Illinois General Assembly - Illinois Compiled Statutes

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225 ILCS 454/1-10

    (225 ILCS 454/1-10)
    (Text of Section before amendment by P.A. 103-1039)
    (Section scheduled to be repealed on January 1, 2030)
    Sec. 1-10. Definitions. In this Act, unless the context otherwise requires:
    "Act" means the Real Estate License Act of 2000.

"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department.

"Agency" means a relationship in which a broker or licensee,
whether directly or through an affiliated licensee, represents a consumer by
the consumer's consent, whether express or implied, in a real property
transaction.

"Applicant" means any person, as defined in this Section, who applies to
the Department for a valid license as a managing broker, broker, or
residential leasing agent.

"Blind advertisement" means any real estate advertisement that is used by a licensee regarding the sale or lease of real estate, licensed activities, or the hiring of any licensee under this Act that does not
include the sponsoring broker's complete business name or, in the case of electronic advertisements, does not provide a direct link to a display with all the required disclosures.  The broker's
business name in the case of a franchise shall include the franchise
affiliation as well as the name of the individual firm.

"Board" means the Real Estate Administration and Disciplinary Board of the Department as created by Section 25-10 of this Act.

"Broker" means an individual, entity, corporation, foreign or domestic partnership, limited liability company,
 registered limited liability partnership, or other business entity other than a residential leasing agent who, whether in person or through any media or technology, for another and for compensation, or
with the intention or expectation of receiving compensation, either
directly or indirectly:

(1) Sells, exchanges, purchases, rents, or leases

real estate.

(2) Offers to sell, exchange, purchase, rent, or

lease real estate.

(3) Negotiates, offers, attempts, or agrees to

negotiate the sale, exchange, purchase, rental, or leasing of real estate.

(4) Lists, offers, attempts, or agrees to list real

estate for sale, rent, lease, or exchange.

(5) Whether for another or themselves, engages in a

pattern of business of buying, selling, offering to buy or sell, marketing for sale, exchanging, or otherwise dealing in contracts, including assignable contracts for the purchase or sale of, or options on real estate or improvements thereon. For purposes of this definition, an individual or entity will be found to have engaged in a pattern of business if the individual or entity by itself or with any combination of other individuals or entities, whether as partners or common owners in another entity, has engaged in one or more of these practices on 2 or more occasions in any 12-month period.

(6) Supervises the collection, offer, attempt, or

agreement to collect rent for the use of real estate.

(7) Advertises or represents oneself as being engaged

in the business of buying, selling, exchanging, renting, or leasing real estate.

(8) Assists or directs in procuring or referring of

leads or prospects, intended to result in the sale, exchange, lease, or rental of real estate.

(9) Assists or directs in the negotiation of any

transaction intended to result in the sale, exchange, lease, or rental of real estate.

(10) Opens real estate to the public for marketing

purposes.

(11) Sells, rents, leases, or offers for sale or

lease real estate at auction.

(12) Prepares or provides a broker price opinion or

comparative market analysis as those terms are defined in this Act, pursuant to the provisions of Section 10-45 of this Act.

"Brokerage agreement" means a written or oral agreement between a sponsoring
broker and a consumer for licensed activities, or the performance of future licensed activities, to be provided to a consumer in
return for compensation or the right to receive compensation from another.
Brokerage agreements may constitute either a bilateral or a unilateral
agreement between the broker and the broker's client depending upon the content
of the brokerage agreement.  All exclusive brokerage agreements shall be in
writing.

"Broker price opinion" means an estimate or analysis of the probable selling price of a particular interest in real estate, which may provide a varying level of detail about the property's condition, market, and neighborhood and information on comparable sales. The activities of a real estate broker or managing broker engaging in the ordinary course of business as a broker, as defined in this Section, shall not be considered a broker price opinion if no compensation is paid to the broker or managing broker, other than compensation based upon the sale or rental of real estate. A broker price opinion shall not be considered an appraisal within the meaning of the Real Estate Appraiser Licensing Act of 2002, any amendment to that Act, or any successor Act.

"Client" means a person who is being represented by a licensee.

"Comparative market analysis" means an analysis or opinion regarding pricing, marketing, or financial aspects relating to a specified interest or interests in real estate that may be based upon an analysis of comparative market data, the expertise of the real estate broker or managing broker, and such other factors as the broker or managing broker may deem appropriate in developing or preparing such analysis or opinion. The activities of a real estate broker or managing broker engaging in the ordinary course of business as a broker, as defined in this Section, shall not be considered a comparative market analysis if no compensation is paid to the broker or managing broker, other than compensation based upon the sale or rental of real estate. A comparative market analysis shall not be considered an appraisal within the meaning of the Real Estate Appraiser Licensing Act of 2002, any amendment to that Act, or any successor Act.

