Rep. Kevin A. McCarthy
Filed: 5/31/2009
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1 | AMENDMENT TO SENATE BILL 268
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2 | AMENDMENT NO. ______. Amend Senate Bill 268, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Regulatory Sunset Act is amended by | ||||||
6 | changing Section 4.20 and by adding Section 4.30 as follows:
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7 | (5 ILCS 80/4.20)
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8 | Sec. 4.20. Acts repealed on January 1, 2010 and December | ||||||
9 | 31, 2010.
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10 | (a) The following Acts are repealed on January 1, 2010:
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11 | The Auction License Act.
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12 | The Illinois Architecture Practice Act of 1989.
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13 | The Illinois Landscape Architecture Act of 1989.
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14 | The Illinois Professional Land Surveyor Act of 1989.
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15 | The Land Sales Registration Act of 1999.
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16 | The Orthotics, Prosthetics, and Pedorthics Practice |
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1 | Act.
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2 | The Perfusionist Practice Act.
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3 | The Professional Engineering Practice Act of 1989.
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4 | The Real Estate License Act of 2000.
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5 | The Structural Engineering Practice Act of 1989.
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6 | (b) The following Act is repealed on December 31, 2010: | ||||||
7 | The Medical Practice Act of 1987. | ||||||
8 | (Source: P.A. 95-1018, eff. 12-18-08.)
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9 | (5 ILCS 80/4.30 new) | ||||||
10 | Sec. 4.30. Act repealed on January 1, 2020. The following | ||||||
11 | Act is repealed on January 1, 2020: | ||||||
12 | The Real Estate License Act of 2000. | ||||||
13 | Section 10. The Illinois Municipal Code is amended by | ||||||
14 | changing Sections 11-20-7, 11-20-8, 11-20-12, and 11-20-13 and | ||||||
15 | by adding Sections 11-20-15, 11-20-15.1, and 11-31-1.01 as | ||||||
16 | follows:
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17 | (65 ILCS 5/11-20-7) (from Ch. 24, par. 11-20-7)
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18 | Sec. 11-20-7. Cutting and removal of neglected weeds, | ||||||
19 | grass, trees, and bushes. | ||||||
20 | (a) The corporate authorities of each municipality may | ||||||
21 | provide
for the removal of nuisance greenery from any parcel of | ||||||
22 | private property within cutting of weeds or grass, the trimming | ||||||
23 | of trees or bushes, and the removal of nuisance bushes or trees |
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1 | in the municipality if , when the owners of that parcel, after | ||||||
2 | reasonable notice, real
estate refuse or neglect to remove the | ||||||
3 | nuisance greenery. The municipality may cut, trim, or remove | ||||||
4 | them and to collect , from the owners of that parcel,
private | ||||||
5 | property the reasonable removal cost thereof . | ||||||
6 | (b) The municipality's removal cost under this Section is a | ||||||
7 | lien upon the underlying parcel in accordance with Section | ||||||
8 | 11-20-15. | ||||||
9 | (c) For the purpose of this Section: | ||||||
10 | "Removal of nuisance greenery" or "removal activities" | ||||||
11 | means the cutting of weeds or grass, the trimming of trees or | ||||||
12 | bushes, and the removal of nuisance bushes or trees. | ||||||
13 | "Removal cost" means the total cost of the removal | ||||||
14 | activity. | ||||||
15 | (d) In the case of an abandoned residential property as | ||||||
16 | defined in Section 11-20-15.1, the municipality may elect to | ||||||
17 | obtain a lien for the removal cost pursuant to Section | ||||||
18 | 11-20-15.1, in which case the provisions of Section 11-20-15.1 | ||||||
19 | shall be the exclusive remedy for the removal cost. | ||||||
20 | The provisions of this subsection (d), other than this | ||||||
21 | sentence, are inoperative upon certification by the Secretary | ||||||
22 | of the Illinois Department of Financial and Professional | ||||||
23 | Regulation, after consultation with the United States | ||||||
24 | Department of Housing and Urban Development, that the Mortgage | ||||||
25 | Electronic Registration System program is effectively | ||||||
26 | registering substantially all mortgaged residential properties |
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1 | located in the State of Illinois, is available for access by | ||||||
2 | all municipalities located in the State of Illinois without | ||||||
3 | charge to them, and such registration includes the telephone | ||||||
4 | number for the mortgage servicer. | ||||||
5 | This cost is a lien upon the
real estate affected, superior | ||||||
6 | to all other liens and encumbrances, except
tax liens; provided | ||||||
7 | that within 60 days after such cost and expense is
incurred the | ||||||
8 | municipality, or person performing the service by authority of
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9 | the municipality, in his or its own name, files notice of lien | ||||||
10 | in the
office of the recorder in the county in which
such real | ||||||
11 | estate is
located or in the office of the Registrar of Titles | ||||||
12 | of such county if the
real estate affected is registered under | ||||||
13 | the Torrens system. The notice
shall consist of a sworn | ||||||
14 | statement setting out (1) a description of the
real estate | ||||||
15 | sufficient for identification thereof, (2) the amount of money
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16 | representing the cost and expense incurred or payable for the | ||||||
17 | service, and
(3) the date or dates when such cost and expense | ||||||
18 | was incurred by the
municipality. However, the lien of such | ||||||
19 | municipality shall not be valid as
to any purchaser whose | ||||||
20 | rights in and to such real estate have arisen
subsequent to the | ||||||
21 | cutting of weeds or grass, the trimming of trees or bushes, or | ||||||
22 | the removal of nuisance bushes or trees and prior to the filing | ||||||
23 | of such notice, and
the lien of such municipality shall not be | ||||||
24 | valid as to any mortgagee,
judgment creditor or other lienor | ||||||
25 | whose rights in and to such real estate
arise prior to the | ||||||
26 | filing of such notice. Upon payment of the cost and
expense by |
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1 | the owner of or persons interested in such property after | ||||||
2 | notice
of lien has been filed, the lien shall be released by | ||||||
3 | the municipality or
person in whose name the lien has been | ||||||
4 | filed and the release may be filed
of record as in the case of | ||||||
5 | filing notice of lien.
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6 | The cost of the cutting, trimming, or removal of weeds, | ||||||
7 | grass, trees, or bushes shall not be lien on the real estate
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8 | affected unless a notice is personally served on, or sent by | ||||||
9 | certified mail to,
the person to whom was sent the tax bill for | ||||||
10 | the general taxes on the property
for the last preceding year. | ||||||
11 | The notice shall be delivered or sent
after the cutting, | ||||||
12 | trimming, or removal of weeds, grass, trees, or bushes on the | ||||||
13 | property. The notice shall
state the substance of this Section | ||||||
14 | and the substance of any ordinance of the
municipality | ||||||
15 | implementing this Section and shall identify the property, by
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16 | common description, and the location of the weeds to be cut.
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17 | (Source: P.A. 95-183, eff. 8-14-07.)
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18 | (65 ILCS 5/11-20-8) (from Ch. 24, par. 11-20-8)
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19 | Sec. 11-20-8. Pest extermination; liens. | ||||||
20 | (a) The corporate authorities of
each municipality may | ||||||
21 | provide pest-control activities on any parcel of private | ||||||
22 | property
for the extermination of pests in the municipality if , | ||||||
23 | and charge to
and
collect from the owners of and persons | ||||||
24 | interested in private property the
reasonable cost and expense | ||||||
25 | of preventing ingress of pests to
their property
and of pest |
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1 | extermination therein, after reasonable notice, the owners of | ||||||
2 | that parcel refuse or neglect to prevent the ingress of pests | ||||||
3 | to their property or to exterminate pests on their property. | ||||||
4 | The municipality may collect, from the owners of the underlying | ||||||
5 | parcel, the reasonable removal cost notice to such owners or
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6 | persons as
provided by ordinance and failures of such owners or | ||||||
7 | persons to comply .
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8 | (b) The municipality's removal cost under this Section is a | ||||||
9 | lien upon the underlying parcel in accordance with Section | ||||||
10 | 11-20-15. This cost and expense is a lien upon the real estate | ||||||
11 | affected, superior to
all other existing liens and | ||||||
12 | encumbrances, except tax liens if within 60
days after such | ||||||
13 | cost and expense is incurred the municipality, or person
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14 | performing the service by authority of the municipality, in his | ||||||
15 | or its own
name, files notice of lien in the office of the | ||||||
16 | recorder in the
county in which the real estate is located or | ||||||
17 | in the office of the
Registrar of Titles of such county if the | ||||||
18 | real estate affected is
registered under "An Act concerning | ||||||
19 | land titles", approved May 1, 1897,
as amended. The notice | ||||||
20 | shall consist of a sworn
statement setting out (1) a | ||||||
21 | description of the real estate sufficient for
identification | ||||||
22 | thereof, (2) the amount of money representing the cost and
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23 | expense incurred or payable for the service, and (3) the date | ||||||
24 | or dates when
such cost and expense was incurred by the | ||||||
25 | municipality. However, the lien
of such municipality shall not | ||||||
26 | be valid as to any purchaser, mortgagee,
judgment creditor, or |
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1 | other lienor whose rights in and to the real estate
arise | ||||||
2 | subsequent to the pest extermination and prior to the filing
of
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3 | the
notice of such lien in the office of the recorder, or in | ||||||
4 | the
office of the Registrar of Titles, as aforesaid. Upon | ||||||
5 | payment of the cost
and expense by the owner of or persons | ||||||
6 | interested in the property after
notice of lien has been filed, | ||||||
7 | the lien shall be released by the
municipality or person in | ||||||
8 | whose name the lien has been filed and the
release may be filed | ||||||
9 | of record as in the case of filing notice of lien. The
lien may | ||||||
10 | be enforced by proceedings to foreclose as in case of mortgages | ||||||
11 | or
mechanics' liens. Actions to foreclose this lien shall be | ||||||
12 | commenced
within one
year after the date of filing notice of | ||||||
13 | lien.
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14 | (c) For the purpose of this Section: | ||||||
15 | "Pests" , as used in this Section 11-20-8, means undesirable | ||||||
16 | arthropods (including certain insects, spiders, mites, ticks, | ||||||
17 | and related organisms), wood infesting organisms, rats, mice, | ||||||
18 | and other obnoxious undesirable animals, but does not include a | ||||||
19 | feral cat, a "companion animal" as that term is defined in the | ||||||
20 | Humane Care for Animals Act (510 ILCS 70/), "animals" as that | ||||||
21 | term is defined in the Illinois Diseased Animals Act (510 ILCS | ||||||
22 | 50/), or animals protected by the Wildlife Code (520 ILCS 5/).
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23 | "Pest-control activity" means the extermination of pests | ||||||
24 | or the prevention of the ingress of pests. | ||||||
25 | "Removal cost" means the total cost of the pest-control | ||||||
26 | activity.
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1 | (d) In the case of an abandoned residential property as | ||||||
2 | defined in Section 11-20-15.1, the municipality may elect to | ||||||
3 | obtain a lien for the removal cost pursuant to Section | ||||||
4 | 11-20-15.1, in which case the provisions of Section 11-20-15.1 | ||||||
5 | shall be the exclusive remedy for the removal cost. | ||||||
6 | The provisions of this subsection (d), other than this | ||||||
7 | sentence, are inoperative upon certification by the Secretary | ||||||
8 | of the Illinois Department of Financial and Professional | ||||||
9 | Regulation, after consultation with the United States | ||||||
10 | Department of Housing and Urban Development, that the Mortgage | ||||||
11 | Electronic Registration System program is effectively | ||||||
12 | registering substantially all mortgaged residential properties | ||||||
13 | located in the State of Illinois, is available for access by | ||||||
14 | all municipalities located in the State of Illinois without | ||||||
15 | charge to them, and such registration includes the telephone | ||||||
16 | number for the mortgage servicer. | ||||||
17 | (Source: P.A. 94-572, eff. 8-12-05.)
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18 | (65 ILCS 5/11-20-12) (from Ch. 24, par. 11-20-12)
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19 | Sec. 11-20-12. Removal of infected trees. | ||||||
20 | (a) The corporate authorities of each municipality may | ||||||
21 | provide for the
removal of elm trees infected with Dutch elm | ||||||
22 | disease or ash trees infected with the emerald ash borer | ||||||
23 | (Agrilus planipennis Fairmaire) from any parcel of private | ||||||
24 | property within the municipality if the owners of that parcel, | ||||||
25 | after reasonable notice, refuse or neglect to remove the |
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1 | infected trees. The municipality may collect, from the owners | ||||||
2 | of the parcel, not
owned by the municipality or dedicated for | ||||||
3 | public use when the owner of
such property refuses or neglects | ||||||
4 | to remove any such tree, and to collect
from the property owner | ||||||
5 | the reasonable removal cost thereof . | ||||||
6 | (b) The municipality's removal cost under this Section is a | ||||||
7 | lien upon the underlying parcel in accordance with Section | ||||||
8 | 11-20-15. | ||||||
9 | (c) For the purpose of this Section, "removal cost" means | ||||||
10 | the total cost of the removal of the infected trees. | ||||||
11 | (d) In the case of an abandoned residential property as | ||||||
12 | defined in Section 11-20-15.1, the municipality may elect to | ||||||
13 | obtain a lien for the removal cost pursuant to Section | ||||||
14 | 11-20-15.1, in which case the provisions of Section 11-20-15.1 | ||||||
15 | shall be the exclusive remedy for the removal cost. | ||||||
16 | The provisions of this subsection (d), other than this | ||||||
17 | sentence, are inoperative upon certification by the Secretary | ||||||
18 | of the Illinois Department of Financial and Professional | ||||||
19 | Regulation, after consultation with the United States | ||||||
20 | Department of Housing and Urban Development, that the Mortgage | ||||||
21 | Electronic Registration System program is effectively | ||||||
22 | registering substantially all mortgaged residential properties | ||||||
23 | located in the State of Illinois, is available for access by | ||||||
24 | all municipalities located in the State of Illinois without | ||||||
25 | charge to them, and such registration includes the telephone | ||||||
26 | number for the mortgage servicer. |
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1 | This cost is a lien
upon the real estate affected, superior | ||||||
2 | to all other liens and
encumbrances, except tax liens; provided | ||||||
3 | that notice has been given as
hereinafter described, and | ||||||
4 | further provided that within 60 days after such
cost and | ||||||
5 | expense is incurred the municipality, or person performing the
| ||||||
6 | service by authority of the municipality, in his or its own | ||||||
7 | name, files
notice of lien in the office of the recorder in the | ||||||
8 | county in
which such real estate is located or in the office of | ||||||
9 | the Registrar of
Titles of such county if the real estate | ||||||
10 | affected is registered under "An
Act concerning land titles", | ||||||
11 | approved May 1, 1897, as amended. The notice
shall consist of a | ||||||
12 | sworn statement setting out
(1) a description of the real | ||||||
13 | estate sufficient for identification thereof,
(2) the amount of | ||||||
14 | money representing the cost and expense incurred or
payable for | ||||||
15 | the service, and (3) the date or dates when such cost and
| ||||||
16 | expense was incurred by the municipality. However, the lien of | ||||||
17 | such
municipality shall not be valid as to any purchaser whose | ||||||
18 | rights in and to
such real estate have arisen subsequent to the | ||||||
19 | tree removal and prior to
the filing of such notice, and the | ||||||
20 | lien of such municipality shall not be
valid as to any | ||||||
21 | mortgagee, judgment creditor or other lienor whose rights
in | ||||||
22 | and to such real estate arise prior to the filing of such | ||||||
23 | notice. Upon
payment of the cost and expense by the owner of or | ||||||
24 | persons interested in
such property after notice of lien has | ||||||
25 | been filed, the lien shall be
released by the municipality or | ||||||
26 | person in whose name the lien has been
filed and the release |
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1 | may be filed of record as in the case of filing
notice of lien.
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2 | The cost of such tree removal shall not be a lien upon the | ||||||
3 | real estate
affected unless a notice shall be personally served | ||||||
4 | or sent by registered
mail to the person to whom was sent the | ||||||
5 | tax bill for the general taxes for
the last preceding year on | ||||||
6 | the property, such notice to be delivered or
sent not less than | ||||||
7 | 30 days prior to the removal of the tree or trees
located | ||||||
8 | thereon. The notice shall contain the substance of this | ||||||
9 | section,
and of any ordinance of the municipality implementing | ||||||
10 | its provisions, and
identify the property, by common | ||||||
11 | description, and the tree or trees
affected.
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12 | (Source: P.A. 95-183, eff. 8-14-07.)
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13 | (65 ILCS 5/11-20-13) (from Ch. 24, par. 11-20-13)
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14 | Sec. 11-20-13. Removal of garbage, debris, and graffiti. | ||||||
15 | (a) The corporate authorities of each municipality may | ||||||
16 | provide for the
removal of garbage, debris, and graffiti from | ||||||
17 | any parcel of private property within the municipality if
when | ||||||
18 | the owner of that parcel such
property , after reasonable | ||||||
19 | notice, refuses or neglects to remove the such
garbage, debris, | ||||||
20 | and graffiti . The municipality and may collect , from the such | ||||||
21 | owner of the parcel,
the reasonable removal cost
thereof except | ||||||
22 | in the case of graffiti . | ||||||
23 | (b) The municipality's removal cost under this Section is a | ||||||
24 | lien upon the underlying parcel in accordance with Section | ||||||
25 | 11-20-15. This cost is a lien upon the real
estate affected, |
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1 | superior to all
subsequent liens and encumbrances, except tax | ||||||
2 | liens, if within 60 days
after such cost and expense is | ||||||
3 | incurred the municipality, or person
performing the service by | ||||||
4 | authority of the municipality, in his or its own
name, files | ||||||
5 | notice of lien in the office of the recorder in the
county in | ||||||
6 | which such real estate is located or in the office of the
| ||||||
7 | Registrar of Titles of such county if the real estate affected | ||||||
8 | is
registered under "An Act concerning land titles", approved | ||||||
9 | May 1, 1897,
as amended. The notice shall consist of a sworn
| ||||||
10 | statement setting out (1) a description of the real estate | ||||||
11 | sufficient for
identification thereof, (2) the amount of money | ||||||
12 | representing the cost and
expense incurred or payable for the | ||||||
13 | service, and (3) the date or dates when
such cost and expense | ||||||
14 | was incurred by the municipality. However, the lien
of such | ||||||
15 | municipality shall not be valid as to any purchaser whose | ||||||
16 | rights in
and to such real estate have arisen subsequent to | ||||||
17 | removal of the garbage
and debris and prior to the filing of | ||||||
18 | such notice, and the lien of such
municipality shall not be | ||||||
19 | valid as to any mortgagee, judgment creditor or
other lienor | ||||||
20 | whose rights in and to such real estate arise prior to the
| ||||||
21 | filing of such notice. Upon payment of the cost and expense by | ||||||
22 | the owner of
or persons interested in such property after | ||||||
23 | notice of lien has been filed,
the lien shall be released by | ||||||
24 | the municipality or person in whose name the
lien has been | ||||||
25 | filed and the release may be filed of record as in the case
of | ||||||
26 | filing notice of lien. The lien may be enforced by proceedings |
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| |||||||
1 | to
foreclose as in case of mortgages or mechanics' liens. An | ||||||
2 | action
to foreclose
this lien shall be commenced within 2 years | ||||||
3 | after the date of filing notice
of lien.
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4 | (c) This amendatory Act of 1973 does not apply to any | ||||||
5 | municipality which is
a home rule unit.
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6 | (d) For the purpose of this Section, "removal cost" means | ||||||
7 | the total cost of the removal of garbage and debris. The term | ||||||
8 | "removal cost" does not include any cost associated with the | ||||||
9 | removal of graffiti. | ||||||
10 | (e) In the case of an abandoned residential property as | ||||||
11 | defined in Section 11-20-15.1, the municipality may elect to | ||||||
12 | obtain a lien for the removal cost pursuant to Section | ||||||
13 | 11-20-15.1, in which case the provisions of Section 11-20-15.1 | ||||||
14 | shall be the exclusive remedy for the removal cost. | ||||||
15 | The provisions of this subsection (e), other than this | ||||||
16 | sentence, are inoperative upon certification by the Secretary | ||||||
17 | of the Illinois Department of Financial and Professional | ||||||
18 | Regulation, after consultation with the United States | ||||||
19 | Department of Housing and Urban Development, that the Mortgage | ||||||
20 | Electronic Registration System program is effectively | ||||||
21 | registering substantially all mortgaged residential properties | ||||||
22 | located in the State of Illinois, is available for access by | ||||||
23 | all municipalities located in the State of Illinois without | ||||||
24 | charge to them, and such registration includes the telephone | ||||||
25 | number for the mortgage servicer. | ||||||
26 | (Source: P.A. 90-292, eff. 1-1-98.)
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1 | (65 ILCS 5/11-20-15 new) | ||||||
2 | Sec. 11-20-15. Lien for removal costs. | ||||||
3 | (a) If the municipality incurs a removal cost under Section | ||||||
4 | 11-20-7, 11-20-8, 11-20-12, or 11-20-13 with respect to any | ||||||
5 | underlying parcel, then that cost is a lien upon that | ||||||
6 | underlying parcel. This lien is superior to all other liens and | ||||||
7 | encumbrances, except tax liens and as otherwise provided in | ||||||
8 | subsection (c)
of this Section. | ||||||
9 | (b) To perfect a lien under this Section, the municipality | ||||||
10 | must, within one year after the removal cost is incurred, file | ||||||
11 | notice of lien in the office of the recorder in the county in | ||||||
12 | which the underlying parcel is located or, if the underlying | ||||||
13 | parcel is registered under the Torrens system, in the office of | ||||||
14 | the Registrar of Titles of that county. The notice must consist | ||||||
15 | of a sworn statement setting out: | ||||||
16 | (1) a description of the underlying parcel that | ||||||
17 | sufficiently identifies the parcel; | ||||||
18 | (2) the amount of the removal cost; and | ||||||
19 | (3) the date or dates when the removal cost was | ||||||
20 | incurred by the municipality. | ||||||
21 | If, for any one parcel, the municipality engaged in any | ||||||
22 | removal activity on more than one occasion during the course of | ||||||
23 | one year, then the municipality may combine any or all of the | ||||||
24 | costs of each of those activities into a single notice of lien. | ||||||
25 | (c) A lien under this Section is not valid as to: (i) any |
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1 | purchaser whose rights in and to the underlying parcel arose | ||||||
2 | after the removal activity but before the filing of the notice | ||||||
3 | of lien; or (ii) any mortgagee, judgment creditor, or other | ||||||
4 | lienor whose rights in and to the underlying parcel arose | ||||||
5 | before the filing of the notice of lien. | ||||||
6 | (d) The removal cost is not a lien on the underlying parcel | ||||||
7 | unless a notice is personally served on, or sent by certified | ||||||
8 | mail to, the person to whom was sent the tax bill for the | ||||||
9 | general taxes on the property for the taxable year immediately | ||||||
10 | preceding the removal activities. The notice must be delivered | ||||||
11 | or sent after the removal activities have been performed, and | ||||||
12 | it must: (i) state the substance of this Section and the | ||||||
13 | substance of any ordinance of the municipality implementing | ||||||
14 | this Section; (ii) identify the underlying parcel, by common | ||||||
15 | description; and (iii) describe the removal activity. | ||||||
16 | (e) A lien under this Section may be enforced by | ||||||
17 | proceedings to foreclose as in case of mortgages or mechanics' | ||||||
18 | liens. An action to foreclose a lien under this Section must be | ||||||
19 | commenced within 2 years after the date of filing notice of | ||||||
20 | lien. | ||||||
21 | (f) Any person who performs a removal activity by the | ||||||
22 | authority of the municipality may, in his or her own name, file | ||||||
23 | a lien and foreclose on that lien in the same manner as a | ||||||
24 | municipality under this Section. | ||||||
25 | (g) A failure to file a foreclosure action does not, in any | ||||||
26 | way, affect the validity of the lien against the underlying |
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| |||||||
1 | parcel. | ||||||
2 | (h) Upon payment of the lien cost by the owner of the | ||||||
3 | underlying parcel after notice of lien has been filed, the | ||||||
4 | municipality (or its agent under subsection (f)) shall release | ||||||
5 | the lien, and the release may be filed of record by the owner | ||||||
6 | at his or her sole expense as in the case of filing notice of | ||||||
7 | lien. | ||||||
8 | (i) This Section shall not apply to a lien filed pursuant | ||||||
9 | to Section 11-20-15.1. | ||||||
10 | (65 ILCS 5/11-20-15.1 new)
| ||||||
11 | Sec. 11-20-15.1. Lien for costs of removal, securing, and | ||||||
12 | enclosing on abandoned residential property. | ||||||
13 | (a) If the municipality elects to incur a removal cost | ||||||
14 | pursuant to subsection (d) of Section 11-20-7, subsection (d) | ||||||
15 | of Section 11-20-8, subsection (d) of Section 11-20-12, or | ||||||
16 | subsection (e) of Section 11-20-13, or a securing or enclosing | ||||||
17 | cost pursuant to Section 11-31-1.01 with respect to an | ||||||
18 | abandoned residential property, then that cost is a lien upon | ||||||
19 | the underlying parcel of that abandoned residential property. | ||||||
20 | This lien is superior to all other liens and encumbrances, | ||||||
21 | except tax liens and as otherwise provided in this Section. | ||||||
22 | (b) To perfect a lien under this Section, the municipality | ||||||
23 | must, within one year after the cost is incurred for the | ||||||
24 | activity, file notice of the lien in the office of the recorder | ||||||
25 | in the county in which the abandoned residential property is |
| |||||||
| |||||||
1 | located or, if the abandoned residential property is registered | ||||||
2 | under the Torrens system, in the office of the Registrar of | ||||||
3 | Titles of that county, a sworn statement setting out: | ||||||
4 | (1) a description of the abandoned residential | ||||||
5 | property that sufficiently identifies the parcel; | ||||||
6 | (2) the amount of the cost of the activity; | ||||||
7 | (3) the date or dates when the cost for the activity | ||||||
8 | was incurred by the municipality; and | ||||||
9 | (4) a statement that the lien has been filed pursuant | ||||||
10 | to subsection (d) of Section 11-20-7, subsection (d) of | ||||||
11 | Section 11-20-8, subsection (d) of Section 11-20-12, | ||||||
12 | subsection (e) of Section 11-20-13, or 11-31-1.01, as | ||||||
13 | applicable. | ||||||
14 | If, for any abandoned residential property, the | ||||||
15 | municipality engaged in any activity on more than one occasion | ||||||
16 | during the course of one year, then the municipality may | ||||||
17 | combine any or all of the costs of each of those activities | ||||||
18 | into a single notice of lien. | ||||||
19 | (c) To enforce a lien pursuant to this Section, the | ||||||
20 | municipality must maintain contemporaneous records that | ||||||
21 | include, at a minimum: (i) a dated statement of finding by the | ||||||
22 | municipality that the property for which the work is to be | ||||||
23 | performed has become abandoned residential property, which | ||||||
24 | shall include (1) the date when the property was first known or | ||||||
25 | observed to be unoccupied by any lawful occupant or occupants, | ||||||
26 | (2) a description of the actions taken by the municipality to |
| |||||||
| |||||||
1 | contact the legal owner or owners of the property identified on | ||||||
2 | the recorded mortgage, or, if known, any agent of the owner or | ||||||
3 | owners, including the dates such actions were taken, and (3) a | ||||||
4 | statement that no contacts were made with the legal owner or | ||||||
5 | owners or their agents as a result of such actions, (ii) a | ||||||
6 | dated certification by an authorized official of the | ||||||
7 | municipality of the necessity and specific nature of the work | ||||||
8 | to be performed, (iii) a copy of the agreement with the person | ||||||
9 | or entity performing the work that includes the legal name of | ||||||
10 | the person or entity, the rate or rates to be charged for | ||||||
11 | performing the work, and an estimate of the total cost of the | ||||||
12 | work to be performed, (iv) detailed invoices and payment | ||||||
13 | vouchers for all payments made by the municipality for such | ||||||
14 | work, and (v) a statement as to whether the work was engaged | ||||||
15 | through a competitive bidding process, and if so, a copy of all | ||||||
16 | proposals submitted by the bidders for such work. | ||||||
17 | (d) A lien under this Section shall be enforceable | ||||||
18 | exclusively at the hearing for confirmation of sale of the | ||||||
19 | abandoned residential property that is held pursuant to | ||||||
20 | subsection (b) of Section 15-1508 of the Code of Civil | ||||||
21 | Procedure and shall be limited to a claim of interest in the | ||||||
22 | proceeds of the sale and subject to the requirements of this | ||||||
23 | Section. Any mortgagee who holds a mortgage on the property, or | ||||||
24 | any beneficiary or trustee who holds a deed of trust on the | ||||||
25 | property, may contest the lien or the amount of the lien at any | ||||||
26 | time during the foreclosure proceeding upon motion and notice |
| |||||||
| |||||||
1 | in accordance with court rules applicable to motions generally. | ||||||
2 | Grounds for forfeiture of the lien or the superior status of | ||||||
3 | the lien granted by subsection (a) of this Section shall | ||||||
4 | include, but not be limited to, a finding by the court that: | ||||||
5 | (i) the municipality has not complied with subsection (b) or | ||||||
6 | (c) of this Section, (ii) the scope of the work was not | ||||||
7 | reasonable under the circumstances, (iii) the work exceeded the | ||||||
8 | authorization for the work to be performed under subsection (a) | ||||||
9 | of Section 11-20-7, subsection (a) of Section 11-20-8, | ||||||
10 | subsection (a) of Section 11-20-12, subsection (a) of Section | ||||||
11 | 11-20-13, or subsection (a) of Section 11-31-1.01, as | ||||||
12 | applicable, or (iv) the cost of the services rendered or | ||||||
13 | materials provided was not commercially reasonable. Forfeiture | ||||||
14 | of the superior status of the lien otherwise granted by this | ||||||
15 | Section shall not constitute a forfeiture of the lien as a | ||||||
16 | subordinate lien. | ||||||
17 | (e) Upon payment of the amount of a lien filed under this | ||||||
18 | Section by the mortgagee, servicer, owner, or any other person, | ||||||
19 | the municipality shall release the lien, and the release may be | ||||||
20 | filed of record by the person making such payment at the | ||||||
21 | person's sole expense as in the case of filing notice of lien. | ||||||
22 | (f) Notwithstanding any other provision of this Section, a | ||||||
23 | municipality may not file a lien pursuant to this Section for | ||||||
24 | activities performed pursuant to Section 11-20-7, Section | ||||||
25 | 11-20-8, Section 11-20-12, Section 11-20-13, or Section | ||||||
26 | 11-31-1.01, if: (i) the mortgagee or servicer of the abandoned |
| |||||||
| |||||||
1 | residential property has provided notice to the municipality | ||||||
2 | that the mortgagee or servicer has performed or will perform | ||||||
3 | the remedial actions specified in the notice that the | ||||||
4 | municipality otherwise might perform pursuant to subsection | ||||||
5 | (d) of Section 11-20-7, subsection (d) of Section 11-20-8, | ||||||
6 | subsection (d) of Section 11-20-12, subsection (e) of Section | ||||||
7 | 11-20-13, or Section 11-31-1.01, provided that the remedial | ||||||
8 | actions specified in the notice have been performed or are | ||||||
9 | performed or initiated in good faith within 30 days of such | ||||||
10 | notice; or (ii) the municipality has provided notice to the | ||||||
11 | mortgagee or servicer of a problem with the property requiring | ||||||
12 | the remedial actions specified in the notice that the | ||||||
13 | municipality otherwise would perform pursuant to subsection | ||||||
14 | (d) of Section 11-20-7, subsection (d) of Section 11-20-8, | ||||||
15 | subsection (d) of Section 11-20-12, subsection (e) of Section | ||||||
16 | 11-20-13, or Section 11-31-1.01, and the mortgagee or servicer | ||||||
17 | has performed or performs or initiates in good faith the | ||||||
18 | remedial actions specified in the notice within 30 days of such | ||||||
19 | notice. | ||||||
20 | (g) This Section and subsection (d) of Section 11-20-7, | ||||||
21 | subsection (d) of Section 11-20-8, subsection (d) of Section | ||||||
22 | 11-20-12, subsection (e) of Section 11-20-13, or Section | ||||||
23 | 11-31-1.01 shall apply only to activities performed, costs | ||||||
24 | incurred, and liens filed after the effective date of this | ||||||
25 | amendatory Act of the 96th General Assembly. | ||||||
26 | (h) For the purposes of this Section and subsection (d) of |
| |||||||
| |||||||
1 | Section 11-20-7, subsection (d) of Section 11-20-8, subsection | ||||||
2 | (d) of Section 11-20-12, subsection (e) of Section 11-20-13, or | ||||||
3 | Section 11-31-1.01: | ||||||
4 | "Abandoned residential property" means any type of | ||||||
5 | permanent residential dwelling unit, including detached single | ||||||
6 | family structures, and townhouses, condominium units and | ||||||
7 | multifamily rental apartments covering the entire property, | ||||||
8 | and manufactured homes treated under Illinois law as real | ||||||
9 | estate and not as personal property, that has been unoccupied | ||||||
10 | by any lawful occupant or occupants for at least 90 days, and | ||||||
11 | for which after such 90 day period, the municipality has made | ||||||
12 | good faith efforts to contact the legal owner or owners of the | ||||||
13 | property identified on the recorded mortgage, or, if known, any | ||||||
14 | agent of the owner or owners, and no contact has been made. A | ||||||
15 | property for which the municipality has been given notice of | ||||||
16 | the order of confirmation of sale pursuant to subsection (b-10) | ||||||
17 | of Section 15-1508 of the Code of Civil Procedure shall not be | ||||||
18 | deemed to be an abandoned residential property for the purposes | ||||||
19 | of subsection (d) of Section 11-20-7, subsection (d) of Section | ||||||
20 | 11-20-8, subsection (d) of Section 11-20-12, subsection (e) of | ||||||
21 | Section 11-20-13, and Section 11-31-1.01 of this Code. | ||||||
22 | "MERS program" means the nationwide Mortgage Electronic | ||||||
23 | Registration System approved by Fannie Mae, Freddie Mac, and | ||||||
24 | Ginnie Mae that has been created by the mortgage banking | ||||||
25 | industry with the mission of registering every mortgage loan in | ||||||
26 | the United States to lawfully make information concerning each |
| |||||||
| |||||||
1 | residential mortgage loan and the property securing it | ||||||
2 | available by internet access to mortgage originators, | ||||||
3 | servicers, warehouse lenders, wholesale lenders, retail | ||||||
4 | lenders, document custodians, settlement agents, title | ||||||
5 | companies, insurers, investors, county recorders, units of | ||||||
6 | local government, and consumers. | ||||||
7 | (i) Any entity or person who performs a removal, securing, | ||||||
8 | or enclosing activity pursuant to the authority of a | ||||||
9 | municipality under subsection (d) of Section 11-20-7, | ||||||
10 | subsection (d) of Section 11-20-8, subsection (d) of Section | ||||||
11 | 11-20-12, subsection (e) of Section 11-20-13, or Section | ||||||
12 | 11-31-1.01, may, in its, his, or her own name, file a lien | ||||||
13 | pursuant to subsection (b) of this Section and appear in a | ||||||
14 | foreclosure action on that lien pursuant to subsection (d) of | ||||||
15 | this Section in the place of the municipality, provided that | ||||||
16 | the municipality shall remain subject to subsection (c) of this | ||||||
17 | Section, and such party shall be subject to all of the | ||||||
18 | provisions in this Section as if such party were the | ||||||
19 | municipality. | ||||||
20 | (j) If prior to subsection (d) of Section 11-20-7, | ||||||
21 | subsection (d) of Section 11-20-8, subsection (d) of Section | ||||||
22 | 11-20-12, and subsection (e) of Section 11-20-13 becoming | ||||||
23 | inoperative a lien is filed pursuant to any of those | ||||||
24 | subsections, then the lien shall remain in full force and | ||||||
25 | effect after the subsections have become inoperative, subject | ||||||
26 | to all of the provisions of this Section. If prior to the |
| |||||||
| |||||||
1 | repeal of Section 11-31-1.01 a lien is filed pursuant to | ||||||
2 | Section 11-31-1.01, then the lien shall remain in full force | ||||||
3 | and effect after the repeal of Section 11-31-1.01, subject to | ||||||
4 | all of the provisions of this Section. | ||||||
5 | (65 ILCS 5/11-31-1.01 new)
| ||||||
6 | Sec. 11-31-1.01. Securing or enclosing abandoned | ||||||
7 | residential property. | ||||||
8 | (a) In the case of securing or enclosing an abandoned | ||||||
9 | residential property as defined in Section 11-20-15.1, the | ||||||
10 | municipality may elect to secure or enclose the exterior of a | ||||||
11 | building or the underlying parcel on which it is located under | ||||||
12 | this Section without application to the circuit court, in which | ||||||
13 | case the provisions of Section 11-20-15.1 shall be the | ||||||
14 | exclusive remedy for the recovery of the costs of such | ||||||
15 | activity. | ||||||
16 | (b) For the purposes of this Section: | ||||||
17 | (1) "Secure" or "securing" means boarding up, closing | ||||||
18 | off, or locking windows or entrances or otherwise making | ||||||
19 | the interior of a building inaccessible to the general | ||||||
20 | public; and | ||||||
21 | (2) "Enclose" or "enclosing" means surrounding part or | ||||||
22 | all of the abandoned residential property's underlying | ||||||
23 | parcel with a fence or wall or otherwise making part or all | ||||||
24 | of the abandoned residential property's underlying parcel | ||||||
25 | inaccessible to the general public. |
| |||||||
| |||||||
1 | (c) This Section is repealed upon certification by the | ||||||
2 | Secretary of the Illinois Department of Financial and | ||||||
3 | Professional Regulation, after consultation with the United | ||||||
4 | States Department of Housing and Urban Development, that the | ||||||
5 | Mortgage Electronic Registration System program is effectively | ||||||
6 | registering substantially all mortgaged residential properties | ||||||
7 | located in the State of Illinois, is available for access by | ||||||
8 | all municipalities located in the State of Illinois without | ||||||
9 | charge to them, and such registration includes the telephone | ||||||
10 | number for the mortgage servicer. | ||||||
11 | Section 15. The Illinois Banking Act is amended by changing | ||||||
12 | Section 5c as follows:
| ||||||
13 | (205 ILCS 5/5c) (from Ch. 17, par. 312.2)
| ||||||
14 | Sec. 5c. Ownership of a bankers' bank. A bank may acquire | ||||||
15 | shares
of stock of a bank or holding company which owns or | ||||||
16 | controls such bank if
the stock of such bank or company is | ||||||
17 | owned exclusively (except to the extent
directors' qualifying | ||||||
18 | shares are required by law) by depository institutions
or | ||||||
19 | depository institution holding companies and such bank or | ||||||
20 | company and
all subsidiaries thereof are engaged exclusively
in | ||||||
21 | providing services to or for other financial institutions, | ||||||
22 | their
holding companies, and the officers,
directors, and | ||||||
23 | employees of such institutions and companies, and in providing
| ||||||
24 | services at the request of other financial institutions
or |
| |||||||
| |||||||
1 | their holding companies (also referred to as a "bankers' | ||||||
2 | bank"). The bank may also provide products and services to its | ||||||
3 | officers, directors, and employees. In no
event shall the total | ||||||
4 | amount of such stock
held by a bank in such bank or holding | ||||||
5 | company exceed 10 percent of its
capital and surplus (including | ||||||
6 | undivided profits) and in no event shall
a bank acquire more | ||||||
7 | than 15 5 percent of any class of voting securities of
such | ||||||
8 | bank or company.
