agent, who is employed by a real | ||||||
21 | estate broker or is associated by
written agreement with a real | ||||||
22 | estate broker as an independent contractor and
participates in | ||||||
23 | any activity described in the definition of "broker" under this
| ||||||
24 | Section.
| ||||||
25 | "Sponsoring broker" means the broker who has issued a | ||||||
26 | sponsor card to a
licensed salesperson, another licensed | ||||||
27 | broker, or a leasing agent.
| ||||||
28 | "Sponsor card" means the temporary permit issued by the | ||||||
29 | sponsoring real
estate broker certifying that the real estate | ||||||
30 | broker, real estate salesperson,
or leasing agent named thereon | ||||||
31 | is employed by or associated by written
agreement with the | ||||||
32 | sponsoring real estate broker, as provided for in Section
5-40 | ||||||
33 | of this Act.
| ||||||
34 | (Source: P.A. 91-245, eff. 12-31-99; 91-585, eff. 1-1-00; |
| |||||||
| |||||||
1 | 91-603, eff.
1-1-00; 91-702, eff. 5-12-00; 92-217, eff. | ||||||
2 | 8-2-01.)
| ||||||
3 | (225 ILCS 454/5-30)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
5 | Sec. 5-30. Education requirements to obtain an original | ||||||
6 | broker or
salesperson
license.
| ||||||
7 | (a) All applicants for a broker's license, except | ||||||
8 | applicants who meet the
criteria set forth in
subsection (c) of | ||||||
9 | this Section shall (i) give satisfactory evidence of having
| ||||||
10 | completed at
least 120 classroom
hours, 45 of which shall be | ||||||
11 | those hours required to obtain a salesperson's
license plus 15 | ||||||
12 | hours in
brokerage administration courses, in real estate | ||||||
13 | courses approved by the
Advisory Council or (ii)
for applicants | ||||||
14 | who currently hold a valid real estate salesperson's license,
| ||||||
15 | give satisfactory evidence
of having completed at least 75 | ||||||
16 | hours in real estate courses, not including the
courses that | ||||||
17 | are
required to obtain a salesperson's license, approved by the | ||||||
18 | Advisory Council.
| ||||||
19 | (b) All applicants for a salesperson's license, except | ||||||
20 | applicants who meet
the criteria set forth in
subsection (c) of | ||||||
21 | this Section shall give satisfactory evidence that they have
| ||||||
22 | completed at least 45 hours of
instruction in real estate | ||||||
23 | courses approved by the Advisory Council.
| ||||||
24 | (c) The requirements specified in subsections (a) and (b) | ||||||
25 | of this Section do
not apply to applicants who :
(1) are | ||||||
26 | currently admitted to practice law by the Supreme Court of
| ||||||
27 | Illinois
and are
currently in active standing ; or
(2) show | ||||||
28 | evidence of receiving a baccalaureate degree including courses
| ||||||
29 | involving real
estate or related material from a college or | ||||||
30 | university approved by the
Advisory Council .
| ||||||
31 | (d) A minimum of 15 of the required hours of pre-license | ||||||
32 | education shall be
in the areas of
Article 15 of this Act, | ||||||
33 | disclosure and environmental issues, or any other
currently |
| |||||||
| |||||||
1 | topical areas that are
determined by the Advisory Council.
| ||||||
2 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
3 | (225 ILCS 454/5-50)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
5 | Sec. 5-50. Expiration date and renewal period of broker, | ||||||
6 | salesperson, or
leasing agent license; sponsoring broker;
| ||||||
7 | register of licensees; pocket card.