"Compensation" means the valuable consideration given by one person or entity
to another person or entity in exchange for the performance of some activity or
service.  Compensation shall include the transfer of valuable consideration,
including without limitation the following:

        (1) commissions;
        (2) referral fees;
        (3) bonuses;
        (4) prizes;
        (5) merchandise;
        (6) finder fees;
        (7) performance of services;
        (8) coupons or gift certificates;
        (9) discounts;
        (10) rebates;
        (11) a chance to win a raffle, drawing, lottery, or

similar game of chance not prohibited by any other law or statute;

        (12) retainer fee; or
        (13) salary.

"Confidential information" means information obtained by a licensee from a
client during the term of a brokerage agreement that (i) was made confidential
by the written request or written instruction of the client, (ii) deals with
the negotiating position of the client, or (iii) is information the disclosure
of which could materially harm the negotiating position of the client, unless
at any time:

(1) the client permits the disclosure of information

given by that client by word or conduct;

(2) the disclosure is required by law; or
(3) the information becomes public from a source

other than the licensee.

"Confidential information" shall not be considered to include material
information about the physical condition of the property.

"Consumer" means a person or entity seeking or receiving licensed
activities.

"Coordinator" means the Coordinator of Real Estate created in Section 25-15 of this Act.

"Credit hour" means 50 minutes of instruction in course work that
meets the requirements set forth in rules adopted by the Department.

    "Customer" means a consumer who is not being represented by the licensee.
    "Department" means the Department of Financial and Professional Regulation.

"Designated agency" means a contractual relationship between a sponsoring
broker and a client under Section 15-50 of this Act in which one or more
licensees associated with or employed by the broker are designated as agent of
the client.

"Designated agent" means a sponsored licensee named by a sponsoring broker as
the legal agent of a client, as provided for in Section 15-50 of this Act.

"Designated managing broker" means a managing broker who has supervisory responsibilities for licensees in one or, in the case of a multi-office company, more than one office and who has been appointed as such by the sponsoring broker registered with the Department.

"Director" means the Director of Real Estate within the Department of Financial and Professional Regulation.

"Dual agency" means an agency relationship in which a licensee is
representing both buyer and seller or both landlord and tenant in the same
transaction.  When the agency relationship is a designated agency, the
question of whether there is a dual agency shall be determined by the agency
relationships of the designated agent of the parties and not of the sponsoring
broker.

"Education provider" means a school licensed by the Department offering courses in pre-license, post-license, or continuing education required by this Act.

"Employee" or other derivative of the word "employee", when used to refer to,
describe, or delineate the relationship between a sponsoring broker and a managing broker, broker, or a residential leasing agent, shall be
construed to include an independent contractor relationship, provided that a
written agreement exists that clearly establishes and states the relationship.

"Escrow moneys" means all moneys, promissory notes, or any other type or
manner of legal tender or financial consideration deposited with any person for
the benefit of the parties to the transaction.  A transaction exists once an
agreement has been reached and an accepted real estate contract signed or lease
agreed to by the parties.  "Escrow moneys" includes, without limitation, earnest
moneys and security deposits, except those security deposits in which the
person holding the security deposit is also the sole owner of the property
being leased and for which the security deposit is being held.

"Electronic means of proctoring" means a methodology providing assurance that the person taking a test and completing the answers to questions is the person seeking licensure or credit for continuing education and is doing so without the aid of a third party or other device.

"Exclusive brokerage agreement" means a written brokerage agreement that provides that the sponsoring broker has the sole right, through one or more sponsored licensees, to act as the exclusive agent or representative of the client and that meets the requirements of Section 15-75 of this Act.

"Inactive" means a status of licensure where the licensee holds a current
license under this Act, but the licensee is prohibited from engaging in
licensed activities because the licensee is unsponsored or the license of the
sponsoring broker with whom the licensee is associated or by whom the licensee is
employed is currently expired, revoked, suspended, or otherwise rendered
invalid under this Act. The license of any business entity that is not in good standing with the Illinois Secretary of State, or is not authorized to conduct business in Illinois, shall immediately become inactive and that entity shall be prohibited from engaging in any licensed activities.