| ||||||
9 | (Source: P.A. 95-924, eff. 8-26-08.)
| ||||||
10 | Section 20. The Real Estate License Act of 2000 is amended | ||||||
11 | by changing Sections 1-10, 5-5, 5-10, 5-15, 5-20, 5-25, 5-35, | ||||||
12 | 5-40, 5-45, 5-50, 5-60, 5-65, 5-70, 5-80, 5-85, 10-15, 10-30, | ||||||
13 | 15-15, 15-35, 15-45, 15-65, 20-5, 20-10, 20-20, 20-25, 20-50, | ||||||
14 | 20-55, 20-60, 20-65, 20-75, 20-85, 20-90, 20-95, 20-100, | ||||||
15 | 20-110, 20-115, 25-5, 25-10, 25-13, 25-14, 25-15, 25-20, 25-25, | ||||||
16 | 25-30, 25-35, 25-37, 30-5, 30-10, 30-15, 30-20, and 30-25 and | ||||||
17 | by adding Sections 5-6, 5-7, 5-26, 5-27, 5-28, 5-41, 5-46, | ||||||
18 | 5-47, 10-35, 10-40, 20-21, 20-22, 20-62, 20-63, 20-64, 20-66, | ||||||
19 | 20-67, 20-68, 20-69, 20-72, 20-73, 20-82, and 25-21 as follows:
| ||||||
20 | (225 ILCS 454/1-10)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
22 | Sec. 1-10. Definitions. In this Act, unless the context | ||||||
23 | otherwise requires:
| ||||||
24 | "Act" means the Real Estate License Act of 2000.
|
| |||||||
| |||||||
1 | "Address of Record" means the designated address recorded | ||||||
2 | by the Department in the applicant's or licensee's application | ||||||
3 | file or license file as maintained by the Department's | ||||||
4 | licensure maintenance unit. It is the duty of the applicant or | ||||||
5 | licensee to inform the Department of any change of address, and | ||||||
6 | those changes must be made either through the Department's | ||||||
7 | website or by contacting the Department. | ||||||
8 | "Advisory Council" means the Real Estate Education | ||||||
9 | Advisory Council created
under Section 30-10 of this Act.
| ||||||
10 | "Agency" means a relationship in which a real estate broker | ||||||
11 | or licensee,
whether directly or through an affiliated | ||||||
12 | licensee, represents a consumer by
the consumer's consent, | ||||||
13 | whether express or implied, in a real property
transaction.
| ||||||
14 | "Applicant" means any person, as defined in this Section, | ||||||
15 | who applies to
the Department OBRE for a valid license as a | ||||||
16 | real estate broker, real estate salesperson, or
leasing agent.
| ||||||
17 | "Blind advertisement" means any real estate advertisement | ||||||
18 | that does not
include the sponsoring broker's business name and | ||||||
19 | that is used by any licensee
regarding the sale or lease of | ||||||
20 | real estate, including his or her own, licensed
activities, or | ||||||
21 | the hiring of any licensee under this Act. The broker's
| ||||||
22 | business name in the case of a franchise shall include the | ||||||
23 | franchise
affiliation as well as the name of the individual | ||||||
24 | firm.
| ||||||
25 | "Board" means the Real Estate Administration and | ||||||
26 | Disciplinary Board of the Department as created by Section |
| |||||||
| |||||||
1 | 25-10 of this Act OBRE .
| ||||||
2 | "Branch office" means a sponsoring broker's office other | ||||||
3 | than the sponsoring
broker's principal office.
| ||||||
4 | "Broker" means an individual, partnership, limited | ||||||
5 | liability company,
corporation, or registered limited | ||||||
6 | liability partnership other than a real
estate salesperson or | ||||||
7 | leasing agent who , whether in person or through any media or | ||||||
8 | technology, for another and for compensation, or
with the | ||||||
9 | intention or expectation of receiving compensation, either
| ||||||
10 | directly or indirectly:
| ||||||
11 | (1) Sells, exchanges, purchases, rents, or leases real | ||||||
12 | estate.
| ||||||
13 | (2) Offers to sell, exchange, purchase, rent, or lease | ||||||
14 | real estate.
| ||||||
15 | (3) Negotiates, offers, attempts, or agrees to | ||||||
16 | negotiate the sale,
exchange, purchase, rental, or leasing | ||||||
17 | of real estate.
| ||||||
18 | (4) Lists, offers, attempts, or agrees to list real | ||||||
19 | estate for sale,
lease, or exchange.
| ||||||
20 | (5) Buys, sells, offers to buy or sell, or otherwise | ||||||
21 | deals in options on
real estate or improvements thereon.
| ||||||
22 | (6) Supervises the collection, offer, attempt, or | ||||||
23 | agreement
to collect rent for the use of real estate.
| ||||||
24 | (7) Advertises or represents himself or herself as | ||||||
25 | being engaged in the
business of buying, selling, | ||||||
26 | exchanging, renting, or leasing real estate.
|
| |||||||
| |||||||
1 | (8) Assists or directs in procuring or referring of | ||||||
2 | leads or prospects, intended to
result in the sale, | ||||||
3 | exchange, lease, or rental of real estate.
| ||||||
4 | (9) Assists or directs in the negotiation of any | ||||||
5 | transaction intended to
result in the sale, exchange, | ||||||
6 | lease, or rental of real estate.
| ||||||
7 | (10) Opens real estate to the public for marketing | ||||||
8 | purposes.
| ||||||
9 | (11) Sells, leases, or offers for sale or lease real | ||||||
10 | estate at
auction.
| ||||||
11 | "Brokerage agreement" means a written or oral agreement | ||||||
12 | between a sponsoring
broker and a consumer for licensed | ||||||
13 | activities to be provided to a consumer in
return for | ||||||
14 | compensation or the right to receive compensation from another.
| ||||||
15 | Brokerage agreements may constitute either a bilateral or a | ||||||
16 | unilateral
agreement between the broker and the broker's client | ||||||
17 | depending upon the content
of the brokerage agreement. All | ||||||
18 | exclusive brokerage agreements shall be in
writing.
| ||||||
19 | "Client" means a person who is being represented by a | ||||||
20 | licensee.
| ||||||
21 | "Commissioner" means the Commissioner of Banks and Real | ||||||
22 | Estate or a person
authorized by the Commissioner, the Office | ||||||
23 | of Banks and Real Estate Act, or
this Act to act in the | ||||||
24 | Commissioner's stead.
| ||||||
25 | "Compensation" means the valuable consideration given by | ||||||
26 | one person or entity
to another person or entity in exchange |
| |||||||
| |||||||
1 | for the performance of some activity or
service. Compensation | ||||||
2 | shall include the transfer of valuable consideration,
| ||||||
3 | including without limitation the following:
| ||||||
4 | (1) commissions;
| ||||||
5 | (2) referral fees;
| ||||||
6 | (3) bonuses;
| ||||||
7 | (4) prizes;
| ||||||
8 | (5) merchandise;
| ||||||
9 | (6) finder fees;
| ||||||
10 | (7) performance of services;
| ||||||
11 | (8) coupons or gift certificates;
| ||||||
12 | (9) discounts;
| ||||||
13 | (10) rebates;
| ||||||
14 | (11) a chance to win a raffle, drawing, lottery, or | ||||||
15 | similar game of chance
not prohibited by any other law or | ||||||
16 | statute;
| ||||||
17 | (12) retainer fee; or
| ||||||
18 | (13) salary.
| ||||||
19 | "Confidential information" means information obtained by a | ||||||
20 | licensee from a
client during the term of a brokerage agreement | ||||||
21 | that (i) was made confidential
by the written request or | ||||||
22 | written instruction of the client, (ii) deals with
the | ||||||
23 | negotiating position of the client, or (iii) is information the | ||||||
24 | disclosure
of which could materially harm the negotiating | ||||||
25 | position of the client, unless
at any time:
| ||||||
26 | (1) the client permits the disclosure of information |
| |||||||
| |||||||
1 | given by that client
by word or conduct;
| ||||||
2 | (2) the disclosure is required by law; or
| ||||||
3 | (3) the information becomes public from a source other | ||||||
4 | than the licensee.
| ||||||
5 | "Confidential information" shall not be considered to | ||||||
6 | include material
information about the physical condition of | ||||||
7 | the property.
| ||||||
8 | "Consumer" means a person or entity seeking or receiving | ||||||
9 | licensed
activities.
| ||||||
10 | "Continuing education school" means any person licensed by | ||||||
11 | the Department OBRE as a school
for continuing education in | ||||||
12 | accordance with Section 30-15 of this Act. | ||||||
13 | "Coordinator" means the Coordinator of Real Estate created | ||||||
14 | in Section 25-15 of this Act.
| ||||||
15 | "Credit hour" means 50 minutes of classroom instruction in | ||||||
16 | course work that
meets the requirements set forth in rules | ||||||
17 | adopted by the Department OBRE .
| ||||||
18 | "Customer" means a consumer who is not being represented by | ||||||
19 | the licensee but
for whom the licensee is performing | ||||||
20 | ministerial acts.
| ||||||
21 | "Department" means the Department of Financial and | ||||||
22 | Professional Regulation. | ||||||
23 | "Designated agency" means a contractual relationship | ||||||
24 | between a sponsoring
broker and a client under Section 15-50 of | ||||||
25 | this Act in which one or more
licensees associated with or | ||||||
26 | employed by the broker are designated as agent of
the client.
|
| |||||||
| |||||||
1 | "Designated agent" means a sponsored licensee named by a | ||||||
2 | sponsoring broker as
the legal agent of a client, as provided | ||||||
3 | for in Section 15-50 of this Act.
| ||||||
4 | "Director" means the Director of the Real Estate Division, | ||||||
5 | OBRE.
| ||||||
6 | "Dual agency" means an agency relationship in which a | ||||||
7 | licensee is
representing both buyer and seller or both landlord | ||||||
8 | and tenant in the same
transaction. When the agency | ||||||
9 | relationship is a designated agency, the
question of whether | ||||||
10 | there is a dual agency shall be determined by the agency
| ||||||
11 | relationships of the designated agent of the parties and not of | ||||||
12 | the sponsoring
broker.
| ||||||
13 | "Employee" or other derivative of the word "employee", when | ||||||
14 | used to refer to,
describe, or delineate the relationship | ||||||
15 | between a real estate broker and a real
estate salesperson, | ||||||
16 | another real estate broker, or a leasing agent, shall be
| ||||||
17 | construed to include an independent contractor relationship, | ||||||
18 | provided that a
written agreement exists that clearly | ||||||
19 | establishes and states the relationship.
All responsibilities | ||||||
20 | of a broker shall remain.
| ||||||
21 | "Escrow moneys" means all moneys, promissory notes or any | ||||||
22 | other type or
manner of legal tender or financial consideration | ||||||
23 | deposited with any person for
the benefit of the parties to the | ||||||
24 | transaction. A transaction exists once an
agreement has been | ||||||
25 | reached and an accepted real estate contract signed or lease
| ||||||
26 | agreed to by the parties. Escrow moneys includes without |
| |||||||
| |||||||
1 | limitation earnest
moneys and security deposits, except those | ||||||
2 | security deposits in which the
person holding the security | ||||||
3 | deposit is also the sole owner of the property
being leased and | ||||||
4 | for which the security deposit is being held.
| ||||||
5 | "Exclusive brokerage agreement" means a written brokerage | ||||||
6 | agreement that provides that the sponsoring broker has the sole | ||||||
7 | right, through one or more sponsored licensees, to act as the | ||||||
8 | exclusive designated agent or representative of the client and | ||||||
9 | that meets the requirements of Section 15-75 of this Act.
| ||||||
10 | "Inoperative" means a status of licensure where the | ||||||
11 | licensee holds a current
license under this Act, but the | ||||||
12 | licensee is prohibited from engaging in
licensed activities | ||||||
13 | because the licensee is unsponsored or the license of the
| ||||||
14 | sponsoring broker with whom the licensee is associated or by | ||||||
15 | whom he or she is
employed is currently expired, revoked, | ||||||
16 | suspended, or otherwise rendered
invalid under this Act.
| ||||||
17 | "Leads" means the name or names of a potential buyer, | ||||||
18 | seller, lessor, lessee, or client of a licensee. | ||||||
19 | "Leasing Agent" means a person who is employed by a real | ||||||
20 | estate broker to
engage in licensed activities limited to | ||||||
21 | leasing residential real estate who
has obtained a license as | ||||||
22 | provided for in Section 5-5 of this Act.
| ||||||
23 | "License" means the document issued by the Department OBRE | ||||||
24 | certifying that the person named
thereon has fulfilled all | ||||||
25 | requirements prerequisite to licensure under this
Act.
| ||||||
26 | "Licensed activities" means those activities listed in the |
| |||||||
| |||||||
1 | definition of
"broker" under this Section.
| ||||||
2 | "Licensee" means any person, as defined in this Section, | ||||||
3 | who holds a
valid unexpired license as a real estate broker, | ||||||
4 | real estate salesperson, or
leasing agent.
| ||||||
5 | "Listing presentation" means a communication between a | ||||||
6 | real estate broker or
salesperson and a consumer in which the | ||||||
7 | licensee is attempting to secure a
brokerage agreement with the | ||||||
8 | consumer to market the consumer's real estate for
sale or | ||||||
9 | lease.
| ||||||
10 | "Managing broker" means a broker who has supervisory | ||||||
11 | responsibilities for
licensees in one or, in the case of a | ||||||
12 | multi-office company, more than one
office and who has been | ||||||
13 | appointed as such by the sponsoring broker.
| ||||||
14 | "Medium of advertising" means any method of communication | ||||||
15 | intended to
influence the general public to use or purchase a | ||||||
16 | particular good or service or
real estate.
| ||||||
17 | "Ministerial acts" means those acts that a licensee may | ||||||
18 | perform for a
consumer that are informative or clerical in | ||||||
19 | nature and do not rise to the
level of active representation on | ||||||
20 | behalf of a consumer. Examples of these acts
include without | ||||||
21 | limitation (i) responding to phone inquiries by consumers as to
| ||||||
22 | the availability and pricing of brokerage services, (ii) | ||||||
23 | responding to phone
inquiries from a consumer concerning the | ||||||
24 | price or location of property, (iii)
attending an open house | ||||||
25 | and responding to questions about the property from a
consumer, | ||||||
26 | (iv) setting an appointment to view property, (v) responding to
|
| |||||||
| |||||||
1 | questions of consumers walking into a licensee's office | ||||||
2 | concerning brokerage
services offered or particular | ||||||
3 | properties, (vi) accompanying an appraiser,
inspector, | ||||||
4 | contractor, or similar third party on a visit to a property, | ||||||
5 | (vii)
describing a property or the property's condition in | ||||||
6 | response to a consumer's
inquiry, (viii) completing business or | ||||||
7 | factual information for a consumer on an
offer or contract to | ||||||
8 | purchase on behalf of a client, (ix) showing a client
through a | ||||||
9 | property being sold by an owner on his or her own behalf, or | ||||||
10 | (x)
referral to another broker or service provider.
| ||||||
11 | "OBRE" means the Office of Banks and Real Estate.
| ||||||
12 | "Office" means a real estate broker's place of business | ||||||
13 | where the general
public is invited to transact business and | ||||||
14 | where records may be maintained and
licenses displayed, whether | ||||||
15 | or not it is the broker's principal place of
business.
| ||||||
16 | "Person" means and includes individuals, entities, | ||||||
17 | corporations, limited
liability companies, registered limited | ||||||
18 | liability partnerships, and
partnerships, foreign or domestic, | ||||||
19 | except that when the context otherwise
requires, the term may | ||||||
20 | refer to a single individual or other described entity.
| ||||||
21 | "Personal assistant" means a licensed or unlicensed person | ||||||
22 | who has been hired
for the purpose of aiding or assisting a | ||||||
23 | sponsored licensee in the performance
of the sponsored | ||||||
24 | licensee's job.
| ||||||
25 | "Pocket card" means the card issued by the Department OBRE | ||||||
26 | to signify that the person named
on the card is currently |
| |||||||
| |||||||
1 | licensed under this Act.
| ||||||
2 | "Pre-license school" means a school licensed by the | ||||||
3 | Department OBRE offering courses in
subjects related to real | ||||||
4 | estate transactions, including the subjects upon
which an | ||||||
5 | applicant is examined in determining fitness to receive a | ||||||
6 | license.
| ||||||
7 | "Pre-renewal period" means the period between the date of | ||||||
8 | issue of a
currently valid license and the license's expiration | ||||||
9 | date.
| ||||||
10 | "Proctor" means any person, including, but not limited to, | ||||||
11 | an instructor, who has a written agreement to administer | ||||||
12 | examinations fairly and impartially with a licensed | ||||||
13 | pre-license school or a licensed continuing education school. | ||||||
14 | "Real estate" means and includes leaseholds as well as any | ||||||
15 | other interest or
estate in land, whether corporeal, | ||||||
16 | incorporeal, freehold, or non-freehold,
including timeshare | ||||||
17 | interests, and whether the real estate is situated in this
| ||||||
18 | State or elsewhere.
| ||||||
19 | "Regular employee" means a person working an average of 20 | ||||||
20 | hours per week for a person or entity who would be considered | ||||||
21 | as an employee under the Internal Revenue Service eleven main | ||||||
22 | tests in three categories being behavioral control, financial | ||||||
23 | control and the type of relationship of the parties, formerly | ||||||
24 | the twenty factor test. | ||||||
25 | "Real Estate Administration and Disciplinary Board" or | ||||||
26 | "Board" means the
Real Estate Administration and Disciplinary |
| |||||||
| |||||||
1 | Board created by Section 25-10 of
this Act.
| ||||||
2 | "Salesperson" means any individual, other than a real | ||||||
3 | estate broker or
leasing agent, who is employed by a real | ||||||
4 | estate broker or is associated by
written agreement with a real | ||||||
5 | estate broker as an independent contractor and
participates in | ||||||
6 | any activity described in the definition of "broker" under this
| ||||||
7 | Section.
| ||||||
8 | "Secretary" means the Secretary of the Department of | ||||||
9 | Financial and Professional Regulation, or a person authorized | ||||||
10 | by the Secretary to act in the Secretary's stead. | ||||||
11 | "Sponsoring broker" means the broker who has issued a | ||||||
12 | sponsor card to a
licensed salesperson, another licensed | ||||||
13 | broker, or a leasing agent.
| ||||||
14 | "Sponsor card" means the temporary permit issued by the | ||||||
15 | sponsoring real
estate broker certifying that the real estate | ||||||
16 | broker, real estate salesperson,
or leasing agent named thereon | ||||||
17 | is employed by or associated by written
agreement with the | ||||||
18 | sponsoring real estate broker, as provided for in Section
5-40 | ||||||
19 | of this Act.
| ||||||
20 | (Source: P.A. 92-217, eff. 8-2-01; 93-957, eff. 8-19-04.)
| ||||||
21 | (225 ILCS 454/5-5)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
23 | Sec. 5-5. Leasing agent license.
| ||||||
24 | (a) The purpose of this Section is to provide for a limited | ||||||
25 | scope license to
enable persons who
wish to engage in |
| |||||||
| |||||||
1 | activities limited to the leasing of residential real
property | ||||||
2 | for which a license is
required under this Act, and only those | ||||||
3 | activities, to do so by obtaining the
license provided for
| ||||||
4 | under this Section.
| ||||||
5 | (b) Notwithstanding the other provisions of this Act, there | ||||||
6 | is hereby
created a leasing agent
license that shall enable the | ||||||
7 | licensee to engage only in residential leasing
activities for | ||||||
8 | which a
license is required under this Act. Such activities | ||||||
9 | include without
limitation leasing or renting
residential real | ||||||
10 | property, or attempting, offering, or negotiating to lease or
| ||||||
11 | rent residential real property, or
supervising the collection, | ||||||
12 | offer, attempt, or agreement to collect rent for
the use of
| ||||||
13 | residential real
property. Nothing in this
Section shall be | ||||||
14 | construed to require a licensed real estate broker or
| ||||||
15 | salesperson to obtain a leasing
agent license in order to | ||||||
16 | perform leasing activities for which a license is
required | ||||||
17 | under this Act.
Licensed leasing agents must be sponsored and | ||||||
18 | employed by a sponsoring broker.
| ||||||
19 | (c) The Department OBRE , by rule , with the advice of the | ||||||
20 | Board, shall provide for the
licensing of leasing
agents, | ||||||
21 | including the issuance, renewal, and administration of | ||||||
22 | licenses.
| ||||||
23 | (d) Notwithstanding any other provisions of this Act to the | ||||||
24 | contrary, a
person may engage in
residential leasing activities | ||||||
25 | for which a license is required under this Act,
for a period of | ||||||
26 | 120
consecutive days without being licensed, so long as the |
| |||||||
| |||||||
1 | person is acting under
the supervision of a
licensed real | ||||||
2 | estate broker and the broker has notified the Department OBRE | ||||||
3 | that the person is
pursuing licensure
under this Section. | ||||||
4 | During the 120 day period all requirements of Sections
5-10
and | ||||||
5 | 5-65 of this Act
with respect to education, successful | ||||||
6 | completion of an examination, and the
payment of all required
| ||||||
7 | fees must be satisfied. The Department OBRE may adopt rules to | ||||||
8 | ensure that the provisions of
this subsection are
not used in a | ||||||
9 | manner that enables an unlicensed person to repeatedly or
| ||||||
10 | continually engage in
activities for which a license is | ||||||
11 | required under this Act.
| ||||||
12 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
13 | (225 ILCS 454/5-6 new)
| ||||||
14 | Sec. 5-6. Social Security Number or Tax Identification | ||||||
15 | Number on license application. In addition to any other | ||||||
16 | information required to be contained in the application, every | ||||||
17 | application for an original or renewal license under this Act | ||||||
18 | shall include the applicant's Social Security Number or Tax | ||||||
19 | Identification Number. | ||||||
20 | (225 ILCS 454/5-7 new)
| ||||||
21 | Sec. 5-7. Application for leasing agent license. Every | ||||||
22 | person who desires to obtain a leasing agent license shall | ||||||
23 | apply to the Department in writing on forms provided by the | ||||||
24 | Department which application shall be accompanied by the |
| |||||||
| |||||||
1 | required non-refundable fee. Any such application shall | ||||||
2 | require such information as in the judgment of the Department | ||||||
3 | will enable the Department to pass on the qualifications of the | ||||||
4 | applicant for licensure.
| ||||||
5 | (225 ILCS 454/5-10)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
7 | Sec. 5-10. Requirements for license as leasing agent. | ||||||
8 | Application for leasing agent license. | ||||||
9 | (a) Every applicant for licensure as a leasing agent must | ||||||
10 | meet the following qualifications: | ||||||
11 | (1) Every person who desires to obtain a leasing agent | ||||||
12 | license shall apply to OBRE
in writing on forms
provided by | ||||||
13 | OBRE. In addition to any other information required to be
| ||||||
14 | contained in the
application, every application for an | ||||||
15 | original or renewed leasing agent license
shall include the
| ||||||
16 | applicant's Social Security number. All application or | ||||||
17 | license fees must
accompany the application.
Each | ||||||
18 | applicant must be at least 18 years of age ; | ||||||
19 | (2) , must be of good moral
character ; , shall have | ||||||
20 | (3) successfully complete
completed a 4-year course of | ||||||
21 | study in a high school or secondary school or an
equivalent | ||||||
22 | course of
study approved by the Illinois State Board of | ||||||
23 | Education ; , and shall successfully
complete | ||||||
24 | (4) personally take and pass a written
examination | ||||||
25 | authorized by the Department OBRE sufficient to |
| |||||||
| |||||||
1 | demonstrate the applicant's
knowledge of the
provisions of | ||||||
2 | this Act relating to leasing agents and the applicant's
| ||||||
3 | competence to engage in the
activities of a licensed | ||||||
4 | leasing agent ; . Applicants must successfully complete | ||||||
5 | (5) provide satisfactory evidence of having completed
| ||||||
6 | 15 hours of
instruction in an approved course of study | ||||||
7 | relating to the leasing of
residential real property. The
| ||||||
8 | course of study shall, among other topics, cover
the | ||||||
9 | provisions of this Act
applicable to leasing agents; fair | ||||||
10 | housing issues relating to residential
leasing; | ||||||
11 | advertising and marketing issues;
leases, applications, | ||||||
12 | and credit reports; owner-tenant relationships and
| ||||||
13 | owner-tenant laws; the handling of funds; and
| ||||||
14 | environmental issues relating
to residential real
| ||||||
15 | property ; . | ||||||
16 | (6) complete any other requirements as set forth by | ||||||
17 | rule; and
| ||||||
18 | (7) present a valid application for issuance of an | ||||||
19 | initial license accompanied by a sponsor card and the fees | ||||||
20 | specified by rule. | ||||||
21 | (b) No applicant shall engage in any of the activities | ||||||
22 | covered by this Act until a valid sponsor card has been issued | ||||||
23 | to such applicant. The sponsor card shall be valid for a | ||||||
24 | maximum period of 45 days after the date of issuance unless | ||||||
25 | extended for good cause as provided by rule. | ||||||
26 | (c) Successfully completed course work, completed pursuant |
| |||||||
| |||||||
1 | to the
requirements of this
Section, may be applied to the | ||||||
2 | course work requirements to obtain a real estate
broker's or
| ||||||
3 | salesperson's license as provided by rule. The Advisory Council | ||||||
4 | may shall
recommend through the
Board to the Department OBRE | ||||||
5 | and the Department may OBRE shall adopt requirements for | ||||||
6 | approved courses, course
content, and the
approval of courses, | ||||||
7 | instructors, and schools, as well as school and instructor
| ||||||
8 | fees. The Department OBRE may
establish continuing education | ||||||
9 | requirements for licensed leasing agents, by
rule, with the | ||||||
10 | advice of
the Advisory Council and Board.
| ||||||
11 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
12 | (225 ILCS 454/5-15)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
14 | Sec. 5-15.
Necessity of managing broker, broker, | ||||||
15 | salesperson, or leasing agent license
or sponsor card; | ||||||
16 | ownership
restrictions.
| ||||||
17 | (a) It is unlawful for any person, corporation, limited | ||||||
18 | liability company,
registered limited liability partnership, | ||||||
19 | or partnership to act as
a managing broker, real estate broker, | ||||||
20 | real estate salesperson, or leasing agent or to advertise
or | ||||||
21 | assume to act as such
broker, salesperson, or leasing agent | ||||||
22 | without a properly issued sponsor card or
a license issued
| ||||||
23 | under this Act by the Department OBRE , either directly or | ||||||
24 | through its authorized designee.
| ||||||
25 | (b) No corporation shall be granted a license or engage in |
| |||||||
| |||||||
1 | the business or
capacity, either
directly or indirectly, of a | ||||||
2 | real estate broker, unless every officer of the
corporation who | ||||||
3 | actively
participates in the real estate activities of the | ||||||
4 | corporation holds a license
as a managing broker or real estate | ||||||
5 | broker
and unless every employee who acts as a salesperson, or | ||||||
6 | leasing agent for the
corporation holds a
license as a real | ||||||
7 | estate broker, salesperson, or leasing agent.
| ||||||
8 | (c) No partnership shall be granted a license or engage in | ||||||
9 | the business or
serve in the capacity,
either directly or | ||||||
10 | indirectly, of a real estate broker, unless every general
| ||||||
11 | partner in the partnership
holds a license as a managing broker | ||||||
12 | or real estate broker and unless every employee who acts as a
| ||||||
13 | salesperson or
leasing agent for the partnership holds a | ||||||
14 | license as a real estate broker,
salesperson, or leasing
agent. | ||||||
15 | In the case of a registered limited liability partnership | ||||||
16 | (LLP), every
partner in the LLP
must hold a license as a | ||||||
17 | managing broker or real estate broker and every employee who | ||||||
18 | acts as a
salesperson or leasing
agent must hold a license as a | ||||||
19 | real estate broker, salesperson, or leasing
agent.
| ||||||
20 | (d) No limited liability company shall be granted a license | ||||||
21 | or engage in the
business or serve in
the capacity, either | ||||||
22 | directly or indirectly, of a real estate broker unless
every | ||||||
23 | manager in
the limited liability company or every member in a | ||||||
24 | member managed limited liability company holds a license as a | ||||||
25 | managing broker or real estate broker and
unless every other | ||||||
26 | member and employee who
acts as a salesperson or leasing agent |
| |||||||
| |||||||
1 | for the limited liability company holds
a license as a real
| ||||||
2 | estate broker, salesperson, or leasing agent.
| ||||||
3 | (e) No partnership, limited liability company, or | ||||||
4 | corporation shall be
licensed to conduct a
brokerage business | ||||||
5 | where an individual salesperson or leasing agent, or group
of
| ||||||
6 | salespersons
or leasing agents, owns or directly or indirectly | ||||||
7 | controls more than 49% of the
shares of stock or
other | ||||||
8 | ownership in the partnership, limited liability company, or | ||||||
9 | corporation.
| ||||||
10 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
11 | (225 ILCS 454/5-20)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
13 | Sec. 5-20.