| ||||||
8 | (a) The expiration date and renewal period for each license | ||||||
9 | issued under
this Act shall be set by
rule. Except as otherwise | ||||||
10 | provided in Section 5-55 of this Act, the holder of
a
license | ||||||
11 | may renew
the license within 90 days preceding the expiration | ||||||
12 | date thereof by paying the
fees specified by
rule. Upon written | ||||||
13 | request from the sponsoring broker, OBRE shall prepare and
mail | ||||||
14 | to the
sponsoring broker a listing of licensees under this Act | ||||||
15 | who, according to the
records of OBRE, are
sponsored by that | ||||||
16 | broker. Every licensee associated with or employed by a
broker | ||||||
17 | whose license is
revoked, suspended, terminated, or expired | ||||||
18 | shall be considered as inoperative
until such time as the
| ||||||
19 | sponsoring broker's license is reinstated or renewed, or the | ||||||
20 | licensee changes
employment as set
forth in subsection (c) of | ||||||
21 | Section 5-40 of this Act.
| ||||||
22 | (b) OBRE shall establish and maintain a register of all | ||||||
23 | persons currently
licensed by the State
and shall issue and | ||||||
24 | prescribe a form of pocket card. Upon payment by a
licensee of | ||||||
25 | the appropriate
fee as prescribed by rule for engagement in the | ||||||
26 | activity for which the licensee
is qualified and holds
a | ||||||
27 | license for the current period, OBRE shall issue a pocket card | ||||||
28 | to the
licensee. The pocket card
shall be verification that the | ||||||
29 | required fee for the current period has been
paid and shall | ||||||
30 | indicate that
the person named thereon is licensed for the | ||||||
31 | current renewal period as a
broker, salesperson, or
leasing | ||||||
32 | agent as the case may be. The pocket card shall further | ||||||
33 | indicate that
the person named
thereon is authorized by OBRE to |
| |||||||
| |||||||
1 | engage in the licensed activity appropriate
for his or her | ||||||
2 | status
(broker, salesperson, or leasing agent). Each licensee | ||||||
3 | shall carry on his or
her person his or her
pocket card or, if | ||||||
4 | such pocket card has not yet been issued, a properly issued
| ||||||
5 | sponsor card when
engaging in any licensed activity and shall | ||||||
6 | display the same on demand.
| ||||||
7 | (c) Any person licensed as a broker shall be entitled at | ||||||
8 | any renewal date to change his or her license status from | ||||||
9 | broker to salesperson.
| ||||||
10 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
11 | (225 ILCS 454/5-70)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
13 | Sec. 5-70. Continuing education requirement; broker or | ||||||
14 | salesperson.
| ||||||
15 | (a) The requirements of this Section apply to all licensees | ||||||
16 | who have
had a license for less than 15 years as of January 1, | ||||||
17 | 1992 .
| ||||||
18 | (b) Except as otherwise
provided in this Section, each
| ||||||
19 | person who applies for renewal of his or her license as a real
| ||||||
20 | estate broker or real
estate salesperson must successfully | ||||||
21 | complete real estate continuing education
courses approved by
| ||||||
22 | the Advisory Council at the rate of 6 hours per year or its | ||||||
23 | equivalent. In addition, beginning with the pre-renewal period | ||||||
24 | for broker licensees that begins after the effective date of | ||||||
25 | this amendatory Act of the 93rd General Assembly, to renew a | ||||||
26 | real estate broker's license, the licensee must successfully | ||||||
27 | complete a 6-hour broker management continuing education | ||||||
28 | course approved by OBRE. Successful completion of the course | ||||||
29 | shall include achieving a passing score as provided by rule on | ||||||
30 | a test developed and administered in accordance with rules | ||||||
31 | adopted by the OBRE. Beginning on the first day of the | ||||||
32 | pre-renewal period for broker licensees that begins after the | ||||||
33 | effective date of this amendatory Act of the 93rd General |
| |||||||
| |||||||
1 | Assembly, the 6-hour broker management continuing education | ||||||
2 | course must be completed by all persons receiving their initial | ||||||
3 | broker's license within 180 days after the date of initial | ||||||
4 | licensure as a broker. No
license may be renewed
except upon | ||||||
5 | the successful completion of the required courses or their
| ||||||
6 | equivalent or upon a waiver
of those requirements for good | ||||||
7 | cause shown as determined by the Commissioner
with the
| ||||||
8 | recommendation of the Advisory Council.