"Leads" means the name or names of a potential buyer, seller, lessor, lessee, or client of a licensee.

"License" means the privilege conferred by the Department to a person that has fulfilled all requirements prerequisite to any type of licensure under this
Act.

"Licensed activities" means those activities listed in the definition of
"broker" under this Section.

"Licensee" means any person licensed under this Act.

"Listing presentation" means any communication, written or oral and by any means or media, between a managing broker or
broker and a consumer in which the licensee is attempting to secure a
brokerage agreement with the consumer to market the consumer's real estate for
sale or lease.

"Managing broker" means a licensee who may be authorized to assume responsibilities as a designated managing broker for
licensees in one or, in the case of a multi-office company, more than one
office, upon appointment by the sponsoring broker and registration with the Department. A managing broker may act as one's own sponsor.

"Medium of advertising" means any method of communication intended to
influence the general public to use or purchase a particular good or service or
real estate, including, but not limited to, print, electronic, social media, and digital forums.

"Office" means a broker's place of business where the general
public is invited to transact business and where records may be maintained and
licenses readily available, whether or not it is the broker's principal place of
business.

"Person" means and includes individuals, entities, corporations, limited
liability companies, registered limited liability partnerships, foreign and domestic
partnerships, and other business entities, except that when the context otherwise
requires, the term may refer to a single individual or other described entity.

"Proctor" means any person, including, but not limited to, an instructor, who has a written agreement to administer examinations fairly and impartially with a licensed education provider.

"Real estate" means and includes leaseholds as well as any other interest or
estate in land, whether corporeal, incorporeal, freehold, or non-freehold and whether the real estate is situated in this
State or elsewhere. "Real estate" does not include property sold, exchanged, or leased as a timeshare or similar vacation item or interest, vacation club membership, or other activity formerly regulated under the Real Estate Timeshare Act of 1999 (repealed).

"Regular employee" means a person working an average of 20 hours per week for a person or entity who would be considered as an employee under the Internal Revenue Service rules for classifying workers.

"Renewal period" means the period beginning 90 days prior to the expiration date of a license.

"Residential leasing agent" means a person who is employed by a broker to
engage in licensed activities limited to leasing residential real estate who
has obtained a license as provided for in Section 5-5 of this Act.

"Secretary" means the Secretary of the Department of Financial and Professional Regulation, or a person authorized by the Secretary to act in the Secretary's stead.

"Sponsoring broker" means the broker who certifies to the Department the broker's sponsorship of a
licensed managing broker, broker, or a residential leasing agent.

"Sponsorship" means that a sponsoring broker has certified to the Department that a managing broker, broker,
or residential leasing agent is employed by or associated by written
agreement with the sponsoring broker and the Department has registered the sponsorship, as provided for in Section
5-40 of this Act.

"Team" means any 2 or more licensees who work together to provide real estate brokerage services, represent themselves to the public as being part of a team or group, are identified by a team name that is different than their sponsoring broker's name, and together are supervised by the same managing broker and sponsored by the same sponsoring broker. "Team" does not mean a separately organized, incorporated, or legal entity.

(Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)

    (Text of Section after amendment by P.A. 103-1039)
    (Section scheduled to be repealed on January 1, 2030)
    Sec. 1-10. Definitions. In this Act, unless the context otherwise requires:
    "Act" means the Real Estate License Act of 2000.

"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department.

"Agency" means a relationship in which a broker or licensee, whether directly or through an affiliated licensee, represents a consumer by the consumer's consent, whether express or implied, in a real property transaction.

"Applicant" means any person, as defined in this Section, who applies to the Department for a valid license as a managing broker, broker, or residential leasing agent.

"Blind advertisement" means any real estate advertisement that is used by a licensee regarding the sale or lease of real estate, licensed activities, or the hiring of any licensee under this Act that does not include the sponsoring broker's complete business name or, in the case of electronic advertisements, does not provide a direct link to a display with all the required disclosures. The broker's business name in the case of a franchise shall include the franchise affiliation as well as the name of the individual firm.

"Board" means the Real Estate Administration and Disciplinary Board of the Department as created by Section 25-10 of this Act.

"Broker" means an individual, entity, corporation, foreign or domestic partnership, limited liability company, registered limited liability partnership, or other business entity other than a residential leasing agent who, whether in person or through any media or technology, for another and for compensation, or with the intention or expectation of receiving compensation, either directly or indirectly: