Section 1450.220  Unprofessional Conduct

The Division may suspend, revoke, or take other disciplinary action based upon its finding that the licensee or applicant has engaged in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.  The following descriptions are illustrative of the types of conduct that would constitute "dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public."

a)         Failure to act in the best interests of a client.

b)         Deliberately misleading a client as to the market value of the property.

c)         Failing to advertise the property as obligated by the listing agreement.

d)         Deliberately misrepresenting to prospective purchasers or their agents the condition of the property or the availability of access to show the property.

e)         Purchasing or transferring of the property through an intermediary in order to conceal the purchase by the licensee.

f)          Inducing a seller to list the property through false representations.

g)         Inducing a seller through false representations or false promises to transfer the property to the licensee.

h)         Taking unfair advantage of a client's or customer's age, disability, or lack of understanding of the English language.

i)          Engaging in conduct with the public or other real estate licensees in the practice of real estate in a manner that is abusive, harassing, or lewd.

j)          Representing oneself as a sponsoring broker or managing broker without providing the actual supervision and management of the real estate business.

k)         Failing to reasonably safeguard confidential information or improperly using confidential information.

l)          Obstructing an inspection, audit, investigation, examination, or a disciplinary proceeding.

m)        Any violation of Section 1450.175, Special Accounts, shall be deemed unprofessional conduct.

n)         Assisting or inducing a licensee to violate the Act or this Part.

(Source:  Amended at 30 Ill. Reg. 11075, effective June 8, 2006)