The requirements of | ||||||
9 | this Article are applicable to all brokers and salespersons
| ||||||
10 | except those brokers
and salespersons who, during the | ||||||
11 | pre-renewal period:
| ||||||
12 | (1) serve in the armed services of the United States;
| ||||||
13 | (2) serve as an elected State or federal official;
| ||||||
14 | (3) serve as a full-time employee of OBRE; or
| ||||||
15 | (4) are admitted to practice law pursuant to Illinois | ||||||
16 | Supreme Court rule.
| ||||||
17 | (c) A person who is issued an initial license as a real | ||||||
18 | estate salesperson
less than one year prior
to the expiration | ||||||
19 | date of that license shall not be required to complete
| ||||||
20 | continuing education as a
condition of license renewal. A | ||||||
21 | person who is issued an initial license as a
real estate broker | ||||||
22 | less
than one year prior to the expiration date of that license | ||||||
23 | and who has not been
licensed as a real estate
salesperson | ||||||
24 | during the pre-renewal period shall not be required to complete
| ||||||
25 | continuing education as
a condition of license renewal. A
| ||||||
26 | person receiving an initial license as a real estate broker
| ||||||
27 | during the 90 days before the broker renewal date shall not be
| ||||||
28 | required to complete the broker management continuing
| ||||||
29 | education course provided for in subsection (b) of this
Section | ||||||
30 | as a condition of initial license renewal.
| ||||||
31 | (d) The continuing education requirement for salespersons | ||||||
32 | and brokers shall
consist of a core
curriculum and an elective | ||||||
33 | curriculum, to be established by the Advisory
Council. In | ||||||
34 | meeting the
continuing education requirements of this Act, at |
| |||||||
| |||||||
1 | least 3 hours per year or
their equivalent shall
be required to | ||||||
2 | be completed in the core curriculum.
In establishing the core | ||||||
3 | curriculum, the Advisory Council shall consider
subjects that | ||||||
4 | will
educate licensees on recent changes in applicable laws and | ||||||
5 | new laws and refresh
the licensee on areas
of the license law | ||||||
6 | and OBRE policy that the Advisory Council deems appropriate,
| ||||||
7 | and any other
areas that the Advisory Council deems timely and | ||||||
8 | applicable in order to prevent
violations of this Act
and to | ||||||
9 | protect the public.
In establishing the elective curriculum, | ||||||
10 | the Advisory Council shall consider
subjects that cover
the | ||||||
11 | various aspects of the practice of real estate that are covered | ||||||
12 | under the
scope of this Act.
However, the elective curriculum | ||||||
13 | shall not include any offerings referred to in
Section 5-85 of | ||||||
14 | this Act.
| ||||||
15 | (e) The subject areas of continuing education courses | ||||||
16 | approved by the
Advisory Council may
include without limitation | ||||||
17 | the following:
| ||||||
18 | (1) license law and escrow;
| ||||||
19 | (2) antitrust;
| ||||||
20 | (3) fair housing;
| ||||||
21 | (4) agency;
| ||||||
22 | (5) appraisal;
| ||||||
23 | (6) property management;
| ||||||
24 | (7) residential brokerage;
| ||||||
25 | (8) farm property management;
| ||||||
26 | (9) rights and duties of sellers, buyers, and brokers;
| ||||||
27 | (10) commercial brokerage and leasing; and
| ||||||
28 | (11) real estate financing.
| ||||||
29 | (f) In lieu of credit for those courses listed in | ||||||
30 | subsection (e) of this
Section, credit may be
earned for | ||||||
31 | serving as a licensed instructor in an approved course of | ||||||
32 | continuing
education. The
amount of credit earned for teaching | ||||||
33 | a course shall be the amount of continuing
education credit for
| ||||||
34 | which the course is approved for licensees taking the course.
|
| |||||||
| |||||||
1 | (g) Credit hours may be earned for self-study programs | ||||||
2 | approved by the
Advisory Council.
| ||||||
3 | (h) A broker or salesperson may earn credit for a specific | ||||||
4 | continuing
education course only
once during the prerenewal | ||||||
5 | period.
| ||||||
6 | (i) No more than 6 hours of continuing education credit may | ||||||
7 | be earned in one
calendar day.
| ||||||
8 | (j) To promote the offering of a uniform and consistent | ||||||
9 | course content, the OBRE may provide for the development of a | ||||||
10 | single broker management course to be offered by all continuing | ||||||
11 | education providers who choose to offer the broker management | ||||||
12 | continuing education course. The OBRE may contract for the | ||||||
13 | development of the 6-hour broker management continuing | ||||||
14 | education course with an outside vendor and, if the course is | ||||||
15 | developed in this manner, the OBRE shall license the use of | ||||||
16 | that course to all approved continuing education providers who | ||||||
17 | wish to provide the course.
| ||||||
18 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
19 | (225 ILCS 454/15-75 new) | ||||||
20 | (Section scheduled to be repealed on January 1, 2010) | ||||||
21 | Sec. 15-75. Exclusive brokerage agreements. All exclusive
| ||||||
22 | brokerage agreements must specify that the sponsoring broker, | ||||||
23 | through one or more sponsored licensees, must provide, at a | ||||||
24 | minimum, the following services: | ||||||
25 | (1) accept delivery of and present to the client offers | ||||||
26 | and counteroffers to buy, sell, or lease the client's
| ||||||
27 | property or the property the client seeks to purchase or | ||||||
28 | lease; | ||||||
29 | (2) assist the client in developing, communicating, | ||||||
30 | negotiating, and presenting offers, counteroffers, and
| ||||||
31 | notices that relate to the offers and counteroffers until a | ||||||
32 | lease or purchase agreement is signed and all contingencies
| ||||||
33 | are satisfied or waived; and |
| |||||||
| |||||||
1 | (3) answer the client's questions relating to the | ||||||
2 | offers, counteroffers, notices, and contingencies.
| ||||||
3 | (225 ILCS 454/20-20)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
5 | Sec. 20-20. Disciplinary actions; causes. OBRE may refuse | ||||||
6 | to issue or renew a license, may place on probation, suspend,
| ||||||
7 | or
revoke any
license, or may censure, reprimand, or otherwise | ||||||
8 | discipline or impose a civil
fine not to exceed
$25,000 upon | ||||||
9 | any licensee hereunder for any one or any combination of the
| ||||||
10 | following causes:
| ||||||
11 | (a) When the applicant or licensee has, by false or | ||||||
12 | fraudulent
representation,
obtained or sought to obtain a | ||||||
13 | license.
| ||||||
14 | (b) When the applicant or licensee has been convicted of | ||||||
15 | any crime, an
essential element of which is dishonesty or fraud | ||||||
16 | or larceny, embezzlement,
or obtaining money, property, or | ||||||
17 | credit by false pretenses or by means of a
confidence
game, has | ||||||
18 | been convicted in this or another state of a crime that is a | ||||||
19 | felony
under
the laws of this State, or has been convicted of a | ||||||
20 | felony in a federal court.
| ||||||
21 | (c) When the applicant or licensee has been adjudged to be | ||||||
22 | a person under
legal
disability or subject to involuntary | ||||||
23 | admission or to meet the standard for
judicial
admission as | ||||||
24 | provided in the Mental Health and Developmental Disabilities | ||||||
25 | Code.
| ||||||
26 | (d) When the licensee performs or attempts to perform any | ||||||
27 | act as a broker
or
salesperson in a retail sales establishment | ||||||
28 | from an office, desk, or space that
is not
separated from the | ||||||
29 | main retail business by a separate and distinct area within
the
| ||||||
30 | establishment.
| ||||||
31 | (e) Discipline of a licensee by another state, the District | ||||||
32 | of Columbia,
a territory,
a foreign nation, a governmental | ||||||
33 | agency, or any other entity authorized to
impose
discipline if |
| |||||||
| |||||||
1 | at least one of the grounds for that discipline is the same as | ||||||
2 | or
the
equivalent of one of the grounds for discipline set | ||||||
3 | forth in this Act, in which
case the
only issue will be whether | ||||||
4 | one of the grounds for that discipline is the same
or
| ||||||
5 | equivalent to one of the grounds for discipline under this Act.