Exemptions from broker, salesperson, or leasing | ||||||
14 | agent license
requirement. The requirement for holding a | ||||||
15 | license under this Article 5 shall
not apply to:
| ||||||
16 | (1) Any person, partnership, or corporation that as owner | ||||||
17 | or lessor performs
any of the acts described in the definition | ||||||
18 | of "broker" under Section 1-10 of
this Act with reference to | ||||||
19 | property owned or leased by it, or to the regular
employees | ||||||
20 | thereof with respect to the property so owned or leased, where | ||||||
21 | such
acts are performed in the regular course of or as an | ||||||
22 | incident to the
management, sale, or other disposition of such | ||||||
23 | property and the investment
therein, provided that such regular | ||||||
24 | employees do not perform any of the acts
described in the | ||||||
25 | definition of "broker" under Section 1-10 of this Act in
|
| |||||||
| |||||||
1 | connection with a vocation of selling or leasing any real | ||||||
2 | estate or the
improvements thereon not so owned or leased.
| ||||||
3 | (2) An attorney in fact acting under a duly executed and | ||||||
4 | recorded power of
attorney to convey real estate from the owner | ||||||
5 | or lessor or the services
rendered by an attorney at law in the | ||||||
6 | performance of the attorney's duty as an
attorney at law.
| ||||||
7 | (3) Any person acting as receiver, trustee in bankruptcy, | ||||||
8 | administrator,
executor, or guardian or while acting under a | ||||||
9 | court order or under the
authority of a will or testamentary | ||||||
10 | trust.
| ||||||
11 | (4) Any person acting as a resident manager for the owner | ||||||
12 | or any employee
acting as the resident manager for a broker | ||||||
13 | managing an apartment building,
duplex, or apartment complex, | ||||||
14 | when the resident manager resides on the
premises, the premises | ||||||
15 | is his or her primary residence, and the resident
manager is | ||||||
16 | engaged in the leasing of the property of which he or she is | ||||||
17 | the
resident manager.
| ||||||
18 | (5) Any officer or employee of a federal agency in the | ||||||
19 | conduct of official
duties.
| ||||||
20 | (6) Any officer or employee of the State government or any | ||||||
21 | political
subdivision thereof performing official duties.
| ||||||
22 | (7) Any multiple listing service or other similar | ||||||
23 | information exchange that is
engaged in the collection
and | ||||||
24 | dissemination of information concerning real estate available | ||||||
25 | for sale,
purchase, lease, or
exchange for the purpose of | ||||||
26 | providing licensees with a system by which licensees may |
| |||||||
| |||||||
1 | cooperatively share information along with which no other | ||||||
2 | licensed activities , as defined in Section 1-10 of this Act, | ||||||
3 | are provided.
| ||||||
4 | (8) Railroads and other public utilities regulated by the | ||||||
5 | State of Illinois,
or the officers or full time employees | ||||||
6 | thereof, unless the performance of any
licensed activities is | ||||||
7 | in connection with the sale, purchase, lease, or other
| ||||||
8 | disposition of real estate or investment therein not needing | ||||||
9 | the approval of
the appropriate State regulatory authority.
| ||||||
10 | (9) Any medium of advertising in the routine course of | ||||||
11 | selling or publishing
advertising along with which no other | ||||||
12 | licensed activities , as defined in Section 1-10 of this Act, | ||||||
13 | are provided.
| ||||||
14 | (10) Any resident lessee of a residential dwelling unit who | ||||||
15 | refers for
compensation to the owner of the dwelling unit, or | ||||||
16 | to the owner's agent,
prospective lessees of dwelling units in | ||||||
17 | the same building or complex as the
resident lessee's unit, but | ||||||
18 | only if the resident lessee (i) refers no more than
3 | ||||||
19 | prospective lessees in any 12-month period, (ii) receives | ||||||
20 | compensation of no
more than $1,500 $1,000 or the equivalent of | ||||||
21 | one month's rent, whichever is less, in
any 12-month period, | ||||||
22 | and (iii) limits his or her activities to referring
prospective | ||||||
23 | lessees to the owner, or the owner's agent, and does not show a
| ||||||
24 | residential dwelling unit to a prospective lessee, discuss | ||||||
25 | terms or conditions
of leasing a dwelling unit with a | ||||||
26 | prospective lessee, or otherwise participate
in the |
| |||||||
| |||||||
1 | negotiation of the leasing of a dwelling unit.
| ||||||
2 | (11) An exchange company registered under the Real Estate | ||||||
3 | Timeshare Act of
1999 and the regular employees of that | ||||||
4 | registered exchange company but only
when conducting an | ||||||
5 | exchange program as defined in that Act.
| ||||||
6 | (12) An existing timeshare owner who, for compensation, | ||||||
7 | refers prospective
purchasers, but only if the existing | ||||||
8 | timeshare owner (i) refers no more than 20
prospective | ||||||
9 | purchasers in any calendar year, (ii) receives no more than | ||||||
10 | $1,000,
or its equivalent, for referrals in any calendar year | ||||||
11 | and (iii) limits his or
her activities to referring prospective | ||||||
12 | purchasers of timeshare interests to
the developer or the | ||||||
13 | developer's employees or agents, and does not show,
discuss | ||||||
14 | terms or conditions of purchase or otherwise participate in
| ||||||
15 | negotiations with regard to timeshare interests.
| ||||||
16 | (13) Any person who is licensed without examination under
| ||||||
17 | Section 10-25 (now repealed) of the Auction License Act is | ||||||
18 | exempt from holding a broker's or
salesperson's license under | ||||||
19 | this Act for the limited purpose of selling or
leasing real | ||||||
20 | estate at auction, so long as:
| ||||||
21 | (A) that person has made application for said | ||||||
22 | exemption by July 1, 2000;
| ||||||
23 | (B) that person verifies to the Department OBRE | ||||||
24 | that he or she has sold real estate
at auction for a | ||||||
25 | period of 5 years prior to licensure as an auctioneer;
| ||||||
26 | (C) the person has had no lapse in his or her |
| |||||||
| |||||||
1 | license as an
auctioneer; and
| ||||||
2 | (D) the license issued under the Auction License | ||||||
3 | Act has not been
disciplined for violation of those | ||||||
4 | provisions of Article 20 of the Auction
License Act | ||||||
5 | dealing with or related to the sale or lease of real | ||||||
6 | estate at
auction.
| ||||||
7 | (14) A hotel operator who is registered with the Illinois | ||||||
8 | Department of
Revenue and pays taxes under the Hotel Operators' | ||||||
9 | Occupation Tax Act and rents
a room or rooms in a hotel as | ||||||
10 | defined in the Hotel Operators' Occupation Tax
Act for a period | ||||||
11 | of not more than 30 consecutive days and not more than 60 days
| ||||||
12 | in a calendar year.
| ||||||
13 | (Source: P.A. 91-245, eff. 12-31-99; 91-585, eff. 1-1-00; | ||||||
14 | 91-603, eff.
1-1-00; 92-16, eff. 6-28-01; 92-217, eff. 8-2-01; | ||||||
15 | revised 10-24-08.)
| ||||||
16 | (225 ILCS 454/5-25)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
18 | Sec. 5-25. Good moral character. Application for and | ||||||
19 | issuance of broker or salesperson license.
| ||||||
20 | (a) Every person who desires to obtain a license shall make | ||||||
21 | application to
OBRE in writing
upon forms prepared and | ||||||
22 | furnished by OBRE. In addition to any other
information | ||||||
23 | required to be
contained in the application, every application | ||||||
24 | for an original or renewed
license shall include the
| ||||||
25 | applicant's Social Security number. Each applicant shall be at |
| |||||||
| |||||||
1 | least 21 years
of age, be of good
moral character, and have | ||||||
2 | successfully completed a 4-year course of study in a
high | ||||||
3 | school or
secondary school approved by the Illinois State Board | ||||||
4 | of Education or an
equivalent course of
study as determined by | ||||||
5 | an examination conducted by the Illinois State Board of
| ||||||
6 | Education and shall
be verified under oath by the applicant. | ||||||
7 | The minimum age of 21 years shall be
waived for any
person | ||||||
8 | seeking a license as a real estate salesperson who has attained | ||||||
9 | the age
of 18 and can provide
evidence of the successful | ||||||
10 | completion of at least 4 semesters of post-secondary
school | ||||||
11 | study as a
full-time student or the equivalent, with major | ||||||
12 | emphasis on real estate
courses, in a school approved
by OBRE.
| ||||||
13 | (b) When an applicant has had his or her license revoked on | ||||||
14 | a prior occasion
or when an
applicant is found to have | ||||||
15 | committed any of the practices enumerated in Section
20-20 of | ||||||
16 | this Act or when an
applicant has been convicted of or enters a | ||||||
17 | plea of guilty or nolo contendere to forgery, embezzlement, | ||||||
18 | obtaining money under
false pretenses,
larceny, extortion, | ||||||
19 | conspiracy to defraud, or any other similar offense or
offenses | ||||||
20 | or has been
convicted of a felony involving moral turpitude in | ||||||
21 | any court of competent
jurisdiction in this or any
other state, | ||||||
22 | district, or territory of the United States or of a foreign
| ||||||
23 | country, the Board may consider
the prior revocation, conduct, | ||||||
24 | or conviction in its determination of the
applicant's moral | ||||||
25 | character
and whether to grant the applicant a license. In its | ||||||
26 | consideration of the
prior revocation, conduct,
or conviction, |
| |||||||
| |||||||
1 | the Board shall take into account the nature of the conduct, | ||||||
2 | any
aggravating or
extenuating circumstances, the time elapsed | ||||||
3 | since the revocation, conduct, or
conviction, the
| ||||||
4 | rehabilitation or restitution performed by the applicant, and | ||||||
5 | any other factors
that the Board deems
relevant. When an | ||||||
6 | applicant has made a false statement of material fact on
his or | ||||||
7 | her application, the
false statement may in itself be | ||||||
8 | sufficient grounds to revoke or refuse to
issue a license.
| ||||||
9 | (c) Every valid application for issuance of an initial | ||||||
10 | license shall be
accompanied by a sponsor
card and the fees | ||||||
11 | specified by rule.
| ||||||
12 | (d) No applicant shall engage in any of the activities | ||||||
13 | covered by this Act
until a valid sponsor
card has been issued | ||||||
14 | to such applicant. The sponsor card shall be valid for a
| ||||||
15 | maximum period of
45 days from the date of issuance unless | ||||||
16 | extended for good cause as provided by
rule.
| ||||||
17 | (e) OBRE shall issue to each applicant entitled thereto a | ||||||
18 | license in such
form and size as shall
be prescribed by OBRE. | ||||||
19 | The procedure for terminating a license shall be
printed on the | ||||||
20 | reverse
side of the license. Each license shall bear the name | ||||||
21 | of the person so
qualified, shall specify
whether the person is | ||||||
22 | qualified to act in a broker or salesperson capacity,
and shall | ||||||
23 | contain such
other information as shall be recommended by the | ||||||
24 | Board and approved by OBRE.
Each person
licensed under this Act | ||||||
25 | shall display his or her license conspicuously in his
or her | ||||||
26 | place of business.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
2 | (225 ILCS 454/5-26 new)
| ||||||
3 | Sec. 5-26. Requirements for license as a salesperson. | ||||||
4 | (a) Every applicant for licensure as a salesperson must | ||||||
5 | meet the following qualifications: | ||||||
6 | (1) Be at least 21 years of age. The minimum age of 21 | ||||||
7 | years shall be waived for any person seeking a license as a | ||||||
8 | real estate salesperson who has attained the age of 18 and | ||||||
9 | can provide evidence of the successful completion of at | ||||||
10 | least 4 semesters of post-secondary school study as a | ||||||
11 | full-time student or the equivalent, with major emphasis on | ||||||
12 | real estate courses, in a school approved by the | ||||||
13 | Department; | ||||||
14 | (2) Be of good moral character; | ||||||
15 | (3) Successfully complete a 4-year course of study in a | ||||||
16 | high school or secondary school approved by the Illinois | ||||||
17 | State Board of Education or an equivalent course of study | ||||||
18 | as determined by an examination conducted by the Illinois | ||||||
19 | State Board of Education, which shall be verified under | ||||||
20 | oath by the applicant; | ||||||
21 | (4) Provide satisfactory evidence of having completed | ||||||
22 | at least 45 hours of instruction in real estate courses | ||||||
23 | approved by the Advisory Council, except applicants who are | ||||||
24 | currently admitted to practice law by the Supreme Court of | ||||||
25 | Illinois and are currently in active standing; |
| |||||||
| |||||||
1 | (5) Shall personally take and pass a written | ||||||
2 | examination authorized by the Department; and | ||||||
3 | (6) Present a valid application for issuance of a | ||||||
4 | license accompanied by a sponsor card and the fees | ||||||
5 | specified by rule. | ||||||
6 | (b) No applicant shall engage in any of the activities | ||||||
7 | covered by this Act until a valid sponsor card has been issued | ||||||
8 | to the applicant. The sponsor card shall be valid for a maximum | ||||||
9 | period of 45 days after the date of issuance unless extended | ||||||
10 | for good cause as provided by rule. | ||||||
11 | (c) All licenses should be readily available to the public | ||||||
12 | at their sponsoring place of business. | ||||||
13 | (d) No new salesperson licenses shall be issued after April | ||||||
14 | 30, 2011 and all existing salesperson licenses shall terminate | ||||||
15 | on May 1, 2012. | ||||||
16 | (225 ILCS 454/5-27 new) | ||||||
17 | Sec. 5-27. Requirements for licensure as a broker. | ||||||
18 | (a) Every applicant for licensure as a broker must meet the | ||||||
19 | following qualifications: | ||||||
20 | (1) Be at least 21 years of age. After April 30, 2011, | ||||||
21 | the minimum age of 21 years shall be waived for any person | ||||||
22 | seeking a license as a broker who has attained the age of | ||||||
23 | 18 and can provide evidence of the successful completion of | ||||||
24 | at least 4 semesters of post-secondary school study as a | ||||||
25 | full-time student or the equivalent, with major emphasis on |
| |||||||
| |||||||
1 | real estate courses, in a school approved by the | ||||||
2 | Department; | ||||||
3 | (2) Be of good moral character; | ||||||
4 | (3) Successfully complete a 4-year course of study in a | ||||||
5 | high school or secondary school approved by the Illinois | ||||||
6 | State Board of Education or an equivalent course of study | ||||||
7 | as determined by an examination conducted by the Illinois | ||||||
8 | State Board of Education which shall be verified under oath | ||||||
9 | by the applicant; | ||||||
10 | (4) Prior to May 1, 2011, provide (i) satisfactory | ||||||
11 | evidence of having completed at least 120 classroom hours, | ||||||
12 | 45 of which shall be those hours required to obtain a | ||||||
13 | salesperson's license plus 15 hours in brokerage | ||||||
14 | administration courses, in real estate courses approved by | ||||||
15 | the Advisory Council or (ii) for applicants who currently | ||||||
16 | hold a valid real estate salesperson's license, give | ||||||
17 | satisfactory evidence of having completed at least 75 hours | ||||||
18 | in real estate courses, not including the courses that are | ||||||
19 | required to obtain a salesperson's license, approved by the | ||||||
20 | Advisory Council; | ||||||
21 | (5) After April 30, 2011, provide satisfactory | ||||||
22 | evidence of having completed 90 hours of instruction in | ||||||
23 | real estate courses approved by the Advisory Council, 15 | ||||||
24 | hours of which must consist of situational and case studies | ||||||
25 | presented in the classroom or by other interactive delivery | ||||||
26 | method presenting instruction and real time discussion |
| |||||||
| |||||||
1 | between the instructor and the students; | ||||||
2 | (6) Personally take and pass a written examination | ||||||
3 | authorized by the Department; | ||||||
4 | (7) Present a valid application for issuance of a | ||||||
5 | license accompanied by a sponsor card and the fees | ||||||
6 | specified by rule. | ||||||
7 | (b) The requirements specified in items (4) and (5) of | ||||||
8 | subsection (a) of this Section do not apply to applicants who | ||||||
9 | are currently admitted to practice law by the Supreme Court of | ||||||
10 | Illinois and are currently in active standing. | ||||||
11 | (c) No applicant shall engage in any of the activities | ||||||
12 | covered by this Act until a valid sponsor card has been issued | ||||||
13 | to such applicant. The sponsor card shall be valid for a | ||||||
14 | maximum period of 45 days after the date of issuance unless | ||||||
15 | extended for good cause as provided by rule. | ||||||
16 | (d) All licenses should be readily available to the public | ||||||
17 | at their place of business. | ||||||
18 | (225 ILCS 454/5-28 new) | ||||||
19 | Sec. 5-28. Requirements for licensure as a managing broker. | ||||||
20 | (a) Effective May 1, 2012, every applicant for licensure as | ||||||
21 | a managing broker must meet the following qualifications: | ||||||
22 | (1) be at least 21 years of age; | ||||||
23 | (2) be of good moral character; | ||||||
24 | (3) have been licensed at least 2 out of the preceding | ||||||
25 | 3 years as a real estate broker or salesperson; |
| |||||||
| |||||||
1 | (4) successfully complete a 4-year course of study in | ||||||
2 | high school or secondary school approved by the Illinois | ||||||
3 | State Board of Education or an equivalent course of study | ||||||
4 | as determined by an examination conducted by the Illinois | ||||||
5 | State Board of Education, which shall be verified under | ||||||
6 | oath by the applicant; | ||||||
7 | (5) provide satisfactory evidence of having completed | ||||||
8 | at least 165 hours, 120 of which shall be those hours | ||||||
9 | required pre and post-licensure to obtain a broker's | ||||||
10 | license, and 45 additional hours completed within the year | ||||||
11 | immediately preceding the filing of an application for a | ||||||
12 | managing broker's license, which hours shall focus on | ||||||
13 | brokerage administration and management and include at | ||||||
14 | least 15 hours in the classroom or by other interactive | ||||||
15 | delivery method presenting instructional and real time | ||||||
16 | discussion between the instructor and the students; | ||||||
17 | (6) personally take and pass a written examination | ||||||
18 | authorized by the Department; and | ||||||
19 | (7) present a valid application for issuance of a | ||||||
20 | license accompanied by a sponsor card, an appointment as a | ||||||
21 | managing broker, and the fees specified by rule. | ||||||
22 | (b) The requirements specified in item (5) of subsection | ||||||
23 | (a) of this Section do not apply to applicants who are | ||||||
24 | currently admitted to practice law by the Supreme Court of | ||||||
25 | Illinois and are currently in active standing. | ||||||
26 | (c) No applicant shall act as a managing broker for more |
| |||||||
| |||||||
1 | than 90 days after an appointment as a managing broker has been | ||||||
2 | filed with the Department without obtaining a managing broker's | ||||||
3 | license.
| ||||||
4 | (225 ILCS 454/5-35)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
6 | Sec. 5-35. Examination; managing broker , broker, or | ||||||
7 | salesperson , or leasing agent .
| ||||||
8 | (a) The Department shall authorize Every person who makes | ||||||
9 | application for an original license as a broker
or salesperson | ||||||
10 | shall
personally take and pass a written examination authorized | ||||||
11 | by OBRE and answer
any questions that
may be required to | ||||||
12 | determine the good moral character of the applicant and the
| ||||||
13 | applicant's
competency to transact the business of broker or | ||||||
14 | salesperson, as the case may
be, in such a manner
as to | ||||||
15 | safeguard the interests of the public. In determining this | ||||||
16 | competency,
OBRE shall require
proof that the applicant has a | ||||||
17 | good understanding and the knowledge to conduct
real estate
| ||||||
18 | brokerage and of the provisions of this Act. The examination | ||||||
19 | shall be prepared
by an independent
testing service designated | ||||||
20 | by OBRE, subject to the approval of the examinations
by the | ||||||
21 | Board. The
designated independent testing service shall | ||||||
22 | conduct the examinations at such
times and places as it may | ||||||
23 | designate. The examination shall be of a character to give a | ||||||
24 | fair test of the qualifications of the applicant to practice as | ||||||
25 | a managing broker, broker, salesperson, or leasing agent. |
| |||||||
| |||||||
1 | Applicants for examination as a managing broker, broker, | ||||||
2 | salesperson, or leasing agent shall be required to pay, either | ||||||
3 | to the Department or the designated testing service, a fee | ||||||
4 | covering the cost of providing the examination. Failure to | ||||||
5 | appear for the examination on the scheduled date, at the time | ||||||
6 | and place specified, after the applicant's application for | ||||||
7 | examination has been received and acknowledged by the | ||||||
8 | Department or the designated testing service, shall result in | ||||||
9 | the forfeiture of the examination fee.
OBRE shall approve. In | ||||||
10 | addition, every person who desires to take the written
| ||||||
11 | examination shall
make application to do so to OBRE or to the | ||||||
12 | designated independent testing
service in writing upon
forms | ||||||
13 | approved by OBRE. An applicant shall be eligible to take the
| ||||||
14 | examination only after
successfully completing the education | ||||||
15 | requirements , set forth in Section 5-30
of this Act,
and
| ||||||
16 | attaining the
minimum age provided for specified in Article 5 | ||||||
17 | of this Act. Each applicant shall be required to
establish | ||||||
18 | compliance with
the eligibility requirements in the manner | ||||||
19 | provided by the rules
promulgated for
the administration of | ||||||
20 | this Act.
| ||||||
21 | (b) If a person who has received a passing score on the | ||||||
22 | written examination
described in this Section fails to file an | ||||||
23 | application and meet all
requirements for a license
under this | ||||||
24 | Act within
one year after receiving a passing score on the | ||||||
25 | examination, credit for the
examination shall
terminate. The | ||||||
26 | person thereafter may make a new application for examination.
|
| |||||||
| |||||||
1 | (c) If an applicant has failed an examination 4 3 times, | ||||||
2 | the applicant must
repeat the pre-license
education required to | ||||||
3 | sit for the examination. For the purposes of this
Section, the | ||||||
4 | fifth fourth attempt
shall be the same as the first. Approved | ||||||
5 | education, as prescribed by this Act
for licensure as a
| ||||||
6 | salesperson or broker, shall be valid for 4
3 years after the | ||||||
7 | date of satisfactory completion of the education.
| ||||||
8 | (d) The Department may employ consultants for the purposes | ||||||
9 | of preparing and conducting examinations. | ||||||
10 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
11 | (225 ILCS 454/5-40)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
13 | Sec. 5-40.
Sponsor card; termination indicated by license | ||||||
14 | endorsement;
association
with new broker.
| ||||||
15 | (a) The sponsoring broker shall prepare upon forms provided | ||||||
16 | by the Department OBRE and
deliver to each
licensee employed by | ||||||
17 | or associated with the sponsoring broker a sponsor card
| ||||||
18 | certifying that the
person whose name appears thereon is in | ||||||
19 | fact employed by or associated with the
sponsoring
broker. The | ||||||
20 | sponsoring broker shall send , by certified mail, return receipt
| ||||||
21 | requested, or other delivery service
requiring a signature upon | ||||||
22 | delivery,
a duplicate of each sponsor card,
along with a valid
| ||||||
23 | license or other authorization as provided by rule and the | ||||||
24 | appropriate fee, to the Department
OBRE within 24 hours
of | ||||||
25 | issuance of the sponsor card. It is a violation of this Act for |
| |||||||
| |||||||
1 | any broker
to issue a sponsor card to
any licensee or applicant | ||||||
2 | unless the licensee or applicant presents in hand a
valid | ||||||
3 | license or other
authorization as provided by rule.
| ||||||
4 | (b) When a licensee terminates his or her employment or | ||||||
5 | association with a
sponsoring broker
or the employment is | ||||||
6 | terminated by the sponsoring broker, the licensee shall
obtain | ||||||
7 | from the
sponsoring broker his or her license endorsed by the | ||||||
8 | sponsoring broker
indicating the
termination. The
sponsoring | ||||||
9 | broker shall surrender to the Department OBRE a copy of the | ||||||
10 | license of the
licensee within 2 days of
the termination or | ||||||
11 | shall notify the Department OBRE in writing of the termination | ||||||
12 | and
explain why a copy of
the license is not surrendered. | ||||||
13 | Failure of the sponsoring broker to surrender
the license shall
| ||||||
14 | subject the sponsoring broker to discipline under Section 20-20 | ||||||
15 | of this Act.
The
license of any licensee
whose association with | ||||||
16 | a sponsoring broker is terminated shall automatically
become | ||||||
17 | inoperative
immediately upon the termination unless the | ||||||
18 | licensee accepts employment or
becomes associated
with a new | ||||||
19 | sponsoring broker pursuant to subsection (c) of this Section.
| ||||||
20 | (c) When a licensee accepts employment or association with | ||||||
21 | a new sponsoring
broker, the new
sponsoring broker shall send | ||||||
22 | to the Department , by certified mail, return receipt requested, | ||||||
23 | or
other delivery service
requiring a signature upon delivery,
| ||||||
24 | to OBRE a duplicate sponsor card, along with the
licensee's | ||||||
25 | endorsed
license or an affidavit of the licensee of why the | ||||||
26 | endorsed license is not
surrendered, and shall pay
the |
| |||||||
| |||||||
1 | appropriate fee prescribed by rule to cover administrative | ||||||
2 | expenses
attendant to the changes in
the registration of the | ||||||
3 | licensee.
| ||||||
4 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
5 | (225 ILCS 454/5-41 new)
| ||||||
6 | Sec. 5-41. Change of address. A licensee shall notify the | ||||||
7 | Department of the address or addresses, and of every change of | ||||||
8 | address, where the licensee practices as a leasing agent, | ||||||
9 | salesperson, broker or managing broker.
| ||||||
10 | (225 ILCS 454/5-45)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
12 | Sec. 5-45. Offices.
| ||||||
13 | (a) If a sponsoring broker maintains more than one office | ||||||
14 | within the State,
the sponsoring
broker shall apply for a | ||||||
15 | branch office license for each office other than the
sponsoring | ||||||
16 | broker's
principal place of business. The branch office license | ||||||
17 | shall be displayed
conspicuously in each
branch office. The | ||||||
18 | name of each branch office shall be the same as that of the
| ||||||
19 | sponsoring broker's
principal office or shall clearly | ||||||
20 | delineate the branch office's relationship
with the principal | ||||||
21 | office.
| ||||||
22 | (b) The sponsoring broker shall name a managing broker for | ||||||
23 | each branch
office and the
sponsoring broker shall be | ||||||
24 | responsible for supervising all managing brokers.
The |
| |||||||
| |||||||
1 | sponsoring
broker shall notify the Department OBRE in writing | ||||||
2 | of the name of all managing brokers of the
sponsoring broker | ||||||
3 | and the office or offices they manage. Any person initially | ||||||
4 | named as a managing broker after April 30, 2011 must either (i) | ||||||
5 | be licensed as a managing broker or (ii) meet all the | ||||||
6 | requirements to be licensed as a managing broker except the | ||||||
7 | required education and examination and secure the managing | ||||||
8 | broker's license within 90 days of being named as a managing | ||||||
9 | broker .
Any changes in managing brokers shall be reported to | ||||||
10 | the Department OBRE in writing within 15
days of the
change. | ||||||
11 | Failure to do so shall subject the sponsoring broker to | ||||||
12 | discipline
under
Section 20-20 of this Act.
| ||||||
13 | (c) The sponsoring broker shall immediately notify the | ||||||
14 | Department OBRE in writing of any
opening, closing, or
change | ||||||
15 | in location of any principal or branch office.
| ||||||
16 | (d) Except as provided in this Section, each sponsoring | ||||||
17 | broker shall
maintain a definite office,
or place of business | ||||||
18 | within this State for the transaction of real estate
business, | ||||||
19 | shall conspicuously
display an identification sign on the | ||||||
20 | outside of his or her office of adequate
size and visibility , | ||||||
21 | and
shall conspicuously display his or her license in his or | ||||||
22 | her office or place of
business and also the
licenses of all | ||||||
23 | persons associated with or employed by the sponsoring broker
| ||||||
24 | who primarily work at
that location . The office or place of | ||||||
25 | business shall not be located in any
retail or financial | ||||||
26 | business
establishment unless it is separated from the other |
| |||||||
| |||||||
1 | business by a separate and
distinct area within
the | ||||||
2 | establishment. A broker who is licensed in this State by | ||||||
3 | examination or
pursuant to the
provisions of Section 5-60 of | ||||||
4 | this Act shall not be required to maintain a
definite office or | ||||||
5 | place of
business in this State provided all of the following | ||||||
6 | conditions are met:
| ||||||
7 | (1) the broker maintains an
active broker's license in | ||||||
8 | the broker's state of domicile;
| ||||||
9 | (2) the broker
maintains an office in the
broker's | ||||||
10 | state of domicile; and
| ||||||
11 | (3) the broker has filed with the Department OBRE | ||||||
12 | written
statements appointing the
Secretary Commissioner | ||||||
13 | to act as the broker's agent upon whom all judicial and | ||||||
14 | other
process or legal notices
directed to the licensee may | ||||||
15 | be served and agreeing to abide by all of the
provisions of | ||||||
16 | this Act
with respect to his or her real estate activities | ||||||
17 | within the State of Illinois
and
submitting to the | ||||||
18 | jurisdiction
of the Department OBRE .
| ||||||
19 | The statements under subdivision (3) of this Section shall | ||||||
20 | be in form and
substance the same as those
statements required
| ||||||
21 | under Section 5-60 of this Act and shall operate to the same | ||||||
22 | extent.
| ||||||
23 | (e) Upon the loss of a managing broker who is not replaced | ||||||
24 | by the sponsoring
broker or in the
event of the death or | ||||||
25 | adjudicated disability of the sole proprietor of an
office, a | ||||||
26 | written request for
authorization allowing the continued |
| |||||||
| |||||||
1 | operation of the office may be submitted
to the Department OBRE | ||||||
2 | within 15
days of the loss. The Department OBRE may issue a | ||||||
3 | written authorization allowing the
continued operation,
| ||||||
4 | provided that a licensed broker, or in the case of the death or | ||||||
5 | adjudicated
disability of a sole
proprietor, the | ||||||
6 | representative of the estate, assumes responsibility, in
| ||||||
7 | writing, for the operation of
the office and agrees to | ||||||
8 | personally supervise the operation of the office. No
such | ||||||
9 | written
authorization shall be valid for more than 60 days | ||||||
10 | unless extended by the Department OBRE for
good cause shown
and | ||||||
11 | upon written request by the broker or representative.
| ||||||
12 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
13 | (225 ILCS 454/5-46 new) | ||||||
14 | Sec. 5-46. Transition from salesperson's license to | ||||||
15 | broker's license. | ||||||
16 | (a) No new salesperson licenses shall be issued by the | ||||||
17 | Department after April 30, 2011 and existing salesperson | ||||||
18 | licenses shall end as of 11:59 p.m. on April 30, 2012. The | ||||||
19 | following transition rules shall apply to individuals holding a | ||||||
20 | salesperson's license as of April 30, 2011 and seeking to | ||||||
21 | obtain a broker's license: | ||||||
22 | (1) provide evidence of having completed 30 hours of | ||||||
23 | post-license education in courses approved by the Advisory | ||||||
24 | Council and having passed a written examination approved by | ||||||
25 | the Department and administered by a licensed pre-license |
| |||||||
| |||||||
1 | school; or | ||||||
2 | (2) provide evidence of passing a Department-approved | ||||||
3 | proficiency examination administered by a licensed | ||||||
4 | pre-license school, which proficiency examination may only | ||||||
5 | be taken one time by any one individual salesperson; and | ||||||
6 | (3) present a valid application for a broker's license | ||||||
7 | no later than April 30, 2012 accompanied by a sponsor card | ||||||
8 | and the fees specified by rule. | ||||||
9 | (b) The education requirements specified in clause (1) of | ||||||
10 | subsection (a) of this Section do not apply to applicants who | ||||||
11 | are currently admitted to practice law by the Supreme Court of | ||||||
12 | Illinois and are currently in active standing. | ||||||
13 | (c) No applicant may engage in any of the activities | ||||||
14 | covered by this Act until a valid sponsor card has been issued | ||||||
15 | to such applicant. The sponsor card shall be valid for a | ||||||
16 | maximum period of 45 days after the date of issuance unless | ||||||
17 | extended for good cause as provided by rule. | ||||||
18 | (225 ILCS 454/5-47 new) | ||||||
19 | Sec. 5-47. Transition to managing broker's license. | ||||||
20 | (a) A new license for managing brokers is created effective | ||||||
21 | May 1, 2011. The following transition rules shall apply for | ||||||
22 | those brokers listed as managing brokers with the Department as | ||||||
23 | of April 30, 2011. Those individuals licensed as brokers and | ||||||
24 | listed as managing brokers with the Department as of April 30, | ||||||
25 | 2011 must meet the following qualifications to obtain a |
| |||||||
| |||||||
1 | managing broker's license: | ||||||
2 | (1) provide evidence of having completed the 45 hours | ||||||
3 | of broker management education approved by the Advisory | ||||||
4 | Council and having passed a written examination approved by | ||||||
5 | the Department and administered by a licensed pre-license | ||||||
6 | school; or | ||||||
7 | (2) provide evidence of passing a Department-approved | ||||||
8 | proficiency examination administered by a licensed | ||||||
9 | pre-license school, which proficiency examination may only | ||||||
10 | be taken one time by any one individual broker; and | ||||||
11 | (3) present a valid application for a managing broker's | ||||||
12 | license no later than April 30, 2012 accompanied by a | ||||||
13 | sponsor card and the fees specified by rule. | ||||||
14 | (b) The education requirements specified in item (1) of | ||||||
15 | subsection (a) of this Section do not apply to applicants who | ||||||
16 | are currently admitted to practice law by the Supreme Court of | ||||||
17 | Illinois and are currently in active standing.
| ||||||
18 | (225 ILCS 454/5-50)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
20 | Sec. 5-50. Expiration date and renewal period of managing | ||||||
21 | broker, broker, salesperson, or
leasing agent license; | ||||||
22 | sponsoring broker;
register of licensees; pocket card. | ||||||
23 | (a) The expiration date and renewal period for each license | ||||||
24 | issued under
this Act shall be set by
rule , except that the | ||||||
25 | first renewal period ending after the effective date of this |
| |||||||
| |||||||
1 | Act for those licensed as a salesperson shall be extended | ||||||
2 | through April 30, 2012 . Except as otherwise provided in this | ||||||
3 | Section 5-55 of this Act , the holder of
a
license may renew
the | ||||||
4 | license within 90 days preceding the expiration date thereof by | ||||||
5 | completing the continuing education required by this Act and | ||||||
6 | paying the
fees specified by
rule. Upon written request from | ||||||
7 | the sponsoring broker, OBRE shall prepare and
mail to the
| ||||||
8 | sponsoring broker a listing of licensees under this Act who, | ||||||
9 | according to the
records of OBRE, are
sponsored by that broker. | ||||||
10 | Every licensee associated with or employed by a
broker whose | ||||||
11 | license is
revoked, suspended, terminated, or expired shall be | ||||||
12 | considered as inoperative
until such time as the
sponsoring | ||||||
13 | broker's license is reinstated or renewed, or the licensee | ||||||
14 | changes
employment as set
forth in subsection (c) of Section | ||||||
15 | 5-40 of this Act.
| ||||||
16 | (b) An individual whose first license is that of a broker | ||||||
17 | received after April 30, 2011, must provide evidence of having | ||||||
18 | completed 30 hours of post-license education in courses | ||||||
19 | approved by the Advisory Council, 15 hours of which must | ||||||
20 | consist of situational and case studies presented in the | ||||||
21 | classroom or by other interactive delivery method presenting | ||||||
22 | instruction and real time discussion between the instructor and | ||||||
23 | the students, and personally take and pass an examination | ||||||
24 | approved by the Department prior to the first renewal of their | ||||||
25 | broker's license. OBRE shall establish and maintain a register | ||||||
26 | of all persons currently
licensed by the State
and shall issue |
| |||||||
| |||||||
1 | and prescribe a form of pocket card. Upon payment by a
licensee | ||||||
2 | of the appropriate
fee as prescribed by rule for engagement in | ||||||
3 | the activity for which the licensee
is qualified and holds
a | ||||||
4 | license for the current period, OBRE shall issue a pocket card | ||||||
5 | to the
licensee. The pocket card
shall be verification that the | ||||||
6 | required fee for the current period has been
paid and shall | ||||||
7 | indicate that
the person named thereon is licensed for the | ||||||
8 | current renewal period as a
broker, salesperson, or
leasing | ||||||
9 | agent as the case may be. The pocket card shall further | ||||||
10 | indicate that
the person named
thereon is authorized by OBRE to | ||||||
11 | engage in the licensed activity appropriate
for his or her | ||||||
12 | status
(broker, salesperson, or leasing agent). Each licensee | ||||||
13 | shall carry on his or
her person his or her
pocket card or, if | ||||||
14 | such pocket card has not yet been issued, a properly issued
| ||||||
15 | sponsor card when
engaging in any licensed activity and shall | ||||||
16 | display the same on demand.
| ||||||
17 | (c) Any managing broker, broker, salesperson or leasing | ||||||
18 | agent whose license under this Act has expired shall be | ||||||
19 | eligible to renew the license during the 2-year period | ||||||
20 | following the expiration date, provided the managing broker, | ||||||
21 | broker, salesperson or leasing agent pays the fees as | ||||||
22 | prescribed by rule and completes continuing education and other | ||||||
23 | requirements provided for by the Act or by rule. A managing | ||||||
24 | broker, broker, salesperson or leasing agent whose license has | ||||||
25 | been expired for more than 2 years shall be required to meet | ||||||
26 | the requirements for a new license. Any person licensed as a |
| |||||||
| |||||||
1 | broker shall be entitled at any renewal date to change his or | ||||||
2 | her license status from broker to salesperson.
| ||||||
3 | (d) Notwithstanding any other provisions of this Act to the | ||||||
4 | contrary, any managing broker, broker, salesperson or leasing | ||||||
5 | agent whose license expired while he or she was (i) on active | ||||||
6 | duty with the Armed Forces of the United States or called into | ||||||
7 | service or training by the state militia, (ii) engaged in | ||||||
8 | training or education under the supervision of the United | ||||||
9 | States preliminary to induction into military service, or (iii) | ||||||
10 | serving as the Coordinator of Real Estate in the State of | ||||||
11 | Illinois or as an employee of the Department may have his or | ||||||
12 | her license renewed, reinstated or restored without paying any | ||||||
13 | lapsed renewal fees if within 2 years after the termination of | ||||||
14 | the service, training or education by furnishing the Department | ||||||
15 | with satisfactory evidence of service, training, or education | ||||||
16 | and it has been terminated under honorable conditions. | ||||||
17 | (e) The Department shall establish and
maintain a register | ||||||
18 | of all persons currently licensed by the
State and shall issue | ||||||
19 | and prescribe a form of pocket card. Upon payment by a licensee | ||||||
20 | of the appropriate fee as prescribed by
rule for engagement in | ||||||
21 | the activity for which the licensee is
qualified and holds a | ||||||
22 | license for the current period, the
Department shall issue a | ||||||
23 | pocket card to the licensee. The
pocket card shall be | ||||||
24 | verification that the required fee for the
current period has | ||||||
25 | been paid and shall indicate that the person named thereon is | ||||||
26 | licensed for the current renewal period as a
managing broker, |
| |||||||
| |||||||
1 | broker, salesperson, or leasing agent as the
case may be. The | ||||||
2 | pocket card shall further indicate that the
person named | ||||||
3 | thereon is authorized by the Department to
engage in the | ||||||
4 | licensed activity appropriate for his or her
status (managing | ||||||
5 | broker, broker, salesperson, or leasing
agent). Each licensee | ||||||
6 | shall carry on his or her person his or
her pocket card or, if | ||||||
7 | such pocket card has not yet been
issued, a properly issued | ||||||
8 | sponsor card when engaging in any
licensed activity and shall | ||||||
9 | display the same on demand. | ||||||
10 | (f) The Department shall provide to the sponsoring broker a | ||||||
11 | notice of renewal for all sponsored licensees by mailing the | ||||||
12 | notice to the sponsoring broker's address of record, or, at the | ||||||
13 | Department's discretion, by an electronic means as provided for | ||||||
14 | by rule. | ||||||
15 | (g) Upon request from the sponsoring broker, the Department | ||||||
16 | shall make available to the sponsoring broker, either by mail | ||||||
17 | or by an electronic means at the discretion of the Department, | ||||||
18 | a listing of licensees under this Act who, according to the | ||||||
19 | records of the Department, are sponsored by that broker. Every | ||||||
20 | licensee associated with or employed by a broker whose license | ||||||
21 | is revoked, suspended, terminated, or expired shall be | ||||||
22 | considered as inoperative until such time as the sponsoring | ||||||
23 | broker's license is reinstated or renewed, or the licensee | ||||||
24 | changes employment as set forth in subsection (c) of Section | ||||||
25 | 5-40 of this Act. | ||||||
26 | (Source: P.A. 93-957, eff. 8-19-04.)
|
| |||||||
| |||||||
1 | (225 ILCS 454/5-60)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 5-60.
Managing broker Broker licensed in another | ||||||
4 | state; broker licensed in another state; nonresident | ||||||
5 | salesperson licensed in another state ;
reciprocal agreements; | ||||||
6 | agent
for service
of process.
| ||||||
7 | (a) Effective May 1, 2011, a managing broker's license may | ||||||
8 | be issued by the Department to a managing broker or its | ||||||
9 | equivalent licensed under the laws of another state of the | ||||||
10 | United States, under the following conditions: | ||||||
11 | (1) the managing broker holds a managing broker's | ||||||
12 | license in a state that has entered into a reciprocal | ||||||
13 | agreement with the Department; | ||||||
14 | (2) the standards for that state for licensing as a | ||||||
15 | managing broker are substantially equal to or greater than | ||||||
16 | the minimum standards in the State of Illinois; | ||||||
17 | (3) the managing broker has been actively practicing as | ||||||
18 | a managing broker in the managing broker's state of | ||||||
19 | licensure for a period of not less than 2 years, | ||||||
20 | immediately prior to the date of application; | ||||||
21 | (4) the managing broker furnishes the Department with a | ||||||
22 | statement under seal of the proper licensing authority of | ||||||
23 | the state in which the managing broker is licensed showing | ||||||
24 | that the managing broker has an active managing broker's | ||||||
25 | license, that the managing broker is in good standing, and |
| |||||||
| |||||||
1 | that no complaints are pending against the managing broker | ||||||
2 | in that state; | ||||||
3 | (5) the managing broker passes a test on Illinois | ||||||
4 | specific real estate brokerage laws; and | ||||||
5 | (6) the managing broker was licensed by an examination | ||||||
6 | in the state that has entered into a reciprocal agreement | ||||||
7 | with the Department. | ||||||
8 | (b) A broker's license may be issued by the Department OBRE | ||||||
9 | to a broker or its equivalent licensed under the
laws of | ||||||
10 | another
state of the United States, under the following | ||||||
11 | conditions:
| ||||||
12 | (1) the broker
holds a broker's license in a state that | ||||||
13 | has entered into a reciprocal agreement with the Department
| ||||||
14 | his or her state of domicile ;
| ||||||
15 | (2) the standards for that state for licensing as
a | ||||||
16 | broker are substantially
equivalent to or greater than the | ||||||
17 | minimum standards in the State of Illinois;
| ||||||
18 | (3) if the application is made prior to May 1, 2012, | ||||||
19 | then the broker has been
actively practicing as a broker in | ||||||
20 | the broker's state of licensure domicile for a period
of | ||||||
21 | not less than 2 years,
immediately prior to the date of | ||||||
22 | application;
| ||||||
23 | (4) the broker furnishes the Department OBRE with a | ||||||
24 | statement under
seal of the proper licensing authority of | ||||||
25 | the state in which the broker is
licensed showing that the
| ||||||
26 | broker has an active broker's license, that the broker is |
| |||||||
| |||||||
1 | in good standing, and
that no
complaints are pending | ||||||
2 | against
the broker in that state;
| ||||||
3 | (5) the broker completes a course of education
and | ||||||
4 | passes a test on
Illinois specific real estate brokerage | ||||||
5 | laws; and
| ||||||
6 | (6) the broker was licensed by an examination in a | ||||||
7 | state that has entered into OBRE has a reciprocal agreement | ||||||
8 | with the Department that state that includes the
provisions | ||||||
9 | of this Section .
| ||||||
10 | (c) (b) Prior to May 1, 2011, a salesperson A nonresident | ||||||
11 | salesperson employed by or associated with a nonresident
broker | ||||||
12 | holding a
broker's license in this State pursuant to this | ||||||
13 | Section may, in the discretion
of the Department OBRE , be | ||||||
14 | issued a
nonresident salesperson's license under the | ||||||
15 | nonresident broker provided all of
the following
conditions are | ||||||
16 | met:
| ||||||
17 | (1) the salesperson maintains an active license in the | ||||||
18 | state that has entered into a reciprocal agreement with the | ||||||
19 | Department in which he
or she is
domiciled ;
| ||||||
20 | (2) the salesperson passes a test on Illinois specific | ||||||
21 | real estate brokerage laws; and is domiciled in the same | ||||||
22 | state as the broker with whom
he or she is
associated ;
| ||||||
23 | (3) the salesperson was licensed by an examination in | ||||||
24 | the state that has entered into a reciprocal agreement with | ||||||
25 | the Department. completes a course of education and passes
| ||||||
26 | a test on Illinois
specific real estate brokerage laws; and
|
| |||||||
| |||||||
1 | (4) OBRE has a reciprocal agreement with that state | ||||||
2 | that includes the
provisions of this Section.
| ||||||
3 | The nonresident broker with whom the
salesperson is
| ||||||
4 | associated shall comply with the provisions of this Act and | ||||||
5 | issue the
salesperson a sponsor card
upon the form provided by | ||||||
6 | the Department OBRE .
| ||||||
7 | (d) (c) As a condition precedent to the issuance of a | ||||||
8 | license to a managing broker, nonresident
broker , or | ||||||
9 | salesperson pursuant to this Section ,
the managing broker or | ||||||
10 | salesperson shall agree in writing to abide by all the | ||||||
11 | provisions
of this Act with
respect to his or her real estate | ||||||
12 | activities within the State of Illinois and
submit to the | ||||||
13 | jurisdiction of the Department
OBRE as provided in this Act. | ||||||
14 | The agreement shall be filed with the Department OBRE and shall
| ||||||
15 | remain in force
for so long as the managing broker, nonresident | ||||||
16 | broker or salesperson is licensed by this State
and thereafter | ||||||
17 | with
respect to acts or omissions committed while licensed as a | ||||||
18 | broker or
salesperson in this State.
| ||||||
19 | (e) (d) Prior to the issuance of any license to any | ||||||
20 | managing broker, broker, or salesperson licensed pursuant to | ||||||
21 | this Section nonresident , verification of
active licensure | ||||||
22 | issued
for the conduct of such business in any other state must | ||||||
23 | be filed with the Department OBRE by
the managing broker, | ||||||
24 | broker, or salesperson nonresident ,
and the same fees must be | ||||||
25 | paid as provided in this Act for the obtaining of a
managing | ||||||
26 | broker's, broker's or
salesperson's license in this State.
|
| |||||||
| |||||||
1 | (f) (e) Licenses previously granted under reciprocal | ||||||
2 | agreements with other
states shall remain in
force so long as | ||||||
3 | the Department OBRE has a reciprocal agreement with the state | ||||||
4 | that includes
the requirements of this Section, unless
that | ||||||
5 | license is suspended, revoked, or terminated by the Department | ||||||
6 | OBRE for any reason
provided for
suspension, revocation, or
| ||||||
7 | termination of a resident licensee's license. Licenses granted | ||||||
8 | under
reciprocal agreements may be
renewed in the same manner | ||||||
9 | as a resident's license.
| ||||||
10 | (g) (f) Prior to the issuance of a license to a nonresident | ||||||
11 | managing broker, broker or
salesperson, the managing broker, | ||||||
12 | broker or
salesperson shall file with the Department OBRE a | ||||||
13 | designation in writing that appoints the Secretary
| ||||||
14 | Commissioner to act as
his or her agent upon whom all judicial | ||||||
15 | and other process or legal notices
directed to the managing | ||||||
16 | broker, broker or
salesperson may be served. Service upon the | ||||||
17 | agent so designated shall be
equivalent to personal
service | ||||||
18 | upon the licensee. Copies of the appointment, certified by the | ||||||
19 | Secretary
Commissioner , shall be
deemed sufficient evidence | ||||||
20 | thereof and shall be admitted in evidence with the
same force | ||||||
21 | and effect
as the original thereof might be admitted. In the | ||||||
22 | written designation, the managing broker,
broker or | ||||||
23 | salesperson
shall agree that any lawful process against the | ||||||
24 | licensee that is served upon
the agent shall be of
the same | ||||||
25 | legal force and validity as if served upon the licensee and | ||||||
26 | that the
authority shall continue
in force so long as any |
| |||||||
| |||||||
1 | liability remains outstanding in this State. Upon the
receipt | ||||||
2 | of any process or notice, the Secretary Commissioner
shall | ||||||
3 | forthwith mail a copy of the same by certified mail to the last | ||||||
4 | known
business address of the
licensee.
| ||||||
5 | (h) (g) Any person holding a valid license under this | ||||||
6 | Section shall be eligible
to obtain a resident managing | ||||||
7 | broker's license, a
broker's license, or , prior to May 1, 2011, | ||||||
8 | a salesperson's license without examination should that person | ||||||
9 | change
their state of
domicile to Illinois and that person | ||||||
10 | otherwise meets the qualifications for or
licensure under this | ||||||
11 | Act.
| ||||||
12 | (Source: P.A. 91-245, eff. 12-31-99; 91-702, eff. 5-12-00.)
| ||||||
13 | (225 ILCS 454/5-65)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
15 | Sec. 5-65. Fees. The Department OBRE shall provide by rule | ||||||
16 | for fees to be paid by applicants and licensees to
cover the | ||||||
17 | reasonable
costs of the Department OBRE in administering and | ||||||
18 | enforcing the provisions of this Act. The Department OBRE
may | ||||||
19 | also provide
by rule for general fees to cover the reasonable | ||||||
20 | expenses of carrying out other
functions and
responsibilities | ||||||
21 | under this Act.
| ||||||
22 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
23 | (225 ILCS 454/5-70)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2010)
|
| |||||||
| |||||||
1 | Sec. 5-70. Continuing education requirement; managing | ||||||
2 | broker, broker , or salesperson.
| ||||||
3 | (a) The requirements of this Section apply to all managing | ||||||
4 | brokers, brokers, and salespersons licensees .
| ||||||
5 | (b) Except as otherwise
provided in this Section, each
| ||||||
6 | person who applies for renewal of his or her license as a | ||||||
7 | managing broker, real
estate broker , or real
estate salesperson | ||||||
8 | must successfully complete 6 hours of real estate continuing | ||||||
9 | education
courses approved by
the Advisory Council for each | ||||||
10 | year of the pre-renewal period. Broker licensees must | ||||||
11 | successfully complete a 6-hour broker management continuing | ||||||
12 | education course approved by the Department for the pre-renewal | ||||||
13 | period ending April 30, 2010 at the rate of 6 hours per year or | ||||||
14 | its equivalent . In addition, beginning with the pre-renewal | ||||||
15 | period for managing broker licensees that begins after the | ||||||
16 | effective date of this Act, those licensees renewing or | ||||||
17 | obtaining a managing amendatory Act of the 93rd General | ||||||
18 | Assembly, to renew a real estate broker's license , the licensee | ||||||
19 | must successfully complete a 12-hour 6-hour broker management | ||||||
20 | continuing education course approved by Department each | ||||||
21 | pre-renewal period. The broker management continuing education | ||||||
22 | course must be completed in the classroom or by other | ||||||
23 | interactive delivery method presenting instruction and real | ||||||
24 | time discussion between the instructor and the students OBRE . | ||||||
25 | Successful completion of the course shall include achieving a | ||||||
26 | passing score as provided by rule on a test developed and |
| |||||||
| |||||||
1 | administered in accordance with rules adopted by the Department | ||||||
2 | OBRE. Beginning on the first day of the pre-renewal period for | ||||||
3 | broker licensees that begins after the effective date of this | ||||||
4 | amendatory Act of the 93rd General Assembly, the 6-hour broker | ||||||
5 | management continuing education course must be completed by all | ||||||
6 | persons receiving their initial broker's license within 180 | ||||||
7 | days after the date of initial licensure as a broker . No
| ||||||
8 | license may be renewed
except upon the successful completion of | ||||||
9 | the required courses or their
equivalent or upon a waiver
of | ||||||
10 | those requirements for good cause shown as determined by the | ||||||
11 | Secretary Commissioner
with the
recommendation of the Advisory | ||||||
12 | Council.
The requirements of this Article are applicable to all | ||||||
13 | managing brokers, brokers , and salespersons
except those | ||||||
14 | brokers
and salespersons who, during the pre-renewal period:
| ||||||
15 | (1) serve in the armed services of the United States;
| ||||||
16 | (2) serve as an elected State or federal official;
| ||||||
17 | (3) serve as a full-time employee of the Department | ||||||
18 | OBRE ; or
| ||||||
19 | (4) are admitted to practice law pursuant to Illinois | ||||||
20 | Supreme Court rule.
| ||||||
21 | (c) A person licensed as a salesperson as of April 30, 2011 | ||||||
22 | who is issued an initial license as a real estate salesperson
| ||||||
23 | less than one year prior
to the expiration date of that license | ||||||
24 | shall not be required to complete the 18 hours of continuing | ||||||
25 | education for the pre-renewal period ending April 30, 2012 if | ||||||
26 | that person takes the 30-hour post-licensing course to obtain a |
| |||||||
| |||||||
1 | broker's license. A person licensed as a broker as of April 30, | ||||||
2 | 2011 shall not be required to complete the 12 hours of broker | ||||||
3 | management continuing education for the pre-renewal period | ||||||
4 | ending April 30, 2012, unless that person passes the | ||||||
5 | proficiency exam provided for in Section 5-47 of this Act to | ||||||
6 | qualify for a managing broker's license
continuing education as | ||||||
7 | a
condition of license renewal. A person who is issued an | ||||||
8 | initial license as a
real estate broker less
than one year | ||||||
9 | prior to the expiration date of that license and who has not | ||||||
10 | been
licensed as a real estate
salesperson during the | ||||||
11 | pre-renewal period shall not be required to complete
continuing | ||||||
12 | education as
a condition of license renewal . | ||||||
13 | (d) A
person receiving an initial license as a real estate | ||||||
14 | broker
during the 90 days before the broker renewal date shall | ||||||
15 | not be
required to complete the broker management continuing
| ||||||
16 | education courses course provided for in subsection (b) of this
| ||||||
17 | Section as a condition of initial license renewal.
| ||||||
18 | (e) (d) The continuing education requirement for | ||||||
19 | salespersons , brokers and managing brokers shall
consist of a | ||||||
20 | core
curriculum and an elective curriculum, to be established | ||||||
21 | by the Advisory
Council. In meeting the
continuing education | ||||||
22 | requirements of this Act, at least 3 hours per year or
their | ||||||
23 | equivalent , 6 hours for each two-year pre-renewal period, shall
| ||||||
24 | be required to be completed in the core curriculum.
In | ||||||
25 | establishing the core curriculum, the Advisory Council shall | ||||||
26 | consider
subjects that will
educate licensees on recent changes |
| |||||||
| |||||||
1 | in applicable laws and new laws and refresh
the licensee on | ||||||
2 | areas
of the license law and the Department OBRE policy that | ||||||
3 | the Advisory Council deems appropriate,
and any other
areas | ||||||
4 | that the Advisory Council deems timely and applicable in order | ||||||
5 | to prevent
violations of this Act
and to protect the public.
In | ||||||
6 | establishing the elective curriculum, the Advisory Council | ||||||
7 | shall consider
subjects that cover
the various aspects of the | ||||||
8 | practice of real estate that are covered under the
scope of | ||||||
9 | this Act.
However, the elective curriculum shall not include | ||||||
10 | any offerings referred to in
Section 5-85 of this Act.
| ||||||
11 | (f) (e) The subject areas of continuing education courses | ||||||
12 | approved by the
Advisory Council may
include without limitation | ||||||
13 | the following:
| ||||||
14 | (1) license law and escrow;
| ||||||
15 | (2) antitrust;
| ||||||
16 | (3) fair housing;
| ||||||
17 | (4) agency;
| ||||||
18 | (5) appraisal;
| ||||||
19 | (6) property management;
| ||||||
20 | (7) residential brokerage;
| ||||||
21 | (8) farm property management;
| ||||||
22 | (9) rights and duties of sellers, buyers, and brokers;
| ||||||
23 | (10) commercial brokerage and leasing; and
| ||||||
24 | (11) real estate financing.
| ||||||
25 | (g) (f) In lieu of credit for those courses listed in | ||||||
26 | subsection (f) (e) of this
Section, credit may be
earned for |
| |||||||
| |||||||
1 | serving as a licensed instructor in an approved course of | ||||||
2 | continuing
education. The
amount of credit earned for teaching | ||||||
3 | a course shall be the amount of continuing
education credit for
| ||||||
4 | which the course is approved for licensees taking the course.
| ||||||
5 | (h) (g) Credit hours may be earned for self-study programs | ||||||
6 | approved by the
Advisory Council.
| ||||||
7 | (i) (h) A broker or salesperson may earn credit for a | ||||||
8 | specific continuing
education course only
once during the | ||||||
9 | prerenewal period.
| ||||||
10 | (j) (i) No more than 6 hours of continuing education credit | ||||||
11 | may be taken or earned in one
calendar day.
| ||||||
12 | (k) (j) To promote the offering of a uniform and consistent | ||||||
13 | course content, the Department OBRE may provide for the | ||||||
14 | development of a single broker management course to be offered | ||||||
15 | by all continuing education providers who choose to offer the | ||||||
16 | broker management continuing education course. The Department | ||||||
17 | OBRE may contract for the development of the 6-hour broker | ||||||
18 | management continuing education course with an outside vendor | ||||||
19 | or consultant and, if the course is developed in this manner, | ||||||
20 | the Department or the outside consultant OBRE shall license the | ||||||
21 | use of that course to all approved continuing education | ||||||
22 | providers who wish to provide the course.
| ||||||
23 | (l) Except as specifically provided in this Act, continuing | ||||||
24 | education credit hours may not be earned for completion of pre | ||||||
25 | or post-license courses. The approved 30-hour post-license | ||||||
26 | course for broker licensees shall satisfy the continuing |
| |||||||
| |||||||
1 | education requirement for the pre-renewal period in which the | ||||||
2 | course is taken. The approved 45-hour brokerage administration | ||||||
3 | and management course shall satisfy the 12-hour broker | ||||||
4 | management continuing education requirement for the | ||||||
5 | pre-renewal period in which the course is taken. | ||||||
6 | (Source: P.A. 93-957, eff. 8-19-04.)
| ||||||
7 | (225 ILCS 454/5-80)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
9 | Sec. 5-80. Evidence of compliance with continuing | ||||||
10 | education requirements.
| ||||||
11 | (a) Each renewal applicant shall certify, on his or her | ||||||
12 | renewal application,
full compliance with
continuing education | ||||||
13 | requirements set forth in Section 5-70. The continuing
| ||||||
14 | education school shall
retain and submit to the Department OBRE | ||||||
15 | after the completion of each course evidence of those
| ||||||
16 | successfully
completing the course as provided by rule.
| ||||||
17 | (b) The Department OBRE may require additional evidence | ||||||
18 | demonstrating compliance with the
continuing
education | ||||||
19 | requirements. The renewal applicant shall retain and produce | ||||||
20 | the
evidence of
compliance upon request of the Department OBRE .
| ||||||
21 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
22 | (225 ILCS 454/5-85)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
24 | Sec. 5-85. Offerings not meeting continuing education |
| |||||||
| |||||||
1 | requirements. The following offerings do not meet the | ||||||
2 | continuing education requirements:
| ||||||
3 | (1) Examination preparation offerings, except as | ||||||
4 | provided in Section 5-70
of this Act.
| ||||||
5 | (2) Offerings in mechanical office and business skills | ||||||
6 | such as typing,
speed reading, memory
improvement, | ||||||
7 | advertising, or psychology of sales.
| ||||||
8 | (3) Sales promotion or other meetings held in | ||||||
9 | conjunction with the general
business of the
attendee or | ||||||
10 | his or her employer.
| ||||||
11 | (4) Meetings that are a normal part of in-house staff | ||||||
12 | or employee
training.
| ||||||
13 | The offerings listed in this Section do not limit the | ||||||
14 | Advisory Council's
authority to
disapprove any course
that | ||||||
15 | fails to meet the standards of this Article 5 or rules adopted | ||||||
16 | by the Department OBRE .
| ||||||
17 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
18 | (225 ILCS 454/10-15)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
20 | Sec. 10-15.
No compensation to persons in violation of Act; | ||||||
21 | compensation
to unlicensed
persons; consumer.
| ||||||
22 | (a) No compensation may be paid to any unlicensed person in | ||||||
23 | exchange for the
person
performing licensed activities in | ||||||
24 | violation of this Act.
| ||||||
25 | (b) No action or suit shall be instituted, nor recovery |
| |||||||
| |||||||
1 | therein be had, in
any court of this State
by any person, | ||||||
2 | partnership, registered limited liability partnership, limited
| ||||||
3 | liability company, or
corporation for compensation for any act | ||||||
4 | done or service performed, the doing
or performing of
which is | ||||||
5 | prohibited by this Act to other than licensed managing brokers, | ||||||
6 | brokers, salespersons,
or leasing agents unless
the person, | ||||||
7 | partnership, registered limited liability partnership, limited
| ||||||
8 | liability company, or corporation was duly
licensed hereunder | ||||||
9 | as a managing broker,
broker, salesperson, or leasing agent | ||||||
10 | under this Act at the time that any such
act was done or | ||||||
11 | service
performed that would give rise to a cause of action for | ||||||
12 | compensation.
| ||||||
13 | (c) A licensee may offer compensation, including prizes, | ||||||
14 | merchandise,
services, rebates,
discounts, or other | ||||||
15 | consideration to an unlicensed person who is a party to a
| ||||||
16 | contract to buy or sell
real estate or is a party to a contract | ||||||
17 | for the lease of real estate, so long
as the offer complies | ||||||
18 | with
the provisions of subdivision (35) (26) of subsection (a) | ||||||
19 | (h) of Section 20-20 of this
Act.
| ||||||
20 | (d) A licensee may offer cash, gifts, prizes, awards, | ||||||
21 | coupons, merchandise,
rebates or chances
to win a game of | ||||||
22 | chance, if not prohibited by any other law or statute,
to a | ||||||
23 | consumer as an
inducement to that consumer to use the services | ||||||
24 | of the licensee even if the
licensee and consumer
do not | ||||||
25 | ultimately enter into a broker-client relationship so long as | ||||||
26 | the offer
complies with the
provisions of subdivision (35) (26) |
| |||||||
| |||||||
1 | of subsection (a) (h) of Section 20-20 of this Act.
| ||||||
2 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
3 | (225 ILCS 454/10-30)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
5 | Sec. 10-30. Advertising.
| ||||||
6 | (a) No advertising , whether in print, via the Internet, or | ||||||
7 | through any other media, shall be fraudulent, deceptive, | ||||||
8 | inherently misleading, or
proven to be
misleading in practice. | ||||||
9 | Advertising It shall be considered misleading or untruthful if,
| ||||||
10 | when taken as a whole,
there is a distinct and reasonable | ||||||
11 | possibility that it will be misunderstood or
will deceive the
| ||||||
12 | ordinary purchaser, seller, lessee, lessor, or owner. | ||||||
13 | Advertising shall
contain all information
necessary to | ||||||
14 | communicate the information contained therein to the public in | ||||||
15 | an accurate, a
direct , and readily
comprehensible manner.
| ||||||
16 | (b) No blind advertisements may be used
by any licensee , in | ||||||
17 | any media, except as provided for in this Section.
| ||||||
18 | (c) A licensee shall disclose, in writing, to all parties | ||||||
19 | in a transaction
his or her status as a
licensee and any and | ||||||
20 | all interest the licensee has or may have in the real
estate | ||||||
21 | constituting the
subject matter thereof, directly or | ||||||
22 | indirectly, according to the following
guidelines:
| ||||||
23 | (1) On broker yard signs or in broker advertisements, | ||||||
24 | no disclosure of
ownership is
necessary. However, the | ||||||
25 | ownership shall be indicated on any property data
form and |
| |||||||
| |||||||
1 | disclosed to
persons responding to any advertisement or any | ||||||
2 | sign. The term "broker owned"
or "agent owned"
is | ||||||
3 | sufficient disclosure.
| ||||||
4 | (2) A sponsored or inoperative licensee selling or | ||||||
5 | leasing property, owned
solely by the
sponsored or | ||||||
6 | inoperative licensee, without utilizing brokerage services | ||||||
7 | of
their sponsoring broker or
any other licensee, may | ||||||
8 | advertise "By Owner". For purposes of this Section,
| ||||||
9 | property is "solely
owned" by a sponsored or inoperative | ||||||
10 | licensee if he or she (i) has a
100% ownership interest
| ||||||
11 | alone, (ii) has ownership as a joint tenant or tenant by | ||||||
12 | the entirety, or
(iii) holds a
100% beneficial
interest in | ||||||
13 | a land trust. Sponsored or inoperative licensees selling or
| ||||||
14 | leasing "By Owner" shall
comply with the following if | ||||||
15 | advertising by owner:
| ||||||
16 | (A) On "By Owner" yard signs, the sponsored or | ||||||
17 | inoperative licensee
shall
indicate "broker owned" or | ||||||
18 | "agent owned." "By Owner" advertisements used in
any | ||||||
19 | medium of
advertising shall include the term "broker | ||||||
20 | owned" or "agent owned."
| ||||||
21 | (B) If a sponsored or inoperative licensee runs | ||||||
22 | advertisements, for the
purpose of
purchasing or | ||||||
23 | leasing real estate, he or she shall disclose in the
| ||||||
24 | advertisements his or her status as a
licensee.
| ||||||
25 | (C) A sponsored or inoperative licensee shall not | ||||||
26 | use the sponsoring
broker's name or
the sponsoring |
| |||||||
| |||||||
1 | broker's company name in connection with the sale, | ||||||
2 | lease, or
advertisement of the
property nor utilize the | ||||||
3 | sponsoring broker's or company's name in connection
| ||||||
4 | with the sale, lease, or
advertising of the property in | ||||||
5 | a manner likely to create confusion among the
public as | ||||||
6 | to whether or
not the services of a real estate company | ||||||
7 | are being utilized or whether or not
a real estate | ||||||
8 | company
has an ownership interest in the property.
| ||||||
9 | (d) A sponsored licensee may not advertise under his or her | ||||||
10 | own name.
Advertising in any media shall be
under the direct | ||||||
11 | supervision of the sponsoring or managing broker and in the
| ||||||
12 | sponsoring broker's
business name, which in the case of a | ||||||
13 | franchise shall include the franchise
affiliation as well as | ||||||
14 | the
name of the individual firm.
This provision does not apply | ||||||
15 | under the following circumstances:
| ||||||
16 | (1) When a licensee enters into a brokerage agreement | ||||||
17 | relating to his or
her own
real estate, or real estate in | ||||||
18 | which he or she has an ownership interest, with
another | ||||||
19 | licensed broker; or
| ||||||
20 | (2) When a licensee is selling or leasing his or her | ||||||
21 | own real estate or
buying or
leasing real estate for | ||||||
22 | himself or herself, after providing the appropriate
| ||||||
23 | written disclosure of his or her ownership interest as | ||||||
24 | required in paragraph
(2) of subsection
(c) of this | ||||||
25 | Section.
| ||||||
26 | (e) No licensee shall list his or her name under the |
| |||||||
| |||||||
1 | heading or title "Real
Estate" in the
telephone directory or | ||||||
2 | otherwise advertise in his or her own name to the
general | ||||||
3 | public through any
medium of advertising as being in the real | ||||||
4 | estate business without listing his
or her sponsoring
broker's | ||||||
5 | business name.
| ||||||
6 | (f) The sponsoring broker's business name and the name of | ||||||
7 | the licensee must
appear in all
advertisements, including | ||||||
8 | business cards. Nothing in this Act shall be
construed to | ||||||
9 | require specific
print size as between the broker's business | ||||||
10 | name and the name of the licensee.
| ||||||
11 | (g) Those individuals licensed as a managing broker and | ||||||
12 | designated with the Department as a managing broker by their | ||||||
13 | sponsoring broker shall identify themselves to the public in | ||||||
14 | advertising as a managing broker. No other individuals holding | ||||||
15 | a managing broker's license may hold themselves out to the | ||||||
16 | public or other licensees as a managing broker. | ||||||
17 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
18 | (225 ILCS 454/10-35 new) | ||||||
19 | Sec. 10-35. Internet and related advertising. | ||||||
20 | (a) Licensees intending to sell or share consumer | ||||||
21 | information gathered from or through the Internet or other | ||||||
22 | electronic communication media shall disclose that intention | ||||||
23 | to consumers in a timely and readily apparent manner. | ||||||
24 | (b) A licensee using Internet or other similar electronic | ||||||
25 | advertising media must not: |
| |||||||
| |||||||
1 | (1) use a URL or domain name that is deceptive or | ||||||
2 | misleading; | ||||||
3 | (2) deceptively or without authorization frame another | ||||||
4 | real estate brokerage or multiple listing service website; | ||||||
5 | or | ||||||
6 | (3) engage in the deceptive use of metatags, keywords | ||||||
7 | or other devices and methods to direct, drive or divert | ||||||
8 | Internet traffic or otherwise mislead consumers. | ||||||
9 | (225 ILCS 454/10-40 new) | ||||||
10 | Sec. 10-40. Company policy. Every brokerage company or | ||||||
11 | entity, other than a sole proprietorship with no other | ||||||
12 | sponsored licensees, shall adopt a company or office policy | ||||||
13 | dealing with topics such as: | ||||||
14 | (1) the agency policy of the entity; | ||||||
15 | (2) fair housing, nondiscrimination and harassment; | ||||||
16 | (3) confidentiality of client information; | ||||||
17 | (4) advertising; | ||||||
18 | (5) training and supervision of sponsored licensees; | ||||||
19 | (6) required disclosures and use of forms; | ||||||
20 | (7) handling of risk management matters; and | ||||||
21 | (8) handling of earnest money and escrows. | ||||||
22 | These topics are provided as an example and are not | ||||||
23 | intended to be inclusive or exclusive of other topics.
| ||||||
24 | (225 ILCS 454/15-15)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
2 | Sec. 15-15. Duties of licensees representing clients.
| ||||||
3 | (a) A licensee representing a client shall:
| ||||||
4 | (1) Perform the terms of the brokerage agreement | ||||||
5 | between a broker and the
client.
| ||||||
6 | (2) Promote the best interest of the client by:
| ||||||
7 | (A) Seeking a transaction at the price and terms | ||||||
8 | stated in the brokerage
agreement or at a price and | ||||||
9 | terms otherwise acceptable to the client.
| ||||||
10 | (B) Timely presenting all offers to and from the | ||||||
11 | client, unless the
client
has
waived this duty.
| ||||||
12 | (C) Disclosing to the client material facts | ||||||
13 | concerning the transaction
of
which
the licensee has | ||||||
14 | actual knowledge, unless that information is | ||||||
15 | confidential
information. Material facts do not
| ||||||
16 | include the following when located on or related to | ||||||
17 | real estate that is not
the subject of the transaction: | ||||||
18 | (i) physical conditions that do not have a
substantial | ||||||
19 | adverse effect on the value of the real estate, (ii) | ||||||
20 | fact
situations, or (iii) occurrences.
| ||||||
21 | (D) Timely accounting for all money and property | ||||||
22 | received in which the
client
has, may have, or should | ||||||
23 | have had an interest.
| ||||||
24 | (E) Obeying specific directions of the client that | ||||||
25 | are not otherwise
contrary to
applicable statutes, | ||||||
26 | ordinances, or rules.
|
| |||||||
| |||||||
1 | (F) Acting in a manner consistent with promoting | ||||||
2 | the client's best
interests as
opposed to a licensee's | ||||||
3 | or any other person's self-interest.
| ||||||
4 | (3) Exercise reasonable skill and care in the | ||||||
5 | performance of brokerage
services.
| ||||||
6 | (4) Keep confidential all confidential information | ||||||
7 | received from the
client.
| ||||||
8 | (5) Comply with all requirements of this Act and all | ||||||
9 | applicable
statutes
and
regulations, including without | ||||||
10 | limitation fair housing and civil rights
statutes.
| ||||||
11 | (b) A licensee representing a client does not breach a duty | ||||||
12 | or obligation to
the client by
showing alternative properties | ||||||
13 | to prospective buyers or tenants , or by showing
properties in | ||||||
14 | which
the client is interested to other prospective buyers or | ||||||
15 | tenants , or by making or preparing contemporaneous offers or | ||||||
16 | contracts to purchase or lease the same property. However, a | ||||||
17 | licensee shall provide written disclosure to all clients for | ||||||
18 | whom the licensee is preparing or making contemporaneous offers | ||||||
19 | or contracts to purchase or lease the same property and shall | ||||||
20 | refer to another designated agent any client that requests such | ||||||
21 | referral .
| ||||||
22 | (c) A licensee representing a buyer or tenant client will | ||||||
23 | not be presumed to
have breached a
duty or obligation to that | ||||||
24 | client by working on the basis that the licensee
will receive a | ||||||
25 | higher fee or
compensation based on higher selling price or | ||||||
26 | lease cost.
|
| |||||||
| |||||||
1 | (d) A licensee shall not be liable to a client for | ||||||
2 | providing false
information to the client if the
false | ||||||
3 | information was provided to the licensee by a customer unless | ||||||
4 | the
licensee knew or should
have known the information was | ||||||
5 | false.
| ||||||
6 | (e) Nothing in the Section shall be construed as changing a | ||||||
7 | licensee's duty
under common law
as to negligent or fraudulent | ||||||
8 | misrepresentation of material information.
| ||||||
9 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
10 | (225 ILCS 454/15-35)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
12 | Sec. 15-35. Agency relationship disclosure.
| ||||||
13 | (a) A licensee shall advise a consumer in writing shall be | ||||||
14 | advised of the following no
later than beginning to work as a | ||||||
15 | designated agent on behalf of the consumer entering into a | ||||||
16 | brokerage
agreement with the sponsoring broker :
| ||||||
17 | (1) That a designated agency relationship exists, | ||||||
18 | unless there is written
agreement
between the sponsoring | ||||||
19 | broker and the consumer providing for a different
brokerage | ||||||
20 | relationship.
| ||||||
21 | (2) The name or names of his or her designated agent or | ||||||
22 | agents . The written disclosure can be included in a | ||||||
23 | brokerage agreement or be a separate document, a copy of | ||||||
24 | which is retained by the sponsoring broker for the licensee | ||||||
25 | in writing .
|
| |||||||
| |||||||
1 | (b) (3) The licensee representing the consumer shall | ||||||
2 | discuss with the consumer the sponsoring broker's | ||||||
3 | compensation and policy with regard to
cooperating with
| ||||||
4 | brokers who represent other parties in a transaction.
| ||||||
5 | (c) (b) A licensee shall disclose in writing to a customer | ||||||
6 | that the licensee is
not acting as the agent
of the customer at | ||||||
7 | a time intended to prevent disclosure of confidential
| ||||||
8 | information from a
customer to a licensee, but in no event | ||||||
9 | later than the preparation of an offer
to purchase or lease | ||||||
10 | real
property. This subsection (b) does not apply to | ||||||
11 | residential lease or rental
transactions unless the lease
or | ||||||
12 | rental agreement includes an option to purchase real estate.
| ||||||
13 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
14 | (225 ILCS 454/15-45)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
16 | Sec. 15-45. Dual agency.
| ||||||
17 | (a) A licensee may act as a dual agent only with the | ||||||
18 | informed written
consent of all clients.
Informed written | ||||||
19 | consent shall be presumed to have been given by any client who
| ||||||
20 | signs a document
that includes the following:
| ||||||
21 | "The undersigned (insert name(s)), ("Licensee"), may | ||||||
22 | undertake a dual
representation (represent
both the seller | ||||||
23 | or landlord and the buyer or tenant) for the sale or lease | ||||||
24 | of
property. The
undersigned acknowledge they were | ||||||
25 | informed of the possibility of this type of
representation.
|
| |||||||
| |||||||
1 | Before signing this document please read the following:
| ||||||
2 | Representing more than one party to a transaction presents | ||||||
3 | a conflict of
interest since both clients
may rely upon | ||||||
4 | Licensee's advice and the client's respective interests | ||||||
5 | may be
adverse to each other.
Licensee will undertake this | ||||||
6 | representation only with the written consent of
ALL clients | ||||||
7 | in the
transaction.
Any agreement between the clients as to | ||||||
8 | a final contract price and other terms
is a result of
| ||||||
9 | negotiations between the clients acting in their own best | ||||||
10 | interests and on
their own behalf. You
acknowledge that | ||||||
11 | Licensee has explained the implications of dual
| ||||||
12 | representation, including the
risks involved, and | ||||||
13 | understand that you have been advised to seek independent
| ||||||
14 | advice from your
advisors or attorneys before signing any | ||||||
15 | documents in this transaction.
| ||||||
16 | WHAT A LICENSEE CAN DO FOR CLIENTS
| ||||||
17 | WHEN ACTING AS A DUAL AGENT
| ||||||
18 | 1. Treat all clients honestly.
| ||||||
19 | 2. Provide information about the property to the buyer or | ||||||
20 | tenant.
| ||||||
21 | 3. Disclose all latent material defects in the property | ||||||
22 | that are known to
the
Licensee.
| ||||||
23 | 4. Disclose financial qualification of the buyer or tenant | ||||||
24 | to the seller or
landlord.
| ||||||
25 | 5. Explain real estate terms.
| ||||||
26 | 6. Help the buyer or tenant to arrange for property |
| |||||||
| |||||||
1 | inspections.
| ||||||
2 | 7. Explain closing costs and procedures.
| ||||||
3 | 8. Help the buyer compare financing alternatives.
| ||||||
4 | 9. Provide information about comparable properties that | ||||||
5 | have sold so both
clients may
make educated decisions on | ||||||
6 | what price to accept or offer.
| ||||||
7 | WHAT LICENSEE CANNOT DISCLOSE TO CLIENTS WHEN
| ||||||
8 | ACTING AS A DUAL AGENT
| ||||||
9 | 1. Confidential information that Licensee may know about a | ||||||
10 | client,
without that
client's permission.
| ||||||
11 | 2. The price or terms the seller or landlord will take | ||||||
12 | other than the listing price
without
permission of the | ||||||
13 | seller or landlord.
| ||||||
14 | 3. The price or terms the buyer or tenant is willing to pay | ||||||
15 | without permission of the
buyer or tenant.
| ||||||
16 | 4. A recommended or suggested price or terms the buyer or | ||||||
17 | tenant should offer.
| ||||||
18 | 5. A recommended or suggested price or terms the seller or | ||||||
19 | landlord should counter
with or
accept.
| ||||||
20 | If either client is uncomfortable with this disclosure | ||||||
21 | and dual
representation, please
let Licensee know.
You are | ||||||
22 | not required to sign this document unless you want to allow | ||||||
23 | Licensee to
proceed as a Dual Agent in this transaction.
By | ||||||
24 | signing below, you acknowledge that you have read and | ||||||
25 | understand this form
and voluntarily consent to Licensee | ||||||
26 | acting as a Dual Agent (that is, to
represent
BOTH the |
| |||||||
| |||||||
1 | seller or landlord and the buyer or tenant) should that | ||||||
2 | become
necessary."
| ||||||
3 | (b) The dual agency disclosure form provided for in | ||||||
4 | subsection (a) of this
Section must be
presented by a licensee, | ||||||
5 | who offers dual representation, to the client at the
time the | ||||||
6 | brokerage
agreement is entered into and may be signed by the | ||||||
7 | client at that time or at
any time before the
licensee acts as | ||||||
8 | a dual agent as to the client.
| ||||||
9 | (c) A licensee acting in a dual agency capacity in a | ||||||
10 | transaction must obtain
a written
confirmation from the | ||||||
11 | licensee's clients of their prior consent for the
licensee to
| ||||||
12 | act as a dual agent in the
transaction.
This confirmation | ||||||
13 | should be obtained at the time the clients are executing any
| ||||||
14 | offer or contract to
purchase or lease in a transaction in | ||||||
15 | which the licensee is acting as a dual
agent. This confirmation
| ||||||
16 | may be included in another document, such as a contract to | ||||||
17 | purchase, in which
case the client must
not only sign the | ||||||
18 | document but also initial the confirmation of dual agency
| ||||||
19 | provision. That
confirmation must state, at a minimum, the | ||||||
20 | following:
| ||||||
21 | "The undersigned confirm that they have previously | ||||||
22 | consented to (insert
name(s)),
("Licensee"), acting as a | ||||||
23 | Dual Agent in providing brokerage services on their
behalf
| ||||||
24 | and specifically consent to Licensee acting as a Dual Agent | ||||||
25 | in regard to the
transaction referred to in this document."
| ||||||
26 | (d) No cause of action shall arise on behalf of any person |
| |||||||
| |||||||
1 | against a dual
agent for making
disclosures allowed or required | ||||||
2 | by this Article, and the dual agent does not
terminate any | ||||||
3 | agency
relationship by making the allowed or required | ||||||
4 | disclosures.
| ||||||
5 | (e) In the case of dual agency, each client and the | ||||||
6 | licensee possess only
actual knowledge and
information. There | ||||||
7 | shall be no imputation of knowledge or information among or
| ||||||
8 | between clients,
brokers, or their affiliated licensees.
| ||||||
9 | (f) In any transaction, a licensee may without liability | ||||||
10 | withdraw from
representing a client who
has not consented to a | ||||||
11 | disclosed dual agency. The withdrawal shall not
prejudice the | ||||||
12 | ability of the
licensee to continue to represent the other | ||||||
13 | client in the transaction or limit
the licensee from
| ||||||
14 | representing the client in other transactions. When a | ||||||
15 | withdrawal as
contemplated in this subsection
(f) occurs, the | ||||||
16 | licensee shall not receive a referral fee for referring a
| ||||||
17 | client to another licensee unless
written disclosure is made to | ||||||
18 | both the withdrawing client and the client that
continues to be
| ||||||
19 | represented by the licensee.
| ||||||
20 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
21 | (225 ILCS 454/15-65)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
23 | Sec. 15-65. Regulatory enforcement. Nothing contained in | ||||||
24 | this Article limits the Department OBRE in its regulation of | ||||||
25 | licensees
under other Articles of
this Act and the substantive |
| |||||||
| |||||||
1 | rules adopted by the Department OBRE . The Department OBRE , with | ||||||
2 | the advice of
the Board, is
authorized to promulgate any rules | ||||||
3 | that may be necessary for the implementation
and enforcement
of | ||||||
4 | this Article 15.
| ||||||
5 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
6 | (225 ILCS 454/20-5)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
8 | Sec. 20-5. Index of decisions. The Department OBRE shall | ||||||
9 | maintain an index of formal decisions regarding the issuance,
| ||||||
10 | refusal to issue, renewal,
refusal to renew, revocation, and | ||||||
11 | suspension of licenses and probationary or
other disciplinary
| ||||||
12 | action taken under this Act on or after December 31, 1999. The | ||||||
13 | decisions shall
be
indexed according to the
Sections of | ||||||
14 | statutes and the administrative rules, if any, that are the | ||||||
15 | basis
for the decision. The
index shall be available to the | ||||||
16 | public during regular business hours.
| ||||||
17 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
18 | (225 ILCS 454/20-10)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
20 | Sec. 20-10. Unlicensed practice; civil penalty.
| ||||||
21 | (a) Any person who practices, offers to practice, attempts | ||||||
22 | to practice, or
holds oneself out to
practice as a real estate | ||||||
23 | broker, real estate salesperson, or leasing agent
without being | ||||||
24 | licensed under
this Act shall, in addition to any other penalty |
| |||||||
| |||||||
1 | provided by law, pay a civil penalty
fine to the Department | ||||||
2 | OBRE in an
amount not to exceed $25,000 for each offense as | ||||||
3 | determined by the Department OBRE . The civil penalty
fine shall | ||||||
4 | be
assessed by the Department OBRE after a hearing is held in | ||||||
5 | accordance with the provisions set
forth in this Act
regarding | ||||||
6 | the provision of a hearing for the discipline of a license.
| ||||||
7 | (b) The Department OBRE has the authority and power to | ||||||
8 | investigate any and all unlicensed
activity.
| ||||||
9 | (c) The civil penalty fine shall be paid within 60 days | ||||||
10 | after the effective date of
the order imposing the
civil | ||||||
11 | penalty fine . The order shall constitute a judgment judgement | ||||||
12 | and may be filed and
execution had thereon in the
same manner | ||||||
13 | from any court of record.
| ||||||
14 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
15 | (225 ILCS 454/20-20)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
17 | Sec. 20-20. Grounds for discipline Disciplinary actions; | ||||||
18 | causes . | ||||||
19 | (a) The Department OBRE may refuse to issue or renew a | ||||||
20 | license, may place on probation, suspend,
or
revoke any
| ||||||
21 | license, or may censure, reprimand, or take any other | ||||||
22 | disciplinary or non-disciplinary action as the Department may | ||||||
23 | deem proper otherwise discipline or impose a civil
fine not to | ||||||
24 | exceed
$25,000 upon any licensee under this Act or against a | ||||||
25 | licensee in handling his or her own property, whether held by |
| |||||||
| |||||||
1 | deed, option, or otherwise, hereunder for any one or any | ||||||
2 | combination of the
following causes:
| ||||||
3 | (1) Fraud or misrepresentation in applying for, or | ||||||
4 | procuring, a license under this Act or in connection with | ||||||
5 | applying for renewal of a license under this Act. (a) When | ||||||
6 | the applicant or licensee has, by false or fraudulent
| ||||||
7 | representation,
obtained or sought to obtain a license.
| ||||||
8 | (2) The conviction of, plea of guilty or plea of nolo | ||||||
9 | contendre to a felony or misdemeanor (b) When the applicant | ||||||
10 | or licensee has been convicted of any crime , an
essential | ||||||
11 | element of which is dishonesty or fraud or larceny, | ||||||
12 | embezzlement,
or obtaining money, property, or credit by | ||||||
13 | false pretenses or by means of a
confidence
game, in has | ||||||
14 | been convicted in this or another state of a crime that is | ||||||
15 | a felony
under
the laws of this State, or any other | ||||||
16 | jurisdiction has been convicted of a felony in a federal | ||||||
17 | court .
| ||||||
18 | (3) Inability to practice the profession with | ||||||
19 | reasonable judgment, skill, or safety as a result of a | ||||||
20 | physical illness, including, but not limited to, | ||||||
21 | deterioration through the aging process or loss of motor | ||||||
22 | skill, or a mental illness or disability (c) When the | ||||||
23 | applicant or licensee has been adjudged to be a person | ||||||
24 | under
legal
disability or subject to involuntary admission | ||||||
25 | or to meet the standard for
judicial
admission as provided | ||||||
26 | in the Mental Health and Developmental Disabilities Code .
|
| |||||||
| |||||||
1 | (4) Practice under this Act as a (d) When the licensee | ||||||
2 | performs or attempts to perform any act as a broker
or
| ||||||
3 | salesperson in a retail sales establishment from an office, | ||||||
4 | desk, or space that
is not
separated from the main retail | ||||||
5 | business by a separate and distinct area within
the
| ||||||
6 | establishment.
| ||||||
7 | (5) Disciplinary action of another state or | ||||||
8 | jurisdiction against the license or other authorization to | ||||||
9 | practice as a managing broker, broker, salesperson, or | ||||||
10 | leasing agent (e) Discipline of a licensee by another | ||||||
11 | state, the District of Columbia,
a territory,
a foreign | ||||||
12 | nation, a governmental agency, or any other entity | ||||||
13 | authorized to
impose
discipline if at least one of the | ||||||
14 | grounds for that discipline is the same as or
the
| ||||||
15 | equivalent of one of the grounds for discipline set forth | ||||||
16 | in this Act . A certified copy of the record of the action | ||||||
17 | by the other state or jurisdiction shall be prima facie | ||||||
18 | evidence thereof , in which
case the
only issue will be | ||||||
19 | whether one of the grounds for that discipline is the same
| ||||||
20 | or
equivalent to one of the grounds for discipline under | ||||||
21 | this Act .
| ||||||
22 | (6) Engaging in the practice of (f) When the applicant | ||||||
23 | or licensee has engaged in real estate brokerage activity
| ||||||
24 | without a
license or after the licensee's license was | ||||||
25 | expired or while the license was
inoperative.
| ||||||
26 | (7) Cheating on or attempting (g) When the applicant or |
| |||||||
| |||||||
1 | licensee attempts to subvert or cheat on the Real
Estate | ||||||
2 | License Exam or continuing education exam . | ||||||
3 | (8) Aiding or abetting aids and abets an applicant
to
| ||||||
4 | subvert or cheat on the Real Estate License Exam or | ||||||
5 | continuing education exam
administered pursuant to this | ||||||
6 | Act.
| ||||||
7 | (9) Advertising that is inaccurate, misleading, or | ||||||
8 | contrary to the provisions of the Act. (h) When the | ||||||
9 | licensee in performing, attempting to perform, or | ||||||
10 | pretending to
perform any act as a broker, salesperson, or | ||||||
11 | leasing agent or when the
licensee in
handling his or her | ||||||
12 | own property, whether held by deed, option, or otherwise,
| ||||||
13 | is
found
guilty of:
| ||||||
14 | (10) (1) Making any substantial misrepresentation or | ||||||
15 | untruthful advertising.
| ||||||
16 | (11) (2) Making any false promises of a character | ||||||
17 | likely to influence,
persuade,
or induce.
| ||||||
18 | (12) (3) Pursuing a continued and flagrant course of | ||||||
19 | misrepresentation or the
making
of false promises through | ||||||
20 | licensees, employees, agents, advertising, or
otherwise.
| ||||||
21 | (13) (4) Any misleading or untruthful advertising, or | ||||||
22 | using any trade name or
insignia of membership in any real | ||||||
23 | estate organization of which the licensee is
not a member.
| ||||||
24 | (14) (5) Acting for more than one party in a | ||||||
25 | transaction without providing
written
notice to all | ||||||
26 | parties for whom the licensee acts.
|
| |||||||
| |||||||
1 | (15) (6) Representing or attempting to represent a | ||||||
2 | broker other than the
sponsoring broker.
| ||||||
3 | (16) (7) Failure to account for or to remit any moneys | ||||||
4 | or documents coming into
his or her possession that belong | ||||||
5 | to others.
| ||||||
6 | (17) (8) Failure to maintain and deposit in a special | ||||||
7 | account, separate and
apart from
personal and other | ||||||
8 | business accounts, all escrow moneys belonging to others
| ||||||
9 | entrusted to a licensee
while acting as a real estate | ||||||
10 | broker, escrow agent, or temporary custodian of
the funds | ||||||
11 | of others or
failure to maintain all escrow moneys on | ||||||
12 | deposit in the account until the
transactions are
| ||||||
13 | consummated or terminated, except to the extent that the | ||||||
14 | moneys, or any part
thereof, shall be: | ||||||
15 | (A)
disbursed prior to the consummation or | ||||||
16 | termination (i) in accordance with
the
written | ||||||
17 | direction of
the principals to the transaction or their | ||||||
18 | duly authorized agents, (ii) in accordance with
| ||||||
19 | directions providing for the
release, payment, or | ||||||
20 | distribution of escrow moneys contained in any written
| ||||||
21 | contract signed by the
principals to the transaction or | ||||||
22 | their duly authorized agents,
or (iii)
pursuant to an | ||||||
23 | order of a court of competent
jurisdiction; or | ||||||
24 | (B) deemed abandoned and transferred to the Office | ||||||
25 | of the State Treasurer to be handled as unclaimed | ||||||
26 | property pursuant to the Uniform Disposition of |
| |||||||
| |||||||
1 | Unclaimed Property Act. Escrow moneys may be deemed | ||||||
2 | abandoned under this subparagraph (B) only: (i) in the | ||||||
3 | absence of disbursement under subparagraph (A); (ii) | ||||||
4 | in the absence of notice of the filing of any claim in | ||||||
5 | a court of competent jurisdiction; and (iii) if 6 | ||||||
6 | months have elapsed after the receipt of a written | ||||||
7 | demand for the escrow moneys from one of the principals | ||||||
8 | to the transaction or the principal's duly authorized | ||||||
9 | agent.
| ||||||
10 | The account
shall be noninterest
bearing, unless the | ||||||
11 | character of the deposit is such that payment of interest
| ||||||
12 | thereon is otherwise
required by law or unless the | ||||||
13 | principals to the transaction specifically
require, in | ||||||
14 | writing, that the
deposit be placed in an interest bearing | ||||||
15 | account.
| ||||||
16 | (18) (9) Failure to make available to the Department | ||||||
17 | real estate enforcement personnel of
OBRE
during normal | ||||||
18 | business hours all escrow records and related documents
| ||||||
19 | maintained in connection
with the practice of real estate | ||||||
20 | within 24 hours of a request for those
documents by | ||||||
21 | Department OBRE personnel.
| ||||||
22 | (19) (10) Failing to furnish copies upon request of all | ||||||
23 | documents relating to a
real
estate transaction to a party | ||||||
24 | who has executed that document all parties executing them .
| ||||||
25 | (20) (11) Failure of a sponsoring broker to timely | ||||||
26 | provide information, sponsor
cards,
or termination of |
| |||||||
| |||||||
1 | licenses to the Department OBRE .
| ||||||
2 | (21) (12) Engaging in dishonorable, unethical, or | ||||||
3 | unprofessional conduct of a
character
likely to deceive, | ||||||
4 | defraud, or harm the public.
| ||||||
5 | (22) (13) Commingling the money or property of others | ||||||
6 | with his or her own money or property .
| ||||||
7 | (23) (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 | (24) (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 | (25) (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 | (26) (17) Displaying a "for rent" or "for sale" sign on | ||||||
19 | any property without
the written
consent of an owner or his | ||||||
20 | or her duly authorized agent or advertising by any
means | ||||||
21 | that any property is
for sale or for rent without the | ||||||
22 | written consent of the owner or his or her
authorized | ||||||
23 | agent.
| ||||||
24 | (27) (18) Failing to provide information requested by | ||||||
25 | the Department, or otherwise respond to that request OBRE , | ||||||
26 | within 30 days of
the
request , either as the result of a |
| |||||||
| |||||||
1 | formal or informal complaint to OBRE or as a
result of a | ||||||
2 | random
audit conducted by OBRE, which would indicate a | ||||||
3 | violation of this Act .
| ||||||
4 | (28) (19) Advertising by means of a blind | ||||||
5 | advertisement, except as otherwise
permitted in Section | ||||||
6 | 10-30 of this Act.
| ||||||
7 | (29) (20) Offering guaranteed sales plans, as defined | ||||||
8 | in clause (A) of
this subdivision (29) (20) , except to
the | ||||||
9 | extent hereinafter set forth:
| ||||||
10 | (A) A "guaranteed sales plan" is any real estate | ||||||
11 | purchase or sales plan
whereby a licensee enters into a | ||||||
12 | conditional or unconditional written contract
with a | ||||||
13 | seller , prior to entering into a brokerage agreement | ||||||
14 | with the seller, by the
terms of which a licensee | ||||||
15 | agrees to purchase a property of the seller within a
| ||||||
16 | specified period of time
at a specific price in the | ||||||
17 | event the property is not sold in accordance with
the | ||||||
18 | terms of a brokerage agreement to be entered into | ||||||
19 | listing
contract between the sponsoring broker and the | ||||||
20 | seller or on other terms
acceptable to the
seller .
| ||||||
21 | (B) A licensee offering a guaranteed sales plan | ||||||
22 | shall provide the
details
and conditions of the plan in | ||||||
23 | writing to the party to whom the plan is
offered.
| ||||||
24 | (C) A licensee offering a guaranteed sales plan | ||||||
25 | shall provide to the
party
to whom the plan is offered | ||||||
26 | evidence of sufficient financial resources to
satisfy |
| |||||||
| |||||||
1 | the commitment to
purchase undertaken by the broker in | ||||||
2 | the plan.
| ||||||
3 | (D) Any licensee offering a guaranteed sales plan | ||||||
4 | shall undertake to
market the property of the seller | ||||||
5 | subject to the plan in the same manner in
which the | ||||||
6 | broker would
market any other property, unless the | ||||||
7 | agreement with the seller provides
otherwise.
| ||||||
8 | (E) The licensee cannot purchase seller's property | ||||||
9 | until the brokerage agreement has ended according to | ||||||
10 | its terms or is otherwise terminated. | ||||||
11 | (F) Any licensee who fails to perform on a | ||||||
12 | guaranteed sales plan in
strict accordance with its | ||||||
13 | terms shall be subject to all the penalties provided
in | ||||||
14 | this Act for
violations thereof and, in addition, shall | ||||||
15 | be subject to a civil fine payable
to the party injured | ||||||
16 | by the
default in an amount of up to $25,000.
| ||||||
17 | (30) (21) Influencing or attempting to influence, by | ||||||
18 | any words or acts, a
prospective
seller, purchaser, | ||||||
19 | occupant, landlord, or tenant of real estate, in connection
| ||||||
20 | with viewing, buying, or
leasing real estate, so as to | ||||||
21 | promote or tend to promote the continuance
or maintenance | ||||||
22 | of
racially and religiously segregated housing or so as to | ||||||
23 | retard, obstruct, or
discourage racially
integrated | ||||||
24 | housing on or in any street, block, neighborhood, or | ||||||
25 | community.
| ||||||
26 | (31) (22) Engaging in any act that constitutes a |
| |||||||
| |||||||
1 | violation of any provision of
Article 3 of the Illinois | ||||||
2 | Human Rights Act, whether or not a complaint has
been filed | ||||||
3 | with or
adjudicated by the Human Rights Commission.
| ||||||
4 | (32) (23) Inducing any party to a contract of sale or | ||||||
5 | lease or brokerage
agreement to
break the contract of sale | ||||||
6 | or lease or brokerage agreement for the purpose of
| ||||||
7 | substituting, in lieu
thereof, a new contract for sale or | ||||||
8 | lease or brokerage agreement with a third
party.
| ||||||
9 | (33) (24) Negotiating a sale, exchange, or lease of | ||||||
10 | real estate directly with
any person
if the licensee knows | ||||||
11 | that the person has an a written exclusive brokerage
| ||||||
12 | agreement with another
broker, unless specifically | ||||||
13 | authorized by that broker.
| ||||||
14 | (34) (25) When a licensee is also an attorney, acting | ||||||
15 | as the attorney for
either the
buyer or the seller in the | ||||||
16 | same transaction in which the licensee is acting or
has | ||||||
17 | acted as a broker
or salesperson.
| ||||||
18 | (35) (26) Advertising or offering merchandise or | ||||||
19 | services as free if any
conditions or
obligations necessary | ||||||
20 | for receiving the merchandise or services are not
disclosed | ||||||
21 | in the same
advertisement or offer. These conditions or | ||||||
22 | obligations include without
limitation the
requirement | ||||||
23 | that the recipient attend a promotional activity or visit a | ||||||
24 | real
estate site. As used in this
subdivision (35) (26) , | ||||||
25 | "free" includes terms such as "award", "prize", "no | ||||||
26 | charge",
"free of charge",
"without charge", and similar |
| |||||||
| |||||||
1 | words or phrases that reasonably lead a person to
believe | ||||||
2 | that he or she
may receive or has been selected to receive | ||||||
3 | something of value, without any
conditions or
obligations | ||||||
4 | on the part of the recipient.
| ||||||
5 | (36) (27) Disregarding or violating any provision of | ||||||
6 | the Land Sales
Registration Act of 1989, the Illinois Real | ||||||
7 | Estate
Time-Share Act, or the published rules promulgated | ||||||
8 | by the Department OBRE to enforce
those Acts.
| ||||||
9 | (37) (28) Violating the terms of a disciplinary order
| ||||||
10 | issued by the Department OBRE .
| ||||||
11 | (38) (29) Paying or failing to disclose compensation in | ||||||
12 | violation of Article 10 of this Act.
| ||||||
13 | (39) (30) Requiring a party to a transaction who is not | ||||||
14 | a client of the
licensee
to allow the licensee to retain a | ||||||
15 | portion of the escrow moneys for payment of
the licensee's | ||||||
16 | commission or expenses as a condition for release of the | ||||||
17 | escrow
moneys to that party.
| ||||||
18 | (40) (31) Disregarding or violating any provision of | ||||||
19 | this Act or the published
rules
promulgated by the | ||||||
20 | Department OBRE to enforce this Act or aiding or abetting | ||||||
21 | any individual,
partnership, registered limited liability | ||||||
22 | partnership, limited liability
company, or corporation in
| ||||||
23 | disregarding any provision of this Act or the published | ||||||
24 | rules promulgated by the Department
OBRE
to enforce this | ||||||
25 | Act.
| ||||||
26 | (41) (32) Failing to provide the minimum services |
| |||||||
| |||||||
1 | required by Section 15-75 of this Act when acting under an | ||||||
2 | exclusive brokerage agreement.
| ||||||
3 | (42) Habitual or excessive use or addiction to alcohol, | ||||||
4 | narcotics, stimulants, or any other chemical agent or drug | ||||||
5 | that results in a managing broker, broker, salesperson, or | ||||||
6 | leasing agent's inability to practice with reasonable | ||||||
7 | skill or safety. | ||||||
8 | (b) The Department may refuse to issue or renew or may | ||||||
9 | suspend the license of any person who fails to file a return, | ||||||
10 | pay the tax, penalty or interest shown in a filed return, or | ||||||
11 | pay any final assessment of tax, penalty, or interest, as | ||||||
12 | required by any tax Act administered by the Department of | ||||||
13 | Revenue, until such time as the requirements of that tax Act | ||||||
14 | are satisfied in accordance with subsection (g) of Section | ||||||
15 | 2105-15 of the Civil Administrative Code of Illinois. | ||||||
16 | (c) The Department shall deny a license or renewal | ||||||
17 | authorized by this Act to a person who has defaulted on an | ||||||
18 | educational loan or scholarship provided or guaranteed by the | ||||||
19 | Illinois Student Assistance Commission or any governmental | ||||||
20 | agency of this State in accordance with item (5) of subsection | ||||||
21 | (g) of Section 2105-15 of the Civil Administrative Code of | ||||||
22 | Illinois. | ||||||
23 | (d) In cases where the Department of Healthcare and Family | ||||||
24 | Services (formerly Department of Public Aid) has previously | ||||||
25 | determined that a licensee or a potential licensee is more than | ||||||
26 | 30 days delinquent in the payment of child support and has |
| |||||||
| |||||||
1 | subsequently certified the delinquency to the Department may | ||||||
2 | refuse to issue or renew or may revoke or suspend that person's | ||||||
3 | license or may take other disciplinary action against that | ||||||
4 | person based solely upon the certification of delinquency made | ||||||
5 | by the Department of Healthcare and Family Services in | ||||||
6 | accordance with item (5) of subsection (g) of Section 2105-15 | ||||||
7 | of the Civil Administrative Code of Illinois. | ||||||
8 | (e) In enforcing this Section, the Department or Board upon | ||||||
9 | a showing of a possible violation may compel an individual | ||||||
10 | licensed to practice under this Act, or who has applied for | ||||||
11 | licensure under this Act, to submit to a mental or physical | ||||||
12 | examination, or both, as required by and at the expense of the | ||||||
13 | Department. The Department or Board may order the examining | ||||||
14 | physician to present testimony concerning the mental or | ||||||
15 | physical examination of the licensee or applicant. No | ||||||
16 | information shall be excluded by reason of any common law or | ||||||
17 | statutory privilege relating to communications between the | ||||||
18 | licensee or applicant and the examining physician. The | ||||||
19 | examining physicians shall be specifically designated by the | ||||||
20 | Board or Department. The individual to be examined may have, at | ||||||
21 | his or her own expense, another physician of his or her choice | ||||||
22 | present during all aspects of this examination. Failure of an | ||||||
23 | individual to submit to a mental or physical examination, when | ||||||
24 | directed, shall be grounds for suspension of his or her license | ||||||
25 | until the individual submits to the examination if the | ||||||
26 | Department finds, after notice and hearing, that the refusal to |
| |||||||
| |||||||
1 | submit to the examination was without reasonable cause. | ||||||
2 | If the Department or Board finds an individual unable to | ||||||
3 | practice because of the reasons set forth in this Section, the | ||||||
4 | Department or Board may require that individual to submit to | ||||||
5 | care, counseling, or treatment by physicians approved or | ||||||
6 | designated by the Department or Board, as a condition, term, or | ||||||
7 | restriction for continued, reinstated, or renewed licensure to | ||||||
8 | practice; or, in lieu of care, counseling, or treatment, the | ||||||
9 | Department may file, or the Board may recommend to the | ||||||
10 | Department to file, a complaint to immediately suspend, revoke, | ||||||
11 | or otherwise discipline the license of the individual. An | ||||||
12 | individual whose license was granted, continued, reinstated, | ||||||
13 | renewed, disciplined or supervised subject to such terms, | ||||||
14 | conditions, or restrictions, and who fails to comply with such | ||||||
15 | terms, conditions, or restrictions, shall be referred to the | ||||||
16 | Secretary for a determination as to whether the individual | ||||||
17 | shall have his or her license suspended immediately, pending a | ||||||
18 | hearing by the Department. | ||||||
19 | In instances in which the Secretary immediately suspends a | ||||||
20 | person's license under this Section, a hearing on that person's | ||||||
21 | license must be convened by the Department within 30 days after | ||||||
22 | the suspension and completed without appreciable delay. The | ||||||
23 | Department and Board shall have the authority to review the | ||||||
24 | subject individual's record of treatment and counseling | ||||||
25 | regarding the impairment to the extent permitted by applicable | ||||||
26 | federal statutes and regulations safeguarding the |
| |||||||
| |||||||
1 | confidentiality of medical records. | ||||||
2 | An individual licensed under this Act and affected under | ||||||
3 | this Section shall be afforded an opportunity to demonstrate to | ||||||
4 | the Department or Board that he or she can resume practice in | ||||||
5 | compliance with acceptable and prevailing standards under the | ||||||
6 | provisions of his or her license. | ||||||
7 | (Source: P.A. 95-851, eff. 1-1-09.)
| ||||||
8 | (225 ILCS 454/20-21 new) | ||||||
9 | Sec. 20-21. Injunctions; cease and desist order. | ||||||
10 | (a) If any person violates the provisions of this Act, the | ||||||
11 | Secretary may, in the name of the People of the State of | ||||||
12 | Illinois, through the Attorney General of the State of Illinois | ||||||
13 | or the State's Attorney for any county in which the action is | ||||||
14 | brought, petition for an order enjoining the violation or for | ||||||
15 | an order enforcing compliance with this Act. Upon the filing of | ||||||
16 | a verified petition in court, the court may issue a temporary | ||||||
17 | restraining order, without notice or condition, and may | ||||||
18 | preliminarily and permanently enjoin the violation. If it is | ||||||
19 | established that the person has violated or is violating the | ||||||
20 | injunction, the Court may punish the offender for contempt of | ||||||
21 | court. Proceedings under this Section shall be in addition to, | ||||||
22 | and not in lieu of, all other remedies and penalties provided | ||||||
23 | by this Act. | ||||||
24 | (b) Whenever in the opinion of the Department a person | ||||||
25 | violates a provision of this Act, the Department may issue a |
| |||||||
| |||||||
1 | ruling to show cause why an order to cease and desist should | ||||||
2 | not be entered against that person. The rule shall clearly set | ||||||
3 | forth the grounds relied upon by the Department and shall allow | ||||||
4 | at least 7 days from the date of the rule to file an answer to | ||||||
5 | the satisfaction of the Department. Failure to answer to the | ||||||
6 | satisfaction of the Department shall cause an order to cease | ||||||
7 | and desist to be issued immediately. | ||||||
8 | (c) Other than as provided in Section 5-20 of this Act, if | ||||||
9 | any person practices as a real estate broker, real estate | ||||||
10 | salesperson or leasing agent or holds himself or herself out as | ||||||
11 | a licensed sponsoring broker, managing broker, real estate | ||||||
12 | broker, real estate salesperson or leasing agent under this Act | ||||||
13 | without being issued a valid existing license by the | ||||||
14 | Department, then any licensed sponsoring broker, managing | ||||||
15 | broker, real estate broker, real estate salesperson, leasing | ||||||
16 | agent, any interested party, or any person injured thereby may, | ||||||
17 | in addition to the Secretary, petition for relief as provided | ||||||
18 | in subsection (a) of this Section. | ||||||
19 | (225 ILCS 454/20-22 new) | ||||||
20 | Sec. 20-22. Violations. Any person who is found working or | ||||||
21 | acting as a managing broker, real estate broker, real estate | ||||||
22 | salesperson, or leasing agent or holding himself or herself out | ||||||
23 | as a licensed sponsoring broker, managing broker, real estate | ||||||
24 | broker, real estate salesperson, or leasing agent without being | ||||||
25 | issued a valid existing license is guilty of a Class A |
| |||||||
| |||||||
1 | misdemeanor and on conviction of a second or subsequent offense | ||||||
2 | the violator shall be guilty of a Class 4 felony.
| ||||||
3 | (225 ILCS 454/20-25)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
5 | Sec. 20-25. Returned checks; fees. Any person who delivers | ||||||
6 | a check or other payment to the Department OBRE that is | ||||||
7 | returned to the Department
OBRE unpaid by
the financial | ||||||
8 | institution upon which it is drawn shall pay to the Department | ||||||
9 | OBRE , in addition
to the amount
already owed to the Department | ||||||
10 | OBRE , a fee of $50. The Department
OBRE shall notify the person | ||||||
11 | that payment of fees and fines shall be paid to the Department
| ||||||
12 | OBRE by certified
check or money order within 30 calendar days | ||||||
13 | of the notification. If, after
the expiration of 30 days
from | ||||||
14 | the date of the notification, the person has failed to submit | ||||||
15 | the
necessary remittance, the Department OBRE
shall | ||||||
16 | automatically terminate the license or deny the application, | ||||||
17 | without hearing. If, after
termination or denial, the person | ||||||
18 | seeks a license, he or she shall apply to the Department
OBRE | ||||||
19 | for restoration or
issuance of the license and pay all fees and | ||||||
20 | fines due to the Department OBRE . The Department OBRE may
| ||||||
21 | establish a fee for the
processing of an application for | ||||||
22 | restoration of a license to pay all expenses
of processing this
| ||||||
23 | application. The Secretary Commissioner may waive the fees due | ||||||
24 | under this Section in
individual cases
where the Secretary | ||||||
25 | Commissioner finds that the fees would be unreasonable or
|
| |||||||
| |||||||
1 | unnecessarily burdensome.
| ||||||
2 | (Source: P.A. 91-245, eff. 12-31-99; 92-146, eff. 1-1-02.)
| ||||||
3 | (225 ILCS 454/20-50)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
5 | Sec. 20-50. Illegal discrimination.
When there has been an | ||||||
6 | adjudication in a civil or criminal proceeding that a
licensee | ||||||
7 | has illegally
discriminated while engaged in any activity for | ||||||
8 | which a license is required
under this Act, the Department | ||||||
9 | OBRE ,
upon the recommendation of the Board as to the extent of | ||||||
10 | the suspension or
revocation, shall
suspend or revoke the | ||||||
11 | license of that licensee in a timely manner, unless the
| ||||||
12 | adjudication is in the
appeal process. When there has been an | ||||||
13 | order in an administrative proceeding
finding that a
licensee | ||||||
14 | has illegally discriminated while engaged in any activity for | ||||||
15 | which a
license is required
under this Act, the Department | ||||||
16 | OBRE , upon recommendation of the Board as to the nature and
| ||||||
17 | extent of the
discipline, shall take one or more of the | ||||||
18 | disciplinary actions provided for in
Section 20-20 of this Act | ||||||
19 | in a timely
manner, unless the administrative order is in the | ||||||
20 | appeal process.
| ||||||
21 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
22 | (225 ILCS 454/20-55)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
24 | Sec. 20-55. Illinois Administrative Procedure Act. The |
| |||||||
| |||||||
1 | Illinois Administrative Procedure Act is hereby expressly | ||||||
2 | adopted and
incorporated herein as if
all of the provisions of | ||||||
3 | that Act were included in this Act, except that the
provision | ||||||
4 | of subsection
(d) of Section 10-65 of the Illinois | ||||||
5 | Administrative Procedure Act that provides
that at hearings the
| ||||||
6 | licensee has the right to show compliance with all lawful | ||||||
7 | requirements for
retention, continuation, or
renewal of the | ||||||
8 | license is specifically excluded. For the purposes of this Act,
| ||||||
9 | the notice required
under the Illinois Administrative | ||||||
10 | Procedure Act is deemed sufficient when
mailed to the
last | ||||||
11 | known address of record a party .
| ||||||
12 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
13 | (225 ILCS 454/20-60)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
15 | Sec. 20-60. Investigations Hearing; investigation; notice | ||||||
16 | and hearing ; disciplinary consent order . The Department may | ||||||
17 | investigate the actions of any applicant or of any person or | ||||||
18 | persons rendering or offering to render services or any person | ||||||
19 | holding or claiming to hold a license under this Act. The | ||||||
20 | Department shall, before revoking, (a) OBRE may conduct | ||||||
21 | hearings through the Board or a duly appointed hearing
officer | ||||||
22 | on
proceedings to suspend, revoke, or to refuse to issue or | ||||||
23 | renew licenses of
persons applying for
licensure or licensed | ||||||
24 | under this Act or to censure, reprimand, or impose a
civil fine | ||||||
25 | not to exceed
$25,000 upon any licensee hereunder and may |
| |||||||
| |||||||
1 | revoke, suspend, or refuse to issue
or renew these
licenses or | ||||||
2 | censure, reprimand, or impose a civil fine not to exceed | ||||||
3 | $25,000
upon any licensee
hereunder. (b) Upon the motion of | ||||||
4 | either OBRE or the Board or upon the verified
complaint in | ||||||
5 | writing of
any persons setting forth facts that if proven would | ||||||
6 | constitute grounds for
suspension or
revocation under this Act, | ||||||
7 | OBRE, the Board, or its subcommittee shall cause to
be | ||||||
8 | investigated the
actions of any person so accused who holds a | ||||||
9 | license or is holding himself or
herself out to be a
licensee. | ||||||
10 | This person is hereinafter called the accused. (c) Prior to | ||||||
11 | initiating any formal disciplinary proceedings resulting from
| ||||||
12 | an investigation
conducted pursuant to subsection (b) of this | ||||||
13 | Section, that matter shall be
reviewed by a
subcommittee of the | ||||||
14 | Board according to procedures established by rule. The
| ||||||
15 | subcommittee shall
make a recommendation to the full Board as | ||||||
16 | to the validity of the complaint and
may recommend
that the | ||||||
17 | Board not proceed with formal disciplinary proceedings if the
| ||||||
18 | complaint is determined to
be frivolous or without merit. (d) | ||||||
19 | Except as provided for in Section 20-65 of this Act, OBRE | ||||||
20 | shall, before
suspending, revoking, placing on probation, | ||||||
21 | reprimanding
probationary status , or taking any other | ||||||
22 | disciplinary action under Article 20 of this Act, at least 30 | ||||||
23 | days before the date set for the hearing, (i) as OBRE may deem
| ||||||
24 | proper with regard
to any license:
(1) notify the accused in | ||||||
25 | writing of the at least 30 days prior to the
date set for the | ||||||
26 | hearing
of any charges made and the time and place for the |
| |||||||
| |||||||
1 | hearing on of the charges , (ii) direct him or her to file a | ||||||
2 | written answer to the charges with to be
heard before the
Board | ||||||
3 | under oath within 20 days after the service on him or her of | ||||||
4 | the notice, and (iii) ; and
(2) inform the accused that if he or | ||||||
5 | she fails to answer upon failure to file an answer and request | ||||||
6 | a
hearing before the date originally set for the hearing , | ||||||
7 | default will be taken
against him or her or that the accused | ||||||
8 | and
his or her license may be suspended, revoked, or placed on | ||||||
9 | probationary status,
or
other disciplinary
action taken with | ||||||
10 | regard to the license , including limiting the scope, nature, or | ||||||
11 | extent of his or her practice, as the Department may consider | ||||||
12 | proper. At the time and place fixed in the notice, the Board | ||||||
13 | shall proceed to hear the charges and the parties or their | ||||||
14 | counsel shall be accorded ample opportunity to present any | ||||||
15 | pertinent statements, testimony, evidence, and arguments. The | ||||||
16 | Board may continue the hearing from time to time. In case the | ||||||
17 | person, after receiving the the accused's
practice, as OBRE may | ||||||
18 | deem
proper, may be taken with regard thereto. In case the | ||||||
19 | person fails to file an
answer after receiving
notice, fails to | ||||||
20 | file an answer, his or her license may, in the discretion of | ||||||
21 | the Department OBRE , be suspended,
revoked, or placed on
| ||||||
22 | probationary status, or the Department OBRE may take whatever | ||||||
23 | disciplinary action considered deemed
proper, including
| ||||||
24 | limiting the scope, nature, or extent of the person's practice | ||||||
25 | or the
imposition of a fine, without a
hearing, if the act or | ||||||
26 | acts charged constitute sufficient grounds for that such
action |
| |||||||
| |||||||
1 | under this Act. The written notice may be served by personal | ||||||
2 | delivery or by certified mail to the address specified by the | ||||||
3 | accused in his or her last notification with the Department.
| ||||||
4 | (e) At the time and place fixed in the notice, the Board | ||||||
5 | shall proceed to
hearing of the charges
and both the accused | ||||||
6 | person and the complainant shall be accorded ample
opportunity | ||||||
7 | to present in
person or by counsel such statements, testimony, | ||||||
8 | evidence and argument as may
be pertinent to the
charges or to | ||||||
9 | any defense thereto. The Board or its hearing officer may
| ||||||
10 | continue a hearing date
upon its own motion or upon an | ||||||
11 | accused's motion for one period not to exceed 30 days. The | ||||||
12 | Board
or its hearing officer may grant further continuances for | ||||||
13 | periods not to exceed 30 days only upon
good cause being shown | ||||||
14 | by the moving party. The non-moving party shall have the | ||||||
15 | opportunity to
object to a continuance on the record at a | ||||||
16 | hearing upon the motion to continue. All motions for
| ||||||
17 | continuances and any denial or grant thereof shall be in | ||||||
18 | writing. All motions shall be submitted not
later than 48 hours | ||||||
19 | before the scheduled hearing unless made upon an emergency
| ||||||
20 | basis. In
determining whether good cause for a continuance is | ||||||
21 | shown, the Board or its
hearing officer shall
consider such | ||||||
22 | factors as the volume of cases pending, the nature and | ||||||
23 | complexity
of legal issues
raised, the diligence of the party | ||||||
24 | making the request, the availability of
party's legal | ||||||
25 | representative
or witnesses, and the number of previous | ||||||
26 | requests for continuance.
|
| |||||||
| |||||||
1 | (f) Any unlawful act or violation of any of the provisions | ||||||
2 | of this Act upon
the part of any
licensees employed by a real | ||||||
3 | estate broker or associated by written agreement
with the real | ||||||
4 | estate
broker, or unlicensed employee of a licensed broker, | ||||||
5 | shall not be cause for
the revocation of the
license of any | ||||||
6 | such broker, partial or otherwise, unless it appears to the
| ||||||
7 | satisfaction of OBRE that
the broker had knowledge thereof.
| ||||||
8 | (g) OBRE or the Board has power to subpoena any persons or | ||||||
9 | documents for the
purpose of
investigation or hearing with the | ||||||
10 | same fees and mileage and in the same manner
as prescribed by
| ||||||
11 | law for judicial procedure in civil cases in courts of this | ||||||
12 | State.
The Commissioner, the Director, any member of the Board, | ||||||
13 | a certified court
reporter, or a hearing
officer shall each | ||||||
14 | have power to administer oaths to witnesses at any hearing
| ||||||
15 | which OBRE is
authorized under this Act to conduct.
| ||||||
16 | (h) Any circuit court or any judge thereof, upon the | ||||||
17 | application of the
accused person,
complainant, OBRE, or the | ||||||
18 | Board, may, by order entered, require the attendance
of | ||||||
19 | witnesses and the
production of relevant books and papers | ||||||
20 | before the Board in any hearing
relative to the application
for | ||||||
21 | or refusal, recall, suspension, or revocation of a license, and | ||||||
22 | the court
or judge may compel
obedience to the court's or the | ||||||
23 | judge's order by proceedings for contempt.
| ||||||
24 | (i) OBRE, at its expense, shall preserve a record of all | ||||||
25 | proceedings at the
formal hearing of any
case involving the | ||||||
26 | refusal to issue or the revocation, suspension, or other
|
| |||||||
| |||||||
1 | discipline of a licensee.
The notice of hearing, complaint and | ||||||
2 | all other documents in the nature of
pleadings and written
| ||||||
3 | motions filed in the proceedings, the transcript of testimony, | ||||||
4 | the report of
the Board, and the orders
of OBRE shall be the | ||||||
5 | record of the proceeding.
At all hearings or pre-hearing | ||||||
6 | conferences, OBRE and the accused shall be
entitled to have a | ||||||
7 | court
reporter in attendance for purposes of transcribing the | ||||||
8 | proceeding or
pre-hearing conference at the
expense of the | ||||||
9 | party requesting the court reporter's attendance. A copy of the
| ||||||
10 | transcribed
proceeding shall be available to the other party | ||||||
11 | for the cost of a copy of the
transcript.
| ||||||
12 | (j) The Board shall present to the Commissioner its written | ||||||
13 | report of its
findings and
recommendations. A copy of the | ||||||
14 | report shall be served upon the accused, either
personally or | ||||||
15 | by
certified mail as provided in this Act for the service of | ||||||
16 | the citation. Within
20 days after the
service, the accused may | ||||||
17 | present to the Commissioner a motion in writing for a
rehearing | ||||||
18 | that
shall specify the particular grounds therefor. If the | ||||||
19 | accused shall order and
pay for a transcript of
the record as | ||||||
20 | provided in this Act, the time elapsing thereafter and before | ||||||
21 | the
transcript is ready
for delivery to the accused shall not | ||||||
22 | be counted as part of the 20 days.
Whenever the Commissioner is | ||||||
23 | satisfied that substantial justice has not been
done, the
| ||||||
24 | Commissioner may order a rehearing by the Board or other | ||||||
25 | special committee
appointed by the
Commissioner or may remand | ||||||
26 | the matter to the Board for their reconsideration of the matter |
| |||||||
| |||||||
1 | based
on the pleadings and evidence presented to the Board. In | ||||||
2 | all instances, under this Act, in which the
Board has rendered | ||||||
3 | a recommendation to the Commissioner with respect to a | ||||||
4 | particular licensee or
applicant, the Commissioner shall, in | ||||||
5 | the event that he or she disagrees with
or takes action | ||||||
6 | contrary to the
recommendation of the Board, file with the | ||||||
7 | Board and the Secretary of State his
specific written
reasons | ||||||
8 | of disagreement with the Board. The reasons shall be filed | ||||||
9 | within 60
days of the Board's
recommendation to the | ||||||
10 | Commissioner and prior to any contrary action. At the
| ||||||
11 | expiration of the
time specified for filing a motion for a | ||||||
12 | rehearing, the Commissioner shall have
the right to take the
| ||||||
13 | action recommended by the Board. Upon the suspension or | ||||||
14 | revocation of a
license, the licensee
shall be required to | ||||||
15 | surrender his or her license to OBRE, and upon failure or
| ||||||
16 | refusal to do so, OBRE
shall have the right to seize the | ||||||
17 | license.
| ||||||
18 | (k) At any time after the suspension, temporary suspension, | ||||||
19 | or
revocation of any license, OBRE may
restore it to the
| ||||||
20 | accused without examination, upon the written recommendation | ||||||
21 | of the Board.
| ||||||
22 | (l) An order of revocation or suspension or a certified | ||||||
23 | copy thereof, over
the seal of OBRE and
purporting to be signed | ||||||
24 | by the Commissioner, shall be prima facie proof that:
| ||||||
25 | (1) The signature is the genuine signature of the | ||||||
26 | Commissioner.
|
| |||||||
| |||||||
1 | (2) The Commissioner is duly appointed and qualified.
| ||||||
2 | (3) The Board and the members thereof are qualified.
| ||||||
3 | Such proof may be
rebutted.
| ||||||
4 | (m) Notwithstanding any provisions concerning the conduct | ||||||
5 | of hearings and
recommendations
for disciplinary actions, OBRE | ||||||
6 | as directed by the Commissioner has the
authority to negotiate
| ||||||
7 | agreements with licensees and applicants resulting in | ||||||
8 | disciplinary consent
orders. These consent
orders may provide | ||||||
9 | for any of the forms of discipline provided in this Act.
These | ||||||
10 | consent orders
shall provide that they were not entered into as | ||||||
11 | a result of any coercion by
OBRE. Any such
consent order shall | ||||||
12 | be filed with the Commissioner along with the Board's
| ||||||
13 | recommendation and
accepted or rejected by the Commissioner | ||||||
14 | within 60 days of the Board's
recommendation.
| ||||||
15 | (Source: P.A. 91-245, eff. 12-31-99; 92-217, eff. 8-2-01.)
| ||||||
16 | (225 ILCS 454/20-62 new) | ||||||
17 | Sec. 20-62. Record of proceedings; transcript. The | ||||||
18 | Department, at its expense, shall preserve a record of all | ||||||
19 | proceedings at the formal hearing of any case. The notice of | ||||||
20 | hearing, complaint, all other documents in the nature of | ||||||
21 | pleadings, written motions filed in the proceedings, the | ||||||
22 | transcripts of testimony, the report of the Board, and orders | ||||||
23 | of the Department shall be in the record of the proceeding. | ||||||
24 | (225 ILCS 454/20-63 new)
|
| |||||||
| |||||||
1 | Sec. 20-63. Subpoenas; depositions; oaths. The Department | ||||||
2 | has the power to subpoena documents, books, records, or other | ||||||
3 | materials and to bring before it any person and to take | ||||||
4 | testimony either orally or by deposition, or both, with the | ||||||
5 | same fees and mileage and in the same manner as prescribed in | ||||||
6 | civil cases in the courts of this State. The Secretary, the | ||||||
7 | designated hearing officer, and every member of the Board has | ||||||
8 | the power to administer oaths to witnesses at any hearing that | ||||||
9 | the Department is authorized to conduct, and any other oaths | ||||||
10 | authorized in an Act that is administered by the Department. | ||||||
11 | (225 ILCS 454/20-64 new)
| ||||||
12 | Sec. 20-64. Board; rehearing. At the conclusion of a | ||||||
13 | hearing, a copy of the Board's report shall be served upon the | ||||||
14 | applicant or licensee by the Department, either personally or | ||||||
15 | as provided in this Act for the service of a notice of hearing. | ||||||
16 | Within 20 days after service, the applicant or licensee may | ||||||
17 | present to the Department a motion in writing for a rehearing, | ||||||
18 | which shall specify the particular grounds for rehearing. The | ||||||
19 | Department may respond to the motion, or if a motion for | ||||||
20 | rehearing is denied, then upon denial, and except as provided | ||||||
21 | in Section 20-72 of this Act, the Secretary may enter an order | ||||||
22 | in accordance with the recommendations of the Board. If the | ||||||
23 | applicant or licensee orders from the reporting service and | ||||||
24 | pays for a transcript of the record within the time for filing | ||||||
25 | a motion for rehearing, then the 20-day period within which a |
| |||||||
| |||||||
1 | motion may be filed shall commence upon the delivery of the | ||||||
2 | transcript to the applicant or licensee.
| ||||||
3 | (225 ILCS 454/20-65)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
5 | Sec. 20-65. Temporary suspension. The Secretary | ||||||
6 | Commissioner may temporarily suspend the license of a licensee | ||||||
7 | without a
hearing,
simultaneously with the institution of | ||||||
8 | proceedings for a hearing provided for
in Section 20-61 20-60 | ||||||
9 | of this
Act, if the Secretary Commissioner finds that the | ||||||
10 | evidence indicates that the public
interest, safety, or welfare
| ||||||
11 | imperatively requires emergency action. In the event that the | ||||||
12 | Secretary Commissioner
temporarily suspends
the license | ||||||
13 | without a hearing before the Board, a hearing shall be | ||||||
14 | commenced held within
30 days after the
suspension has | ||||||
15 | occurred. The suspended licensee may seek a continuance of the
| ||||||
16 | hearing during
which the suspension shall remain in effect. The | ||||||
17 | proceeding shall be concluded
without
appreciable delay.
| ||||||
18 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
19 | (225 ILCS 454/20-66 new) | ||||||
20 | Sec. 20-66. Appointment of a hearing officer. The Secretary | ||||||
21 | has the authority to appoint any attorney licensed to practice | ||||||
22 | law in the State of Illinois to serve as the hearing officer in | ||||||
23 | any action for refusal to issue, restore, or renew a license or | ||||||
24 | to discipline a licensee. The hearing officer has full |
| |||||||
| |||||||
1 | authority to conduct the hearing. Any Board member may attend | ||||||
2 | the hearing. The hearing officer shall report his or her | ||||||
3 | findings of fact, conclusions of law, and recommendations to | ||||||
4 | the Board. The Board shall review the report of the hearing | ||||||
5 | officer and present its findings of fact, conclusions of law, | ||||||
6 | and recommendations to the Secretary and all parties to the | ||||||
7 | proceeding. If the Secretary disagrees with a recommendation of | ||||||
8 | the Board or of the hearing officer, then the Secretary may | ||||||
9 | issue an order in contravention of the recommendation. | ||||||
10 | (225 ILCS 454/20-67 new)
| ||||||
11 | Sec. 20-67. Order or certified copy; prima facie proof. An | ||||||
12 | order, or certified copy of an order, over the seal of the | ||||||
13 | Department and purporting to be signed by the Secretary is | ||||||
14 | prima facie proof that (i) the signature is the genuine | ||||||
15 | signature of the Secretary, (ii) the Secretary is duly | ||||||
16 | appointed and qualified, and (iii) the Board and its members | ||||||
17 | are qualified to act. | ||||||
18 | (225 ILCS 454/20-68 new) | ||||||
19 | Sec. 20-68. Surrender of license. Upon the revocation or | ||||||
20 | suspension of a license, the licensee shall immediately | ||||||
21 | surrender his or her license to the Department. If the licensee | ||||||
22 | fails to do so, the Department has the right to seize the | ||||||
23 | license. |
| |||||||
| |||||||
1 | (225 ILCS 454/20-69 new) | ||||||
2 | Sec. 20-69. Restoration of a suspended or revoked license. | ||||||
3 | At any time after the successful completion of a term of | ||||||
4 | suspension or revocation of a license, the Department may | ||||||
5 | restore it to the licensee, upon the written recommendation of | ||||||
6 | the Board, unless after an investigation and a hearing the | ||||||
7 | Board determines that restoration is not in the public | ||||||
8 | interest. | ||||||
9 | (225 ILCS 454/20-72 new)
| ||||||
10 | Sec. 20-72. Secretary; rehearing. If the Secretary | ||||||
11 | believes that substantial justice has not been done in the | ||||||
12 | revocation, suspension, or refusal to issue, restore, or renew | ||||||
13 | a license, or any other discipline of an applicant or licensee, | ||||||
14 | then he or she may order a rehearing by the same or other | ||||||
15 | examiners. | ||||||
16 | (225 ILCS 454/20-73 new)
| ||||||
17 | Sec. 20-73. Certifications of record; costs. The | ||||||
18 | Department shall not be required to certify any record to the | ||||||
19 | court, to file an answer in court, or to otherwise appear in | ||||||
20 | any court in a judicial review proceeding unless there is filed | ||||||
21 | in the court, with the complaint, a receipt from the Department | ||||||
22 | acknowledging payment of the costs of furnishing and certifying | ||||||
23 | the record, which costs shall be determined by the Department. | ||||||
24 | Failure on the part of the plaintiff to file the receipt in |
| |||||||
| |||||||
1 | court is grounds for dismissal of the action.
| ||||||
2 | (225 ILCS 454/20-75)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
4 | Sec. 20-75. Administrative Review venue Law; certification | ||||||
5 | fee;
summary report of final disciplinary actions .
| ||||||
6 | (a) All final administrative decisions of the Department | ||||||
7 | are OBRE shall be subject to judicial review under
pursuant to | ||||||
8 | the
provisions of the Administrative Review Law and its
the | ||||||
9 | rules adopted pursuant thereto . The term "administrative | ||||||
10 | decision" is
defined in Section 3-101
of the Code of Civil | ||||||
11 | Procedure Administrative Review Law . | ||||||
12 | (b) Proceedings for judicial review shall be commenced in | ||||||
13 | the circuit court of the court in which the party applying for | ||||||
14 | review resides, but if the party is not a resident of Illinois, | ||||||
15 | the venue shall be in Sangamon County.