| ||||||
6 | (f) When the applicant or licensee has engaged in real | ||||||
7 | estate activity
without a
license or after the licensee's | ||||||
8 | license was expired or while the license was
inoperative.
| ||||||
9 | (g) When the applicant or licensee attempts to subvert or | ||||||
10 | cheat on the Real
Estate License Exam or continuing education | ||||||
11 | exam or aids and abets an applicant
to
subvert or cheat on the | ||||||
12 | Real Estate License Exam or continuing education exam
| ||||||
13 | administered pursuant to this Act.
| ||||||
14 | (h) When the licensee in performing, attempting to perform, | ||||||
15 | or pretending to
perform any act as a broker, salesperson, or | ||||||
16 | leasing agent or when the
licensee in
handling his or her own | ||||||
17 | property, whether held by deed, option, or otherwise,
is
found
| ||||||
18 | guilty of:
| ||||||
19 | (1) Making any substantial misrepresentation or | ||||||
20 | untruthful advertising.
| ||||||
21 | (2) Making any false promises of a character likely to | ||||||
22 | influence,
persuade,
or induce.
| ||||||
23 | (3) Pursuing a continued and flagrant course of | ||||||
24 | misrepresentation or the
making
of false promises through | ||||||
25 | licensees, employees, agents, advertising, or
otherwise.
| ||||||
26 | (4) Any misleading or untruthful advertising, or using | ||||||
27 | any trade name or
insignia of membership in any real estate | ||||||
28 | organization of which the licensee is
not a member.
| ||||||
29 | (5) Acting for more than one party in a transaction | ||||||
30 | without providing
written
notice to all parties for whom | ||||||
31 | the licensee acts.
| ||||||
32 | (6) Representing or attempting to represent a broker | ||||||
33 | other than the
sponsoring broker.
| ||||||
34 | (7) Failure to account for or to remit any moneys or |
| |||||||
| |||||||
1 | documents coming into
his or her possession that belong to | ||||||
2 | others.
| ||||||
3 | (8) Failure to maintain and deposit in a special | ||||||
4 | account, separate and
apart from
personal and other | ||||||
5 | business accounts, all escrow moneys belonging to others
| ||||||
6 | entrusted to a licensee
while acting as a real estate | ||||||
7 | broker, escrow agent, or temporary custodian of
the funds | ||||||
8 | of others or
failure to maintain all escrow moneys on | ||||||
9 | deposit in the account until the
transactions are
| ||||||
10 | consummated or terminated, except to the extent that the | ||||||
11 | moneys, or any part
thereof, shall be
disbursed prior to | ||||||
12 | the consummation or termination in accordance with (i) the
| ||||||
13 | written direction of
the principals to the transaction or | ||||||
14 | their duly authorized agents, (ii)
directions providing | ||||||
15 | for the
release, payment, or distribution of escrow moneys | ||||||
16 | contained in any written
contract signed by the
principals | ||||||
17 | to the transaction or their duly authorized agents,
or | ||||||
18 | (iii)
pursuant to an order of a court of competent
| ||||||
19 | jurisdiction.
The account
shall be noninterest
bearing, | ||||||
20 | unless the character of the deposit is such that payment of | ||||||
21 | interest
thereon is otherwise
required by law or unless the | ||||||
22 | principals to the transaction specifically
require, in | ||||||
23 | writing, that the
deposit be placed in an interest bearing | ||||||
24 | account.
| ||||||
25 | (9) Failure to make available to the real estate | ||||||
26 | enforcement personnel of
OBRE
during normal business hours | ||||||
27 | all escrow records and related documents
maintained in | ||||||
28 | connection
with the practice of real estate within 24 hours | ||||||
29 | of a request for those
documents by OBRE personnel.
| ||||||
30 | (10) Failing to furnish copies upon request of all | ||||||
31 | documents relating to a
real
estate transaction to all | ||||||
32 | parties executing them.
| ||||||
33 | (11) Failure of a sponsoring broker to timely provide | ||||||
34 | information, sponsor
cards,
or termination of licenses to |
| |||||||
| |||||||
1 | OBRE.
| ||||||
2 | (12) Engaging in dishonorable, unethical, or | ||||||
3 | unprofessional conduct of a
character
likely to deceive, | ||||||
4 | defraud, or harm the public.
| ||||||
5 | (13) Commingling the money or property of others with | ||||||
6 | his or her own.
| ||||||
7 | (14) Employing any person on a purely temporary or | ||||||
8 | single deal basis as a
means
of evading the law regarding | ||||||
9 | payment of commission to nonlicensees on some
contemplated
| ||||||
10 | transactions.
| ||||||
11 | (15) Permitting the use of his or her license as a | ||||||
12 | broker to enable a
salesperson or
unlicensed person to | ||||||
13 | operate a real estate business without actual
| ||||||
14 | participation therein and control
thereof by the broker.
| ||||||
15 | (16) Any other conduct, whether of the same or a | ||||||
16 | different character from
that
specified in this Section, | ||||||
17 | that constitutes dishonest dealing.
| ||||||
18 | (17) Displaying a "for rent" or "for sale" sign on any | ||||||
19 | property without
the written
consent of an owner or his or | ||||||
20 | her duly authorized agent or advertising by any
means that | ||||||
21 | any property is
for sale or for rent without the written | ||||||
22 | consent of the owner or his or her
authorized agent.
| ||||||
23 | (18) Failing to provide information requested by OBRE, | ||||||
24 | within 30 days of
the
request, either as the result of a | ||||||
25 | formal or informal complaint to OBRE or as a
result of a | ||||||
26 | random
audit conducted by OBRE, which would indicate a | ||||||
27 | violation of this Act.
| ||||||
28 | (19) Advertising by means of a blind advertisement, | ||||||
29 | except as otherwise
permitted in Section 10-30 of this Act.
| ||||||
30 | (20) Offering guaranteed sales plans, as defined in | ||||||
31 | clause (A) of
this subdivision (20), except to
the extent | ||||||
32 | hereinafter set forth:
| ||||||
33 | (A) A "guaranteed sales plan" is any real estate | ||||||
34 | purchase or sales plan
whereby a licensee enters into a |
| |||||||
| |||||||
1 | conditional or unconditional written contract
with a | ||||||
2 | seller by the
terms of which a licensee agrees to | ||||||
3 | purchase a property of the seller within a
specified | ||||||
4 | period of time
at a specific price in the event the | ||||||
5 | property is not sold in accordance with
the terms of a | ||||||
6 | listing
contract between the sponsoring broker and the | ||||||
7 | seller or on other terms
acceptable to the
seller.
| ||||||
8 | (B) A licensee offering a guaranteed sales plan | ||||||
9 | shall provide the
details
and conditions of the plan in | ||||||
10 | writing to the party to whom the plan is
offered.
| ||||||
11 | (C) A licensee offering a guaranteed sales plan | ||||||
12 | shall provide to the
party
to whom the plan is offered | ||||||
13 | evidence of sufficient financial resources to
satisfy | ||||||
14 | the commitment to
purchase undertaken by the broker in | ||||||
15 | the plan.
| ||||||
16 | (D) Any licensee offering a guaranteed sales plan | ||||||
17 | shall undertake to
market the property of the seller | ||||||
18 | subject to the plan in the same manner in
which the | ||||||
19 | broker would
market any other property, unless the | ||||||
20 | agreement with the seller provides
otherwise.
| ||||||
21 | (E) Any licensee who fails to perform on a | ||||||
22 | guaranteed sales plan in
strict accordance with its | ||||||
23 | terms shall be subject to all the penalties provided
in | ||||||
24 | this Act for
violations thereof and, in addition, shall | ||||||
25 | be subject to a civil fine payable
to the party injured | ||||||
26 | by the
default in an amount of up to $25,000.