OBRE shall not be | ||||||
16 | required to certify any record or file any answer or
otherwise | ||||||
17 | appear unless the
party filing the complaint pays to OBRE the | ||||||
18 | certification fee provided for by
rule representing costs
of | ||||||
19 | the certification. Failure on the part of the plaintiff to make | ||||||
20 | such a
deposit shall be grounds for
dismissal of the action.
| ||||||
21 | OBRE shall prepare from time to time, but in no event less | ||||||
22 | often than once
every other month, a
summary report of final | ||||||
23 | disciplinary actions taken since the previous summary
report. | ||||||
24 | The
summary report shall contain a brief description of the | ||||||
25 | action that brought
about the discipline
and the final |
| |||||||
| |||||||
1 | disciplinary action taken. The summary report shall be made
| ||||||
2 | available upon request.
| ||||||
3 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
4 | (225 ILCS 454/20-82 new)
| ||||||
5 | Sec. 20-82. Fines and penalties; Real Estate Recovery Fund. | ||||||
6 | All fines and penalties collected under this Act by the | ||||||
7 | Department shall be deposited in the Real Estate Recovery Fund.
| ||||||
8 | (225 ILCS 454/20-85)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
10 | Sec. 20-85. Recovery from Real Estate Recovery Fund. The | ||||||
11 | Department OBRE shall maintain a Real Estate Recovery Fund from | ||||||
12 | which any person aggrieved
by an act,
representation, | ||||||
13 | transaction, or conduct of a licensee or unlicensed employee of
| ||||||
14 | a licensee that is
in violation of this Act or the rules | ||||||
15 | promulgated pursuant thereto,
constitutes
embezzlement of | ||||||
16 | money or property, or results in money or property being
| ||||||
17 | unlawfully obtained
from any person by false pretenses, | ||||||
18 | artifice, trickery, or forgery or by reason
of any fraud,
| ||||||
19 | misrepresentation, discrimination, or deceit by or on the part | ||||||
20 | of any such
licensee or the unlicensed
employee of a licensee | ||||||
21 | and that results in a loss of actual cash money, as
opposed to | ||||||
22 | losses in
market value, may recover. The aggrieved person may | ||||||
23 | recover, by order of the
circuit court of the
county where the | ||||||
24 | violation occurred, an amount of not more than $25,000 $10,000 |
| |||||||
| |||||||
1 | from
the Fund for
damages sustained by the act, representation, | ||||||
2 | transaction, or conduct, together
with costs of suit and
| ||||||
3 | attorney's fees incurred in connection therewith of not to | ||||||
4 | exceed 15% of the
amount of the recovery
ordered paid from the | ||||||
5 | Fund. However, no licensee licensed broker or salesperson may
| ||||||
6 | recover from the
Fund unless the court finds that the person | ||||||
7 | suffered a loss resulting from
intentional misconduct.
The | ||||||
8 | court order shall not include interest on the judgment.
The | ||||||
9 | maximum liability against the Fund arising out of any one act | ||||||
10 | shall be as
provided in this
Section, and the judgment order | ||||||
11 | shall spread the award equitably among all
co-owners or | ||||||
12 | otherwise
aggrieved persons, if any. The maximum liability | ||||||
13 | against the Fund arising out
of the activities of
any one | ||||||
14 | licensee or one unlicensed employee of a licensee, since | ||||||
15 | January 1,
1974, shall be $100,000 $50,000 .
Nothing in this | ||||||
16 | Section shall be construed to authorize recovery from the Fund
| ||||||
17 | unless the loss of the aggrieved person results from an act or | ||||||
18 | omission of a licensee under this Act
licensed broker,
| ||||||
19 | salesperson, or unlicensed employee who was at the time of the | ||||||
20 | act or omission
acting in such
capacity or was apparently | ||||||
21 | acting in such capacity and unless the aggrieved
person has | ||||||
22 | obtained a
valid judgment as provided in Section 20-90 of this | ||||||
23 | Act.
No person aggrieved by an act, representation, or | ||||||
24 | transaction that is in
violation of the Illinois
Real Estate | ||||||
25 | Time-Share Act or the Land Sales Registration Act of 1989 may
| ||||||
26 | recover from the
Fund.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
2 | (225 ILCS 454/20-90)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
4 | Sec. 20-90. Collection from Real Estate Recovery Fund; | ||||||
5 | procedure.
| ||||||
6 | (a) No action for a judgment that subsequently results in | ||||||
7 | an order for
collection from the
Real Estate Recovery Fund | ||||||
8 | shall be started later than 2 years after the date on
which the | ||||||
9 | aggrieved
person knew, or through the use of reasonable | ||||||
10 | diligence should have known, of
the acts or
omissions giving | ||||||
11 | rise to a right of recovery from the Real Estate Recovery
Fund.
| ||||||
12 | (b) When any aggrieved person commences action for a | ||||||
13 | judgment that may
result in
collection from the Real Estate | ||||||
14 | Recovery Fund, the aggrieved person must name
as parties
| ||||||
15 | defendant to that action any and all individual licensees real | ||||||
16 | estate brokers, real
estate salespersons, or their
employees | ||||||
17 | who allegedly committed or are responsible for acts or | ||||||
18 | omissions
giving rise to a right
of recovery from the Real | ||||||
19 | Estate Recovery Fund. Failure to name as parties
defendant such
| ||||||
20 | licensees individual brokers, salespersons, or their employees | ||||||
21 | shall preclude recovery
from the Real Estate
Recovery Fund of | ||||||
22 | any portion of any judgment received in such an action. The
| ||||||
23 | aggrieved party
may also name as additional parties defendant | ||||||
24 | any corporations, limited
liability companies,
partnerships, | ||||||
25 | registered limited liability partnership, or other business
|
| |||||||
| |||||||
1 | associations that may be
responsible for acts giving rise to a | ||||||
2 | right of recovery from the Real Estate
Recovery Fund.
| ||||||
3 | (c) When any aggrieved person commences action for a | ||||||
4 | judgment that may
result in
collection from the Real Estate | ||||||
5 | Recovery Fund, the aggrieved person must notify the Department
| ||||||
6 | OBRE in writing
to this effect within 7 days of the | ||||||
7 | commencement of the action.
Failure to so notify the Department
| ||||||
8 | OBRE shall preclude recovery from the Real Estate Recovery Fund | ||||||
9 | of any portion
of any judgment
received in such an action. | ||||||
10 | After receiving notice of the commencement of such
an action, | ||||||
11 | the Department OBRE
upon timely application shall be permitted | ||||||
12 | to intervene as a party defendant to
that action.
| ||||||
13 | (d) When any aggrieved person commences action for a | ||||||
14 | judgment that may
result in
collection from the Real Estate | ||||||
15 | Recovery Fund, and the aggrieved person is unable to obtain | ||||||
16 | legal
and proper service upon the defendant under the | ||||||
17 | provisions of Illinois law concerning service of
process in | ||||||
18 | civil actions, the aggrieved person may petition the court | ||||||
19 | where the action to obtain
judgment was begun for an order to | ||||||
20 | allow service of legal process on the Secretary Commissioner . | ||||||
21 | Service of
process on the Secretary Commissioner shall be taken | ||||||
22 | and held in that court to be as valid and binding as if
due | ||||||
23 | service had been made upon the defendant. In case any process | ||||||
24 | mentioned in this Section is
served upon the Secretary | ||||||
25 | Commissioner , the Secretary Commissioner shall forward a copy | ||||||
26 | of the
process by certified
mail to the licensee's last address |
| |||||||
| |||||||
1 | on record with the Department OBRE . Any judgment obtained
after | ||||||
2 | service of
process on the Secretary Commissioner under this Act | ||||||
3 | shall apply to and be enforceable
against the Real
Estate | ||||||
4 | Recovery Fund only. OBRE may intervene in and defend any such | ||||||
5 | action.
| ||||||
6 | (e) When an aggrieved party commences action for a judgment | ||||||
7 | that may result
in collection
from the Real Estate Recovery | ||||||
8 | Fund, and the court before which that action is
commenced | ||||||
9 | enters
judgment by default against the defendant and in favor | ||||||
10 | of the aggrieved party,
the court shall upon
motion of the | ||||||
11 | Department OBRE set aside that judgment by default. After such | ||||||
12 | a judgment by
default has been set
aside, the Department OBRE | ||||||
13 | shall appear as party defendant to that action, and thereafter | ||||||
14 | the
court shall require
proof of the allegations in the | ||||||
15 | pleadings upon which relief is sought.
| ||||||
16 | (f) The aggrieved person shall give written notice to the | ||||||
17 | Department OBRE within 30 days of
the entry of any
judgment | ||||||
18 | that may result in collection from the Real Estate Recovery | ||||||
19 | Fund. The
aggrieved person shall provide OBRE within 20 days | ||||||
20 | prior written notice of all
supplementary
proceedings so as to | ||||||
21 | allow the Department OBRE to participate in all efforts to | ||||||
22 | collect on the
judgment.
| ||||||
23 | (g) When any aggrieved person recovers a valid judgment in | ||||||
24 | any court of
competent
jurisdiction against any licensee or an | ||||||
25 | unlicensed employee of any broker, upon
the grounds of
fraud, | ||||||
26 | misrepresentation, discrimination, or deceit, the aggrieved |
| |||||||
| |||||||
1 | person may,
upon the termination
of all proceedings, including | ||||||
2 | review and appeals in connection with the
judgment, file a | ||||||
3 | verified
claim in the court in which the judgment was entered | ||||||
4 | and, upon 30 days' written
notice to the Department OBRE ,
and | ||||||
5 | to the person against whom the judgment was obtained, may apply | ||||||
6 | to the
court for an order
directing payment out of the Real | ||||||
7 | Estate Recovery Fund of the amount unpaid
upon the judgment,
| ||||||
8 | not including interest on the judgment, and subject to the | ||||||
9 | limitations stated
in Section 20-85 of this
Act. The aggrieved | ||||||
10 | person must set out in that verified claim and at an
| ||||||
11 | evidentiary hearing to be
held by the court upon the | ||||||
12 | application the aggrieved party shall be required to
show that | ||||||
13 | the
aggrieved person:
| ||||||
14 | (1) Is not a spouse of the debtor or the personal | ||||||
15 | representative of such
spouse.
| ||||||
16 | (2) Has complied with all the requirements of this | ||||||
17 | Section.
| ||||||
18 | (3) Has obtained a judgment stating the amount thereof | ||||||
19 | and the amount
owing thereon,
not including interest | ||||||
20 | thereon, at the date of the application.
| ||||||
21 | (4) Has made all reasonable searches and inquiries to | ||||||
22 | ascertain whether
the judgment
debtor is possessed of real | ||||||
23 | or personal property or other assets, liable to be
sold or | ||||||
24 | applied in
satisfaction of the judgment.
| ||||||
25 | (5) By such search has discovered no personal or real | ||||||
26 | property or other
assets liable to
be sold or applied, or |
| |||||||
| |||||||
1 | has discovered certain of them, describing them as owned
by | ||||||
2 | the judgment
debtor and liable to be so applied and has | ||||||
3 | taken all necessary action and
proceedings for the
| ||||||
4 | realization thereof, and the amount thereby realized was | ||||||
5 | insufficient to
satisfy the judgment, stating
the amount so | ||||||
6 | realized and the balance remaining due on the judgment | ||||||
7 | after
application of the
amount realized.
| ||||||
8 | (6) Has diligently pursued all remedies against all the | ||||||
9 | judgment debtors
and
all other
persons liable to the | ||||||
10 | aggrieved person in the transaction for which recovery is
| ||||||
11 | sought from the Real
Estate Recovery Fund,
including the | ||||||
12 | filing of an adversary action to have the debts declared
| ||||||
13 | non-dischargeable in any bankruptcy petition matter filed | ||||||
14 | by any judgment
debtor or person liable to the aggrieved | ||||||
15 | person.
| ||||||
16 | The aggrieved person shall also be required to prove the | ||||||
17 | amount of attorney's
fees sought to be
recovered and the | ||||||
18 | reasonableness of those fees up to the maximum allowed
pursuant | ||||||
19 | to Section 20-85
of this Act.
| ||||||
20 | (h) The court shall make an order directed to the | ||||||
21 | Department OBRE requiring payment from
the Real Estate
Recovery | ||||||
22 | Fund of whatever sum it finds to be payable upon the claim, | ||||||
23 | pursuant
to and in
accordance with the limitations contained in | ||||||
24 | Section 20-85 of this Act, if the
court is
satisfied, upon the | ||||||
25 | hearing,
of the truth of all matters required to be shown by | ||||||
26 | the aggrieved person under
subsection (g) of this
Section and |
| |||||||
| |||||||
1 | that the aggrieved person has fully pursued and exhausted all
| ||||||
2 | remedies available for
recovering the amount awarded by the | ||||||
3 | judgment of the court.
| ||||||
4 | (i) Should the Department OBRE pay from the Real Estate | ||||||
5 | Recovery Fund any amount in
settlement of a claim
or toward | ||||||
6 | satisfaction of a judgment against a licensed broker or | ||||||
7 | salesperson
or an unlicensed
employee of a broker, the | ||||||
8 | licensee's license shall be automatically terminated
upon the | ||||||
9 | issuance of a
court order authorizing payment from the Real | ||||||
10 | Estate Recovery Fund. No
petition for restoration of
a license | ||||||
11 | shall be heard until repayment has been made in full, plus | ||||||
12 | interest
at the rate prescribed in
Section 12-109 of the Code | ||||||
13 | of Civil Procedure of the amount paid from
the Real Estate | ||||||
14 | Recovery Fund on their account. A discharge in bankruptcy shall
| ||||||
15 | not relieve a
person from the penalties and disabilities | ||||||
16 | provided in this subsection (i).
| ||||||
17 | (j) If, at any time, the money deposited in the Real Estate | ||||||
18 | Recovery Fund is
insufficient to
satisfy any duly authorized | ||||||
19 | claim or portion thereof, the Department OBRE shall, when
| ||||||
20 | sufficient money has been
deposited in the Real Estate Recovery | ||||||
21 | Fund, satisfy such unpaid claims or
portions thereof, in the
| ||||||
22 | order that such claims or portions thereof were originally | ||||||
23 | filed, plus
accumulated interest at the rate
prescribed in | ||||||
24 | Section 12-109 of the Code of Civil Procedure.
| ||||||
25 | (Source: P.A. 91-245, eff. 12-31-99.)
|
| |||||||
| |||||||
1 | (225 ILCS 454/20-95)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 20-95. Power of the Department OBRE to defend. When | ||||||
4 | the Department OBRE receives any process, notice, order, or | ||||||
5 | other document provided for
or
required under
Section 20-90 of | ||||||
6 | this Act, it may enter an appearance, file an answer, appear
at | ||||||
7 | the court hearing,
defend the action, or take whatever other | ||||||
8 | action it deems appropriate on behalf
and in the name of
the | ||||||
9 | defendant and take recourse through any appropriate method of | ||||||
10 | review on
behalf of and in the
name of the defendant.
| ||||||
11 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
12 | (225 ILCS 454/20-100)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
14 | Sec. 20-100. Subrogation of the Department OBRE to rights | ||||||
15 | of judgment creditor. When, upon the order of the court, the | ||||||
16 | Department OBRE has paid from the Real Estate Recovery
Fund any | ||||||
17 | sum to
the judgment creditor, the Department OBRE shall be | ||||||
18 | subrogated to all of the rights of the
judgment creditor and
| ||||||
19 | the judgment creditor shall assign all rights, title, and | ||||||
20 | interest in the
judgment to the Department OBRE and any
amount | ||||||
21 | and interest so recovered by the Department OBRE on the | ||||||
22 | judgment shall be deposited in
the Real Estate
Recovery Fund.
| ||||||
23 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
24 | (225 ILCS 454/20-110)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
2 | Sec. 20-110. Disciplinary actions of the Department OBRE | ||||||
3 | not limited. Nothing contained in Sections 20-80 through 20-100 | ||||||
4 | of this Act limits the
authority of the Department
OBRE to take
| ||||||
5 | disciplinary action against any licensee for a violation of | ||||||
6 | this Act or the
rules of the Department
OBRE , nor shall the | ||||||
7 | repayment in full of all obligations to the Real Estate
| ||||||
8 | Recovery Fund by any
licensee nullify or modify the effect of | ||||||
9 | any other disciplinary proceeding
brought pursuant to this
Act.
| ||||||
10 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
11 | (225 ILCS 454/20-115)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
13 | Sec. 20-115. Time limit on action. No action may be taken | ||||||
14 | by the Department OBRE against any person for violation of the | ||||||
15 | terms of
this Act or its
rules unless the action is commenced | ||||||
16 | within 5 years after the occurrence of the
alleged violation.
| ||||||
17 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
18 | (225 ILCS 454/25-5)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
20 | Sec. 25-5. The Department OBRE ; powers and duties. The | ||||||
21 | Department OBRE shall exercise the powers and duties prescribed | ||||||
22 | by the Civil
Administrative Code of Illinois
for the | ||||||
23 | administration of licensing acts and shall exercise such other | ||||||
24 | powers
and duties as are
prescribed by this Act. The Department |
| |||||||
| |||||||
1 | OBRE may contract with third parties for services or the | ||||||
2 | development of courses
necessary for the proper
administration | ||||||
3 | of this Act.
| ||||||
4 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
5 | (225 ILCS 454/25-10)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
7 | Sec. 25-10.
Real Estate Administration and Disciplinary
| ||||||
8 | Board;
duties.
There is created the Real Estate Administration | ||||||
9 | and Disciplinary Board.
The Board shall be composed of 9 | ||||||
10 | persons appointed by the Governor. Members
shall be
appointed | ||||||
11 | to the Board subject to the following conditions:
| ||||||
12 | (1) All members shall have been residents and citizens | ||||||
13 | of this State for
at least 6 years
prior to the date of | ||||||
14 | appointment.
| ||||||
15 | (2) Six members shall have been actively engaged as | ||||||
16 | brokers or
salespersons or both for
at least the 10 years | ||||||
17 | prior to the appointment.
| ||||||
18 | (3) Three members of the Board shall be public members | ||||||
19 | who represent
consumer
interests.
| ||||||
20 | None of these members shall be (i) a person who is licensed | ||||||
21 | under this
Act or a similar Act of another jurisdiction, (ii) | ||||||
22 | the spouse or family member of a licensee, (iii) , the spouse of | ||||||
23 | a
person licensed under this Act, or a person who has an | ||||||
24 | ownership interest in a
real estate brokerage
business , or (iv) | ||||||
25 | a person the Department determines to have any other connection |
| |||||||
| |||||||
1 | with a real estate brokerage business or a licensee .
The | ||||||
2 | members' terms shall be 4 years or until their successor is | ||||||
3 | appointed, and the expiration of their terms shall be
| ||||||
4 | staggered.
Appointments to fill vacancies shall be for the | ||||||
5 | unexpired portion of the term. No
A member shall be reappointed | ||||||
6 | to the Board for a term that would cause his or her service on | ||||||
7 | the Board to be longer than 12 years in a lifetime may be | ||||||
8 | reappointed for successive terms but no person shall be
| ||||||
9 | appointed to more than 2 terms or any part thereof in
his or | ||||||
10 | her lifetime.
Persons holding office as members of the Board | ||||||
11 | immediately prior to December
31, 1999
under the Real Estate | ||||||
12 | License Act of 1983 shall continue as members of the
Board | ||||||
13 | until the
expiration of the
term for which they were appointed | ||||||
14 | and until their successors are appointed and
qualified .
The | ||||||
15 | membership of the Board should reasonably reflect the | ||||||
16 | geographic
distribution of the licensee
population in this | ||||||
17 | State. In making the appointments, the Governor shall give
due | ||||||
18 | consideration
to the recommendations by members and | ||||||
19 | organizations of the profession.
The Governor may terminate the | ||||||
20 | appointment of any member for cause that in the
opinion of the
| ||||||
21 | Governor reasonably justifies the termination. Cause for | ||||||
22 | termination shall
include without limitation
misconduct, | ||||||
23 | incapacity, neglect of duty, or missing 4 board meetings during | ||||||
24 | any
one
calendar year.
Each member of the Board may shall | ||||||
25 | receive a per diem stipend in an amount to be
determined by the | ||||||
26 | Secretary
Commissioner . Each member shall be paid his or her |
| |||||||
| |||||||
1 | necessary expenses while
engaged in the
performance of his or | ||||||
2 | her duties. Such compensation and expenses shall be paid
out of | ||||||
3 | the Real Estate
License Administration Fund.
The Secretary | ||||||
4 | Commissioner shall consider the recommendations of the Board on | ||||||
5 | questions
involving
standards of professional conduct, | ||||||
6 | discipline, and examination of candidates
under this Act. The | ||||||
7 | Department
OBRE , after notifying and considering the | ||||||
8 | recommendations of the Board, if any,
may issue rules,
| ||||||
9 | consistent with the provisions of this Act, for the | ||||||
10 | administration and
enforcement thereof and may
prescribe forms | ||||||
11 | that shall be used in connection therewith. Five Board members | ||||||
12 | shall constitute a quorum. A quorum is required for all Board | ||||||
13 | decisions
None of the functions, powers, or duties enumerated | ||||||
14 | in Sections 20-20 and 30-5
and subsections (a) and
(j) of | ||||||
15 | Section 20-60 of this Act shall be exercised by OBRE except | ||||||
16 | upon the
action and report in
writing of the Board .
| ||||||
17 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
18 | (225 ILCS 454/25-13)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
20 | Sec. 25-13. Rules. The Department OBRE , after notifying and | ||||||
21 | considering the recommendations of the Board, if any,
shall | ||||||
22 | adopt,
promulgate, and issue any rules that may be necessary | ||||||
23 | for the implementation
and enforcement of
this Act. Rulemaking | ||||||
24 | authority to implement this Act is conditioned on the rules | ||||||
25 | being adopted in accordance with all provisions of and |
| |||||||
| |||||||
1 | procedures and rules implementing the Illinois Administrative | ||||||
2 | Procedure Act. Any rule not so adopted, for whatever reason, is | ||||||
3 | unauthorized.
| ||||||
4 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
5 | (225 ILCS 454/25-14)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
7 | Sec. 25-14. Reliance on advisory letters. Licensees or | ||||||
8 | their
representatives may seek an advisory letter from the | ||||||
9 | Department OBRE as to matters arising
under this Act or the | ||||||
10 | rules promulgated pursuant to this Act. The Department OBRE | ||||||
11 | shall
promulgate rules as to the process of seeking and | ||||||
12 | obtaining an advisory letter
and topics and areas on which | ||||||
13 | advisory rules will be issued by the Department OBRE . A
| ||||||
14 | licensee is entitled to rely upon an advisory letter from the | ||||||
15 | Department OBRE and will not be
disciplined by the Department | ||||||
16 | OBRE for actions taken in reliance on the advisory letter.
| ||||||
17 | (Source: P.A. 92-217, eff. 8-2-01.)
| ||||||
18 | (225 ILCS 454/25-15)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
20 | Sec. 25-15. Director of Real Estate Coordinator ; duties. | ||||||
21 | There shall be in the Department a OBRE a Director and a Deputy | ||||||
22 | Director of Real Estate Coordinator ,
appointed by the Secretary
| ||||||
23 | Commissioner , who shall hold
a currently valid broker's | ||||||
24 | license, which shall be surrendered to the Department OBRE |
| |||||||
| |||||||
1 | during
the appointment.
The Director of Real Estate Coordinator | ||||||
2 | shall have report to the Commissioner and shall do the
| ||||||
3 | following duties and responsibilities :
| ||||||
4 | (1) act as Chairperson of the Board, ex-officio, | ||||||
5 | without vote;
| ||||||
6 | (2) be the direct liaison between the Department OBRE , | ||||||
7 | the profession, and real estate
organizations
and | ||||||
8 | associations;
| ||||||
9 | (3) prepare and circulate to licensees any educational | ||||||
10 | and informational
material that the Department
OBRE deems | ||||||
11 | necessary for providing guidance or assistance to | ||||||
12 | licensees;
| ||||||
13 | (4) appoint any necessary committees to assist in the | ||||||
14 | performance of the
functions and
duties of the Department | ||||||
15 | OBRE under this Act; and
| ||||||
16 | (5) subject to the administrative approval of the | ||||||
17 | Secretary Commissioner , supervise
all real estate
| ||||||
18 | activities of OBRE .
| ||||||
19 | The Commissioner shall appoint, for a term of 4 years, a | ||||||
20 | Deputy Director of
Real Estate who shall hold a currently valid | ||||||
21 | broker's license, which shall be
surrendered to OBRE during the | ||||||
22 | appointment. Under direction of the Director of
Real Estate, | ||||||
23 | the Deputy Director of Real Estate shall be responsible for the
| ||||||
24 | administration of the licensing, disciplinary, and education | ||||||
25 | provisions of this
Act. The Deputy Director shall also assist | ||||||
26 | the Director of Real Estate in the
performance of his or her |
| |||||||
| |||||||
1 | duties.
| ||||||
2 | In designating the Director and Deputy Director of Real | ||||||
3 | Estate Coordinator , the
Secretary Commissioner shall give due
| ||||||
4 | consideration to
recommendations by members and organizations | ||||||
5 | of the profession.
| ||||||
6 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
7 | (225 ILCS 454/25-20)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
9 | Sec. 25-20. Staff. The Department OBRE shall employ a | ||||||
10 | minimum of one investigator per 10,000 licensees and one | ||||||
11 | prosecutor per 20,000 licensees in order to have sufficient | ||||||
12 | staff to perform the Department's obligations under the Act. | ||||||
13 | carry out the provisions of this Act.
| ||||||
14 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
15 | (225 ILCS 454/25-21 new)
| ||||||
16 | Sec. 25-21. Peer review advisors. The Department may | ||||||
17 | contract with licensees meeting qualifications established by | ||||||
18 | the Department to serve as peer review advisors for complaints | ||||||
19 | and alleged violations of the Act. A peer review advisor is | ||||||
20 | authorized to investigate and determine the facts of a | ||||||
21 | complaint. The peer review advisor shall, at the direction of | ||||||
22 | the Department, interview witnesses, the complainant and any | ||||||
23 | licensees involved in the alleged matter and make a | ||||||
24 | recommendation as to the findings of fact to the Department. |
| |||||||
| |||||||
1 | The Department shall have 30 days from receipt of the | ||||||
2 | recommendation to accept, reject or modify the recommended | ||||||
3 | findings of fact. Peer review advisors shall be compensated | ||||||
4 | from the Real Estate Audit Fund at a rate of not to exceed | ||||||
5 | $15,000.00 per advisor annually. A peer review advisor shall | ||||||
6 | not investigate a complaint from a marketplace in which the | ||||||
7 | peer review advisor does business.
| ||||||
8 | (225 ILCS 454/25-25)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
10 | Sec. 25-25. Real Estate Research and Education Fund. A | ||||||
11 | special fund to be known as the Real Estate Research and | ||||||
12 | Education Fund is
created and shall be
held in trust in the | ||||||
13 | State Treasury. Annually, on September 15th, the State
| ||||||
14 | Treasurer shall cause a
transfer of $125,000 to the Real Estate | ||||||
15 | Research and Education Fund from the
Real Estate License
| ||||||
16 | Administration Fund. The Real Estate Research and Education | ||||||
17 | Fund shall be
administered by
the Department OBRE . Money | ||||||
18 | deposited in the Real Estate Research and Education Fund may be
| ||||||
19 | used for research and
education at state
institutions of higher | ||||||
20 | education or other organizations for research and the
| ||||||
21 | advancement of
education in the real estate industry.
Of the | ||||||
22 | $125,000 annually transferred into the Real Estate Research and
| ||||||
23 | Education Fund, $15,000
shall be used to fund a scholarship | ||||||
24 | program for persons of minority racial
origin who wish to
| ||||||
25 | pursue a course of study in the field of real estate. For the |
| |||||||
| |||||||
1 | purposes of this
Section, "course of
study" means a course or | ||||||
2 | courses that are part of a program of courses in the
field of | ||||||
3 | real estate
designed to further an individual's knowledge or | ||||||
4 | expertise in the field of real
estate. These courses
shall | ||||||
5 | include without limitation courses that a salesperson licensed | ||||||
6 | under this
Act must
complete to qualify for a real estate | ||||||
7 | broker's license, courses that a broker licensed under this Act | ||||||
8 | must complete to qualify for a managing broker's license, | ||||||
9 | courses required to
obtain the Graduate
Realtors Institute | ||||||
10 | designation, and any other courses or programs offered by
| ||||||
11 | accredited colleges,
universities, or other institutions of | ||||||
12 | higher education in Illinois. The
scholarship program shall be
| ||||||
13 | administered by the Department OBRE or its designee.
Moneys in | ||||||
14 | the Real Estate Research and Education Fund may be invested and
| ||||||
15 | reinvested in the
same manner as funds in the Real Estate | ||||||
16 | Recovery Fund and all earnings,
interest, and dividends
| ||||||
17 | received from such investments shall be deposited in the Real | ||||||
18 | Estate Research
and Education Fund
and may be used for the same | ||||||
19 | purposes as moneys transferred to the Real Estate
Research and | ||||||
20 | Education Fund. Moneys in the Real Estate Research and | ||||||
21 | Education Fund may be transferred to the Professions Indirect | ||||||
22 | Cost Fund as authorized under Section 2105-300 of the | ||||||
23 | Department of Professional Regulation Law of the Civil | ||||||
24 | Administrative Code of Illinois.
| ||||||
25 | (Source: P.A. 94-91, eff. 7-1-05.)
|
| |||||||
| |||||||
1 | (225 ILCS 454/25-30)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 25-30. Real Estate License Administration Fund; | ||||||
4 | audit. A special fund to be known as the Real Estate License | ||||||
5 | Administration Fund is
created in the State
Treasury. All fees | ||||||
6 | received by the Department OBRE under this Act shall be | ||||||
7 | deposited in
the Real Estate License Administration Fund. The
| ||||||
8 | moneys
deposited in the Real Estate License Administration Fund | ||||||
9 | shall be appropriated
to the Department OBRE for
expenses of | ||||||
10 | the Department OBRE and the Board in the administration of this | ||||||
11 | Act and for the
administration of any
Act administered by the | ||||||
12 | Department OBRE providing revenue to this Fund.
Moneys in the | ||||||
13 | Real Estate License Administration Fund may be invested and
| ||||||
14 | reinvested in the
same manner as funds in the Real Estate | ||||||
15 | Recovery Fund. All earnings received
from such
investment shall | ||||||
16 | be deposited in the Real Estate License Administration Fund
and | ||||||
17 | may be used for
the same purposes as fees deposited in the Real | ||||||
18 | Estate License Administration
Fund.
Moneys in the Real Estate | ||||||
19 | License Administration Fund may be transferred to the | ||||||
20 | Professions Indirect Cost Fund as authorized under Section | ||||||
21 | 2105-300 of the Department of Professional Regulation Law of | ||||||
22 | the Civil Administrative Code of Illinois. Upon the completion | ||||||
23 | of any audit of the Department OBRE , as prescribed by the | ||||||
24 | Illinois State
Auditing Act, which
includes an audit of the | ||||||
25 | Real Estate License Administration Fund, the Department OBRE | ||||||
26 | shall
make the audit open
to inspection by any interested |
| |||||||
| |||||||
1 | person.
| ||||||
2 | (Source: P.A. 94-91, eff. 7-1-05.)
| ||||||
3 | (225 ILCS 454/25-35)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
5 | Sec. 25-35. Real Estate Recovery Fund. A special fund to be | ||||||
6 | known as the Real Estate Recovery Fund is created in
the
State | ||||||
7 | Treasury. All fines and penalties The
sums received by the | ||||||
8 | Department OBRE pursuant to Article 20 the provisions of | ||||||
9 | Sections 20-20, 20-30, and
20-80
through 20-100 of this Act
| ||||||
10 | shall be deposited into the State Treasury and held in the Real
| ||||||
11 | Estate Recovery Fund. The money in the Real Estate Recovery | ||||||
12 | Fund shall be used
by
the Department OBRE exclusively for
| ||||||
13 | carrying out the
purposes established by this Act. If, at any | ||||||
14 | time, the balance remaining in
the Real Estate Recovery Fund is | ||||||
15 | less than
$750,000, the State Treasurer shall cause a transfer | ||||||
16 | of moneys to the Real
Estate Recovery Fund
from the Real Estate | ||||||
17 | License Administration Fund in an amount necessary to
establish | ||||||
18 | a balance of
$800,000 in the Real Estate Recovery Fund. These | ||||||
19 | funds may be invested and
reinvested in
the same manner
as | ||||||
20 | authorized for pension funds in Article 1 14 of the Illinois | ||||||
21 | Pension Code.
All
earnings, interest, and
dividends received | ||||||
22 | from investment of funds in the Real Estate Recovery Fund
shall | ||||||
23 | be deposited
into the Real Estate License Administration Fund | ||||||
24 | and shall be used for the same
purposes as other
moneys | ||||||
25 | deposited in the Real Estate License Administration Fund.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
2 | (225 ILCS 454/25-37)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
4 | Sec. 25-37. Real Estate Audit Fund; audit of special | ||||||
5 | accounts; audit of
fund. | ||||||
6 | (a) A special fund to be known as the Real Estate Audit | ||||||
7 | Fund is created in
the State Treasury. The State Treasurer | ||||||
8 | shall cause a transfer of $200,000
from the Real Estate License | ||||||
9 | Administration Fund to the Real Estate Audit Fund
on January 1, | ||||||
10 | 2002. If, at any time, the balance in the Real Estate Audit | ||||||
11 | Fund
is less than $25,000, the State Treasurer shall cause a | ||||||
12 | transfer of $200,000
from the Real Estate License | ||||||
13 | Administration Fund to the Real Estate Audit Fund.