| ||||||
27 | (21) Influencing or attempting to influence, by any | ||||||
28 | words or acts, a
prospective
seller, purchaser, occupant, | ||||||
29 | landlord, or tenant of real estate, in connection
with | ||||||
30 | viewing, buying, or
leasing real estate, so as to promote | ||||||
31 | or tend to promote the continuance
or maintenance of
| ||||||
32 | racially and religiously segregated housing or so as to | ||||||
33 | retard, obstruct, or
discourage racially
integrated | ||||||
34 | housing on or in any street, block, neighborhood, or |
| |||||||
| |||||||
1 | community.
| ||||||
2 | (22) Engaging in any act that constitutes a violation | ||||||
3 | of any provision of
Article 3 of the Illinois Human Rights | ||||||
4 | Act, whether or not a complaint has
been filed with or
| ||||||
5 | adjudicated by the Human Rights Commission.
| ||||||
6 | (23) Inducing any party to a contract of sale or lease | ||||||
7 | or brokerage
agreement to
break the contract of sale or | ||||||
8 | lease or brokerage agreement for the purpose of
| ||||||
9 | substituting, in lieu
thereof, a new contract for sale or | ||||||
10 | lease or brokerage agreement with a third
party.
| ||||||
11 | (24) Negotiating a sale, exchange, or lease of real | ||||||
12 | estate directly with
any person
if the licensee knows that | ||||||
13 | the person has a written exclusive brokerage
agreement with | ||||||
14 | another
broker, unless specifically authorized by that | ||||||
15 | broker.
| ||||||
16 | (25) When a licensee is also an attorney, acting as the | ||||||
17 | attorney for
either the
buyer or the seller in the same | ||||||
18 | transaction in which the licensee is acting or
has acted as | ||||||
19 | a broker
or salesperson.
| ||||||
20 | (26) Advertising or offering merchandise or services | ||||||
21 | as free if any
conditions or
obligations necessary for | ||||||
22 | receiving the merchandise or services are not
disclosed in | ||||||
23 | the same
advertisement or offer. These conditions or | ||||||
24 | obligations include without
limitation the
requirement | ||||||
25 | that the recipient attend a promotional activity or visit a | ||||||
26 | real
estate site. As used in this
subdivision (26), "free" | ||||||
27 | includes terms such as "award", "prize", "no charge",
"free | ||||||
28 | of charge",
"without charge", and similar words or phrases | ||||||
29 | that reasonably lead a person to
believe that he or she
may | ||||||
30 | receive or has been selected to receive something of value, | ||||||
31 | without any
conditions or
obligations on the part of the | ||||||
32 | recipient.
| ||||||
33 | (27) Disregarding or violating any provision of the | ||||||
34 | Land Sales
Registration Act of 1989, the Illinois Real |
| |||||||
| |||||||
1 | Estate
Time-Share Act, or the published rules promulgated | ||||||
2 | by OBRE to enforce
those Acts.
| ||||||
3 | (28) Violating the terms of a disciplinary order
issued | ||||||
4 | by OBRE.
| ||||||
5 | (29) Paying compensation in violation of Article 10 of | ||||||
6 | this Act.
| ||||||
7 | (30) Requiring a party to a transaction who is not a | ||||||
8 | client of the
licensee
to allow the licensee to retain a | ||||||
9 | portion of the escrow moneys for payment of
the licensee's | ||||||
10 | commission or expenses as a condition for release of the | ||||||
11 | escrow
moneys to that party.
| ||||||
12 | (31) Disregarding or violating any provision of this | ||||||
13 | Act or the published
rules
promulgated by OBRE to enforce | ||||||
14 | this Act or aiding or abetting any individual,
partnership, | ||||||
15 | registered limited liability partnership, limited | ||||||
16 | liability
company, or corporation in
disregarding any | ||||||
17 | provision of this Act or the published rules promulgated by
| ||||||
18 | OBRE
to enforce this Act.
| ||||||
19 | (32) Failing to provide the minimum services required | ||||||
20 | by Section 15-75 of this Act when acting under an exclusive | ||||||
21 | brokerage agreement.
| ||||||
22 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
|