The moneys | ||||||
14 | held in the Real Estate Audit Fund shall be used exclusively by | ||||||
15 | the Department
OBRE to conduct audits of special accounts of | ||||||
16 | moneys belonging to others held
by a broker.
| ||||||
17 | (b) Upon receipt of a complaint or evidence by the | ||||||
18 | Department OBRE sufficient to cause the Department OBRE
to | ||||||
19 | reasonably believe that funds required to be maintained in a | ||||||
20 | special account
by a broker have been misappropriated, the | ||||||
21 | broker shall, within 30 days of
written notice, submit to an | ||||||
22 | audit of all special accounts. Such audit shall
be performed by | ||||||
23 | a licensed certified public accountant, shall result in a
| ||||||
24 | written report by the accountant, and shall specifically refer | ||||||
25 | to the escrow
and record-keeping requirements of this Act and |
| |||||||
| |||||||
1 | the rules adopted under this
Act. If it is found, pursuant to | ||||||
2 | an order issued by the Secretary Commissioner , that
moneys | ||||||
3 | required to be maintained in a special account by a broker were
| ||||||
4 | misappropriated, as further defined by rule, the broker shall | ||||||
5 | reimburse the Department OBRE ,
in addition to any other | ||||||
6 | discipline or civil penalty imposed, for the cost of
the audit | ||||||
7 | performed pursuant to this Section. The Department OBRE may | ||||||
8 | file in circuit court
for a judgment to enforce the collection | ||||||
9 | of the reimbursement of the cost of
such audit. Any | ||||||
10 | reimbursement collected by the Department OBRE shall be | ||||||
11 | deposited into the
Real Estate Audit Fund.
| ||||||
12 | (c) Moneys in the Real Estate Audit Fund may be invested | ||||||
13 | and reinvested in
the same manner as funds in the Real Estate | ||||||
14 | Recovery Fund. All earnings
received from such investment shall | ||||||
15 | be deposited in the Real Estate Audit Fund
and may be used for | ||||||
16 | the same purpose as other moneys deposited in the Real
Estate | ||||||
17 | Audit Fund. Moneys in the Real Estate Audit Fund may be | ||||||
18 | transferred to the Professions Indirect Cost Fund as authorized | ||||||
19 | under Section 2105-300 of the Department of Professional | ||||||
20 | Regulation Law of the Civil Administrative Code of Illinois.
| ||||||
21 | Upon completion of any audit of the Department OBRE , prescribed | ||||||
22 | by the
Illinois State Auditing Act, which includes an audit of | ||||||
23 | the Real Estate Audit
Fund, the Department OBRE shall make the | ||||||
24 | audit open to inspection by any interested person.
| ||||||
25 | (Source: P.A. 94-91, eff. 7-1-05.)
|
| |||||||
| |||||||
1 | (225 ILCS 454/30-5)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
3 | Sec. 30-5.
Licensing of pre-license schools, school | ||||||
4 | branches, and
instructors.
| ||||||
5 | (a) No person shall operate a pre-license school or school | ||||||
6 | branch without
possessing a valid
pre-license school or school | ||||||
7 | branch license issued by the Department OBRE . No person shall
| ||||||
8 | act as a pre-license instructor at a pre-license school or | ||||||
9 | school branch
without possessing
a valid pre-license
| ||||||
10 | instructor license issued by the Department OBRE . Every person | ||||||
11 | who desires to obtain a
pre-license school,
school branch, or | ||||||
12 | pre-license instructor license shall make application to the | ||||||
13 | Department OBRE
in writing in form
and substance satisfactory | ||||||
14 | to the Department OBRE and pay the required fees prescribed by
| ||||||
15 | rule. In addition to any
other information required to be | ||||||
16 | contained in the application, every
application for an original | ||||||
17 | or
renewed license shall include the applicant's Social | ||||||
18 | Security number. The Department OBRE
shall issue a pre-license | ||||||
19 | school, school branch, or pre-license instructor
license to | ||||||
20 | applicants who meet
qualification criteria established by | ||||||
21 | rule. The Department OBRE may refuse to issue, suspend,
revoke, | ||||||
22 | or otherwise discipline a pre-license school, school branch, or
| ||||||
23 | pre-license instructor
license or may withdraw
approval of a | ||||||
24 | course offered by a pre-license school for good cause.
| ||||||
25 | Disciplinary proceedings
shall be conducted by the Board in the | ||||||
26 | same manner as other disciplinary
proceedings under this
Act.
|
| |||||||
| |||||||
1 | (b) All pre-license instructors must teach at least one | ||||||
2 | course within the
period of licensure or
take an instructor | ||||||
3 | training program approved by the Department OBRE in lieu | ||||||
4 | thereof. A
pre-license instructor
may teach at more than one | ||||||
5 | licensed pre-license school.
| ||||||
6 | (c) The term of license for pre-license schools, branches, | ||||||
7 | and instructors
shall be 2 years as
established by rule.
| ||||||
8 | (d) The Department OBRE or the Advisory Council may, after | ||||||
9 | notice, cause a pre-license
school to attend an
informal | ||||||
10 | conference before the Advisory Council for failure to comply | ||||||
11 | with any
requirement for
licensure or for failure to comply | ||||||
12 | with any provision of this Act or the rules
for the | ||||||
13 | administration
of this Act. The Advisory Council shall make a | ||||||
14 | recommendation to the Board as
a result of its
findings at the | ||||||
15 | conclusion of any such informal conference.
| ||||||
16 | (e) For purposes of this Section, the term "pre-license" | ||||||
17 | shall also include the 30-hour post-license course required to | ||||||
18 | be taken to retain a broker's license. | ||||||
19 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
20 | (225 ILCS 454/30-10)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
22 | Sec. 30-10. Advisory Council; powers and duties. There is | ||||||
23 | created within the Department OBRE an Advisory Council to be | ||||||
24 | comprised of 5 7 members
appointed by the Governor . The | ||||||
25 | members' terms shall be 4 years or until their successor is |
| |||||||
| |||||||
1 | appointed and the expiration of their terms shall be staggered | ||||||
2 | for 4-year staggered terms . No member shall be reappointed to | ||||||
3 | the Advisory Council for a term that would cause his or her | ||||||
4 | service on the Advisory Council to be longer than 12 serve
more | ||||||
5 | than 8
years in a lifetime. Two Three of the members shall be | ||||||
6 | licensees who are current
members of the Board,
one member | ||||||
7 | shall be a representative of an Illinois real estate trade
| ||||||
8 | organization who is not a
member of the Board, one member shall | ||||||
9 | be a representative of a licensed
pre-license school or
| ||||||
10 | continuing education school, and one member shall be a | ||||||
11 | representative of an
institution of higher
education that | ||||||
12 | offers pre-license and continuing education courses. The Real | ||||||
13 | Estate Coordinator
Director
shall serve as the chairman of the | ||||||
14 | Advisory Council, ex officio, without vote. Three Advisory | ||||||
15 | Council members shall constitute a quorum. A quorum is required | ||||||
16 | for all Advisory Council decisions.
The Advisory Council shall | ||||||
17 | recommend criteria for the licensing and renewal of pre-license
| ||||||
18 | schools, pre-license instructors, continuing education | ||||||
19 | schools, and continuing
education instructors; review
| ||||||
20 | applications for these licenses to determine if the applicants | ||||||
21 | meet the
qualifications for licensure
established in this Act | ||||||
22 | and by rule; approve pre-license school and continuing
| ||||||
23 | education
curricula; and make recommendations to the Board | ||||||
24 | regarding rules to be adopted
for the conduct of schools and | ||||||
25 | instructors and the
administration of the education provisions | ||||||
26 | of this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
2 | (225 ILCS 454/30-15)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
4 | Sec. 30-15.
Licensing of continuing education schools; | ||||||
5 | approval of
courses.
| ||||||
6 | (a) Only continuing education schools in possession of a | ||||||
7 | valid continuing
education
school license
may provide real | ||||||
8 | estate continuing education courses that will satisfy the
| ||||||
9 | requirements of this
Act. Pre-license schools licensed to offer | ||||||
10 | pre-license education courses for
salespersons , brokers and
| ||||||
11 | managing brokers shall qualify for a continuing education | ||||||
12 | school license upon completion
of an application
and the | ||||||
13 | submission of the required fee. Every entity that desires to | ||||||
14 | obtain a
continuing education
school license shall make | ||||||
15 | application to the Department OBRE in writing in forms | ||||||
16 | prescribed by the Department
OBRE and pay
the fee prescribed by | ||||||
17 | rule. In addition to any other information required to
be | ||||||
18 | contained in the
application, every application for an original | ||||||
19 | or renewed license shall include
the applicant's Social
| ||||||
20 | Security number.
| ||||||
21 | (b) The criteria for a continuing education license
shall | ||||||
22 | include the
following:
| ||||||
23 | (1) A sound financial base for establishing, | ||||||
24 | promoting, and delivering the
necessary
courses. Budget | ||||||
25 | planning for the School's courses should be clearly |
| |||||||
| |||||||
1 | projected.
| ||||||
2 | (2) A sufficient number of qualified, licensed | ||||||
3 | instructors as provided by
rule.
| ||||||
4 | (3) Adequate support personnel to assist with | ||||||
5 | administrative matters and
technical
assistance.
| ||||||
6 | (4) Maintenance and availability of records of | ||||||
7 | participation for
licensees.
| ||||||
8 | (5) The ability to provide each participant who | ||||||
9 | successfully completes an
approved
program with a | ||||||
10 | certificate of completion signed by the administrator of a
| ||||||
11 | licensed continuing
education school on forms provided by | ||||||
12 | the Department OBRE .
| ||||||
13 | (6) The continuing education school must have a written | ||||||
14 | policy dealing
with
procedures for the management of | ||||||
15 | grievances and fee refunds.
| ||||||
16 | (7) The continuing education school shall maintain | ||||||
17 | lesson plans and
examinations for
each course.
| ||||||
18 | (8) The continuing education school shall require a 70% | ||||||
19 | passing grade for
successful
completion of any continuing | ||||||
20 | education course.
| ||||||
21 | (9) The continuing education school shall identify and | ||||||
22 | use instructors who
will teach
in a planned program. | ||||||
23 | Suggested criteria for instructor selections include:
| ||||||
24 | (A) appropriate credentials;
| ||||||
25 | (B) competence as a teacher;
| ||||||
26 | (C) knowledge of content area; and
|
| |||||||
| |||||||
1 | (D) qualification by experience.
| ||||||
2 | (10) The continuing education school shall provide a | ||||||
3 | proctor or an electronic means of proctoring for each | ||||||
4 | examination. The continuing education school shall be | ||||||
5 | responsible for the conduct of the proctor. The duties and | ||||||
6 | responsibilities of a proctor shall be established by rule. | ||||||
7 | (11) The continuing education school must provide for | ||||||
8 | closed book examinations for each course unless the | ||||||
9 | Advisory Council excuses this requirement based on the | ||||||
10 | complexity of the course material. | ||||||
11 | (c) Advertising and promotion of continuing education | ||||||
12 | activities must be
carried out in
a responsible fashion, | ||||||
13 | clearly showing the educational objectives of the
activity, the | ||||||
14 | nature of the
audience that may benefit from the activity, the | ||||||
15 | cost of the activity to the
participant and the items
covered | ||||||
16 | by the cost, the amount of credit that can be earned, and the
| ||||||
17 | credentials of the faculty.
| ||||||
18 | (d) The Department OBRE may or upon request of the Advisory | ||||||
19 | Council shall, after notice,
cause a
continuing education | ||||||
20 | school to attend an informal conference before the
Advisory | ||||||
21 | Council for
failure to comply with any requirement for | ||||||
22 | licensure or for failure to comply
with any provision of
this | ||||||
23 | Act or the rules for the administration of this Act. The | ||||||
24 | Advisory Council
shall make a
recommendation to the Board as a | ||||||
25 | result of its findings at the conclusion of
any such informal
| ||||||
26 | conference.
|
| |||||||
| |||||||
1 | (e) All continuing education schools shall maintain these | ||||||
2 | minimum criteria
and pay
the required fee in order to retain | ||||||
3 | their continuing education school license.
| ||||||
4 | (f) All continuing education schools shall submit, at the | ||||||
5 | time of initial
application and
with each license renewal, a | ||||||
6 | list of courses with course materials to be
offered by the | ||||||
7 | continuing
education school. The Department OBRE , however, | ||||||
8 | shall establish a mechanism whereby
continuing education
| ||||||
9 | schools may apply for and obtain approval for continuing | ||||||
10 | education courses that
are submitted
after the time of initial | ||||||
11 | application or renewal. The Department OBRE shall provide to | ||||||
12 | each
continuing education
school a certificate for each | ||||||
13 | approved continuing education course. All
continuing education
| ||||||
14 | courses shall be valid for the period coinciding with the term | ||||||
15 | of license of
the continuing education
school. All continuing | ||||||
16 | education schools shall provide a copy of the
certificate of | ||||||
17 | the continuing
education course within the course materials | ||||||
18 | given to each student or shall
display a copy of the
| ||||||
19 | certificate of the continuing education course in a conspicuous | ||||||
20 | place at the
location of the class.
| ||||||
21 | (g) Each continuing education school shall provide to the | ||||||
22 | Department OBRE a monthly report
in a
format determined by the | ||||||
23 | Department OBRE , with information concerning students who
| ||||||
24 | successfully completed all
approved continuing education | ||||||
25 | courses offered by the continuing education
school for the | ||||||
26 | prior
month.
|
| |||||||
| |||||||
1 | (h) The Department OBRE , upon the recommendation of the | ||||||
2 | Advisory Council, may temporarily
suspend a licensed | ||||||
3 | continuing education school's approved courses without
hearing | ||||||
4 | and refuse to
accept successful completion of or participation | ||||||
5 | in any of these continuing
education courses for
continuing | ||||||
6 | education credit from that school upon the failure of that
| ||||||
7 | continuing education school
to comply with the provisions of | ||||||
8 | this Act or the rules for the administration
of this Act, until | ||||||
9 | such
time as the Department OBRE receives satisfactory | ||||||
10 | assurance of compliance. The Department OBRE shall notify
the | ||||||
11 | continuing
education school of the noncompliance and may | ||||||
12 | initiate disciplinary
proceedings pursuant to
this Act. The | ||||||
13 | Department
OBRE may refuse to issue, suspend, revoke, or | ||||||
14 | otherwise discipline the license
of a continuing
education | ||||||
15 | school or may withdraw approval of a continuing education | ||||||
16 | course for
good cause.
Failure to comply with the requirements | ||||||
17 | of this Section or any other
requirements
established by rule | ||||||
18 | shall
be deemed to be good cause. Disciplinary proceedings | ||||||
19 | shall be conducted by the
Board in the same
manner as other | ||||||
20 | disciplinary proceedings under this Act.
| ||||||
21 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
22 | (225 ILCS 454/30-20)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
24 | Sec. 30-20. Fees for continuing education school license; | ||||||
25 | renewal; term. All applications for a continuing education |
| |||||||
| |||||||
1 | school license shall be
accompanied by a
nonrefundable | ||||||
2 | application fee in an amount established by rule.
All
| ||||||
3 | continuing education schools
shall be required to submit a | ||||||
4 | renewal application, the required fee as
established by rule, | ||||||
5 | and a
listing of the courses to be offered during the year to | ||||||
6 | renew their continuing
education school
licenses. The term for | ||||||
7 | a continuing education school license shall be 2 years
and
as | ||||||
8 | established by
rule.
The fees collected under this Article 30 | ||||||
9 | shall be deposited in the Real Estate
License Administration | ||||||
10 | Fund and
shall be used to defray the cost of administration of | ||||||
11 | the program and per diem
of the Advisory
Council as determined | ||||||
12 | by the Secretary Commissioner .
| ||||||
13 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
14 | (225 ILCS 454/30-25)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
16 | Sec. 30-25. Licensing of continuing education instructors.
| ||||||
17 | (a) No such person shall act as a continuing education | ||||||
18 | instructor at a continuing education school or branch without | ||||||
19 | possessing Only persons approved by the Advisory Council and in | ||||||
20 | possession of a
valid continuing
education instructor license | ||||||
21 | and satisfying any other qualification criteria established by | ||||||
22 | the Department by rule issued by OBRE may instruct continuing | ||||||
23 | education
courses .
| ||||||
24 | (b) After the effective date of this Act, every person who | ||||||
25 | desires to obtain a continuing education instructor's license |
| |||||||
| |||||||
1 | shall attend and successfully complete a one-day instructor | ||||||
2 | development workshop, as approved by the Department. The term | ||||||
3 | of licensure for a continuing education instructor shall be 2 | ||||||
4 | years and as established by rule. Every person who desires to | ||||||
5 | obtain a continuing education instructor
license shall make
| ||||||
6 | application to the Department OBRE in writing on forms | ||||||
7 | prescribed by the Office, accompanied
by the fee
prescribed by | ||||||
8 | rule. In addition to any other information required to be
| ||||||
9 | contained in the application,
every application for an original | ||||||
10 | or renewed license shall include the
applicant's Social | ||||||
11 | Security
number. The Department OBRE shall issue a continuing | ||||||
12 | education instructor license to
applicants who meet
| ||||||
13 | qualification criteria established by this Act or rule.
| ||||||
14 | (c) The Department OBRE may refuse to issue, suspend, | ||||||
15 | revoke, or otherwise discipline a
continuing education
| ||||||
16 | instructor for good cause. Disciplinary proceedings shall be | ||||||
17 | conducted by the
Board in the same
manner as other disciplinary | ||||||
18 | proceedings under this Act. All The term of a license
for a | ||||||
19 | continuing
education instructors instructor shall be 2 years | ||||||
20 | and as established by rule. All
Continuing
Education | ||||||
21 | Instructors
must teach at least one course within the period of | ||||||
22 | licensure or take an
instructor training program
approved by | ||||||
23 | the Department OBRE in lieu thereof.
| ||||||
24 | (Source: P.A. 91-245, eff. 12-31-99.)
| ||||||
25 | Section 25. The Code of Civil Procedure is amended by |
| |||||||
| |||||||
1 | changing Sections 15-1503 and 15-1508 as follows:
| ||||||
2 | (735 ILCS 5/15-1503) (from Ch. 110, par. 15-1503)
| ||||||
3 | Sec. 15-1503. Notice of Foreclosure. | ||||||
4 | (a) A notice of foreclosure, whether
the foreclosure is | ||||||
5 | initiated by complaint or
counterclaim, made in accordance with | ||||||
6 | this Section and recorded in the
county in which the mortgaged | ||||||
7 | real estate is located shall be constructive
notice of the | ||||||
8 | pendency of the foreclosure to every person claiming an
| ||||||
9 | interest in or lien on the mortgaged real estate, whose | ||||||
10 | interest or lien
has not been recorded prior to the recording | ||||||
11 | of such notice of foreclosure.
Such notice of foreclosure must | ||||||
12 | be executed by any party or any party's
attorney and shall | ||||||
13 | include (i) the names of all plaintiffs and the case
number, | ||||||
14 | (ii) the court in which the action was brought, (iii) the names | ||||||
15 | of
title holders of record, (iv) a legal description of the | ||||||
16 | real estate
sufficient to identify it with reasonable | ||||||
17 | certainty, (v) a common address
or description of the location | ||||||
18 | of the real estate and (vi) identification
of the mortgage | ||||||
19 | sought to be foreclosed. An incorrect common address or
| ||||||
20 | description of the location, or an immaterial error in the | ||||||
21 | identification
of a plaintiff or title holder of record, shall | ||||||
22 | not invalidate the lis
pendens effect of the notice under this | ||||||
23 | Section.
A notice which complies with this Section shall be | ||||||
24 | deemed to comply with
Section 2-1901 of the Code of Civil
| ||||||
25 | Procedure and shall have the same effect as a notice filed |
| |||||||
| |||||||
1 | pursuant to
that Section; however, a notice which complies with | ||||||
2 | Section 2-1901 shall
not be constructive notice unless it also | ||||||
3 | complies with the requirements of
this Section.
| ||||||
4 | (b) With respect to residential real estate, a copy of the | ||||||
5 | notice of foreclosure described in subsection (a) of Section | ||||||
6 | 15-1503 shall be sent by first class mail, postage prepaid, to | ||||||
7 | the municipality within the boundary of which the mortgaged | ||||||
8 | real estate is located, or to the county within the boundary of | ||||||
9 | which the mortgaged real estate is located if the mortgaged | ||||||
10 | real estate is located in an unincorporated territory. A | ||||||
11 | municipality or county must clearly publish on its website a | ||||||
12 | single address to which such notice shall be sent. If a | ||||||
13 | municipality or county does not maintain a website, then the | ||||||
14 | municipality or county must publicly post in its main office a | ||||||
15 | single address to which such notice shall be sent. In the event | ||||||
16 | that a municipality or county has not complied with the | ||||||
17 | publication requirement in this subsection (b), then such | ||||||
18 | notice to the municipality or county shall be provided pursuant | ||||||
19 | to Section 2-211 of the Code of Civil Procedure. | ||||||
20 | (Source: P.A. 86-974.)
| ||||||
21 | (735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508)
| ||||||
22 | Sec. 15-1508. Report of Sale and Confirmation of Sale.
| ||||||
23 | (a) Report. The person conducting the sale shall promptly | ||||||
24 | make a report to
the court, which report shall include a copy | ||||||
25 | of all receipts and, if any,
certificate of sale.
|
| |||||||
| |||||||
1 | (b) Hearing. Upon motion and notice in accordance with | ||||||
2 | court rules
applicable to motions generally, which motion shall | ||||||
3 | not be made prior to
sale, the court shall conduct a hearing to
| ||||||
4 | confirm the sale. Unless the court finds that (i) a notice | ||||||
5 | required in
accordance with subsection (c) of Section 15-1507 | ||||||
6 | was not given, (ii) the
terms of sale were unconscionable, | ||||||
7 | (iii) the sale was conducted
fraudulently or (iv) that justice | ||||||
8 | was otherwise not done, the court shall
then enter an order | ||||||
9 | confirming the sale. The confirmation order shall include a | ||||||
10 | name, address, and telephone number of the holder of the | ||||||
11 | certificate of sale or deed issued pursuant to that certificate | ||||||
12 | or, if no certificate or deed was issued, the purchaser, whom a | ||||||
13 | municipality or county may contact with concerns about the real | ||||||
14 | estate. The confirmation order may
also:
| ||||||
15 | (1) approve the mortgagee's fees and costs arising | ||||||
16 | between the entry of
the judgment of foreclosure and the | ||||||
17 | confirmation hearing, those costs and
fees to be allowable | ||||||
18 | to the same extent as provided in the note and mortgage
and | ||||||
19 | in Section 15-1504;
| ||||||
20 | (2) provide for a personal judgment against any party | ||||||
21 | for a deficiency;
and
| ||||||
22 | (3) determine the priority of the judgments of parties | ||||||
23 | who deferred proving
the priority pursuant to subsection | ||||||
24 | (h) of Section 15-1506, but
the court shall not
defer | ||||||
25 | confirming the sale pending the determination of such | ||||||
26 | priority.
|
| |||||||
| |||||||
1 | (b-5) Notice with respect to residential real estate. | ||||||
2 | With respect to residential real estate, the notice | ||||||
3 | required under subsection (b) of this Section shall be sent to | ||||||
4 | the mortgagor even if the mortgagor has previously been held in | ||||||
5 | default. In the event the mortgagor has filed an appearance, | ||||||
6 | the notice shall be sent to the address indicated on the | ||||||
7 | appearance. In all other cases, the notice shall be sent to the | ||||||
8 | mortgagor at the common address of the foreclosed property. The | ||||||
9 | notice shall be sent by first class mail. Unless the right to | ||||||
10 | possession has been previously terminated by the court, the | ||||||
11 | notice shall include the following language in 12-point | ||||||
12 | boldface capitalized type: | ||||||
13 | IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO | ||||||
14 | REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF | ||||||
15 | POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE | ||||||
16 | ILLINOIS MORTGAGE FORECLOSURE LAW. | ||||||
17 | (b-10) Notice of confirmation order sent to municipality or | ||||||
18 | county. A copy of the confirmation order required under | ||||||
19 | subsection (b) shall be sent to the municipality in which the | ||||||
20 | foreclosed property is located, or to the county within the | ||||||
21 | boundary of which the foreclosed property is located if the | ||||||
22 | foreclosed property is located in an unincorporated territory. | ||||||
23 | A municipality or county must clearly publish on its website a | ||||||
24 | single address to which such notice shall be sent. If a | ||||||
25 | municipality or county does not maintain a website, then the | ||||||
26 | municipality or county must publicly post in its main office a |
| |||||||
| |||||||
1 | single address to which such notice shall be sent. In the event | ||||||
2 | that a municipality or county has not complied with the | ||||||
3 | publication requirement in this subsection (b-10), then such | ||||||
4 | notice to the municipality or county shall be provided pursuant | ||||||
5 | to Section 2-211 of the Code of Civil Procedure. | ||||||
6 | (c) Failure to Give Notice. If any sale is held without | ||||||
7 | compliance with
subsection (c) of Section 15-1507 of this | ||||||
8 | Article, any party entitled to
the notice provided for in | ||||||
9 | paragraph (3) of that subsection
(c) who was not so notified | ||||||
10 | may, by motion supported by affidavit
made prior to | ||||||
11 | confirmation of such sale, ask the court which entered the
| ||||||
12 | judgment to set aside the sale, provided that such party shall | ||||||
13 | guarantee or
secure by bond a bid equal to the successful bid | ||||||
14 | at the prior sale. Any
subsequent sale is subject to the same | ||||||
15 | notice requirement as the original sale.
| ||||||
16 | (d) Validity of Sale. Except as provided in subsection (c) | ||||||
17 | of Section
15-1508, no sale under this Article shall be held | ||||||
18 | invalid or be set aside
because of any defect in the notice | ||||||
19 | thereof or in the publication of the
same, or in the | ||||||
20 | proceedings of the officer conducting the sale, except upon
| ||||||
21 | good cause shown in a hearing pursuant to subsection (b) of | ||||||
22 | Section
15-1508. At any time after a sale has occurred, any | ||||||
23 | party entitled to
notice under paragraph (3) of subsection (c) | ||||||
24 | of Section 15-1507 may recover
from the mortgagee any damages | ||||||
25 | caused by the mortgagee's failure to comply
with such paragraph | ||||||
26 | (3). Any party who recovers damages in a judicial
proceeding |
| |||||||
| |||||||
1 | brought under this subsection may also recover from the
| ||||||
2 | mortgagee the reasonable expenses of litigation, including | ||||||
3 | reasonable attorney's fees.
| ||||||
4 | (e) Deficiency Judgment. In any order confirming a sale | ||||||
5 | pursuant to the
judgment of foreclosure, the court shall also | ||||||
6 | enter a personal judgment
for deficiency against any party (i) | ||||||
7 | if otherwise authorized and (ii) to
the extent requested in the | ||||||
8 | complaint and proven upon presentation of the
report of sale in | ||||||
9 | accordance with Section 15-1508. Except as otherwise provided
| ||||||
10 | in this Article, a judgment may be entered for any balance of | ||||||
11 | money that
may be found due to the plaintiff, over and above | ||||||
12 | the proceeds of the sale
or sales, and enforcement may be had | ||||||
13 | for the collection of such balance,
the same as when the | ||||||
14 | judgment is solely for the payment of money. Such
judgment may | ||||||
15 | be entered, or enforcement had,
only in cases where personal | ||||||
16 | service has been had upon the
persons personally liable for the | ||||||
17 | mortgage indebtedness, unless they have
entered their | ||||||
18 | appearance in the foreclosure action.
| ||||||
19 | (f) Satisfaction. Upon confirmation of the sale, the
| ||||||
20 | judgment stands satisfied to the extent of the sale price less | ||||||
21 | expenses and
costs. If the order confirming the sale includes a | ||||||
22 | deficiency judgment, the
judgment shall become a lien in the | ||||||
23 | manner of any other
judgment for the payment of money.
| ||||||
24 | (g) The order confirming the sale shall include, | ||||||
25 | notwithstanding any
previous orders awarding possession during | ||||||
26 | the pendency of the foreclosure, an
award to the purchaser of |
| |||||||
| |||||||
1 | possession of the mortgaged real estate, as of the
date 30 days | ||||||
2 | after the entry of the order, against the
parties to the | ||||||
3 | foreclosure whose interests have been terminated.
| ||||||
4 | An order of possession authorizing the removal of a person | ||||||
5 | from possession
of the mortgaged real estate shall be entered | ||||||
6 | and enforced only against those
persons personally
named as | ||||||
7 | individuals in the complaint or the petition under subsection | ||||||
8 | (h)
of Section 15-1701 and in the order of possession and shall
| ||||||
9 | not be entered and enforced against any person who is only | ||||||
10 | generically
described as an
unknown owner or nonrecord claimant | ||||||
11 | or by another generic designation in the
complaint.
| ||||||
12 | Notwithstanding the preceding paragraph, the failure to | ||||||
13 | personally
name,
include, or seek an award of
possession of the | ||||||
14 | mortgaged real estate against a person in the
confirmation | ||||||
15 | order shall not abrogate any right that the purchaser may have | ||||||
16 | to
possession of the mortgaged real estate and to maintain a | ||||||
17 | proceeding against
that person for
possession under Article 9 | ||||||
18 | of this Code or subsection (h) of Section 15-1701;
and | ||||||
19 | possession against a person
who (1) has not been personally | ||||||
20 | named as a party to the
foreclosure and (2) has not been | ||||||
21 | provided an opportunity to be heard in the
foreclosure | ||||||
22 | proceeding may be sought only by maintaining a
proceeding under | ||||||
23 | Article 9 of this
Code or subsection (h) of Section 15-1701.
| ||||||
24 | (Source: P.A. 95-826, eff. 8-14-08.)
| ||||||
25 | Section 30. The Residential Real Property Disclosure Act is |
| |||||||
| |||||||
1 | amended by changing Section 70 as follows: | ||||||
2 | (765 ILCS 77/70) | ||||||
3 | Sec. 70. Predatory lending database program. | ||||||
4 | (a) As used in this Article: | ||||||
5 | "Adjustable rate mortgage" or "ARM" means a closed-end | ||||||
6 | mortgage transaction that allows adjustments of the loan | ||||||
7 | interest rate during the first 3 years of the loan term. | ||||||
8 | "Borrower" means a person seeking a mortgage loan.
| ||||||
9 | "Broker" means a "broker" or "loan broker", as defined in | ||||||
10 | subsection (p) of Section 1-4 of the Residential Mortgage | ||||||
11 | License Act of 1987. | ||||||
12 | "Closing agent" means an individual assigned by a title | ||||||
13 | insurance company or a broker or originator to ensure that the | ||||||
14 | execution of documents related to the closing of a real estate | ||||||
15 | sale or the refinancing of a real estate loan and the | ||||||
16 | disbursement of closing funds are in conformity with the | ||||||
17 | instructions of the entity financing the transaction.
| ||||||
18 | "Counseling" means in-person counseling provided by a | ||||||
19 | counselor employed by a HUD-certified counseling agency to all | ||||||
20 | borrowers, or documented telephone counseling where a hardship | ||||||
21 | would be imposed on one or more borrowers. A hardship shall | ||||||
22 | exist in instances in which the borrower is confined to his or | ||||||
23 | her home due to medical conditions, as verified in writing by a | ||||||
24 | physician, or the borrower resides 50 miles or more from the | ||||||
25 | nearest participating HUD-certified housing counseling agency. |
| |||||||
| |||||||
1 | In instances of telephone counseling, the borrower must supply | ||||||
2 | all necessary documents to the counselor at least 72 hours | ||||||
3 | prior to the scheduled telephone counseling session. | ||||||
4 | "Counselor" means a counselor employed by a HUD-certified | ||||||
5 | housing counseling agency. | ||||||
6 | "Credit score" means a credit risk score as defined by the | ||||||
7 | Fair Isaac Corporation, or its successor, and reported under | ||||||
8 | such names as "BEACON", "EMPIRICA", and "FAIR ISAAC RISK SCORE" | ||||||
9 | by one or more of the following credit reporting agencies or | ||||||
10 | their successors: Equifax, Inc., Experian Information | ||||||
11 | Solutions, Inc., and TransUnion
LLC. If the borrower's credit | ||||||
12 | report contains credit scores from 2 reporting agencies, then | ||||||
13 | the broker or loan originator shall report the lower score. If | ||||||
14 | the borrower's credit report contains credit scores from 3 | ||||||
15 | reporting agencies, then the broker or loan originator shall | ||||||
16 | report the middle score.
| ||||||
17 | "Department" means the Department of Financial and | ||||||
18 | Professional Regulation.
| ||||||
19 | "Exempt person" means that term as it is defined in | ||||||
20 | subsections (d)(1) and (d)(1.5) of Section 1-4 of the | ||||||
21 | Residential Mortgage License Act of 1987.
| ||||||
22 | "First-time homebuyer" means a borrower who has not held an | ||||||
23 | ownership interest in residential property.
| ||||||
24 | "HUD-certified counseling" or "counseling" means | ||||||
25 | counseling given to a borrower by a counselor employed by a | ||||||
26 | HUD-certified housing counseling agency. |
| |||||||
| |||||||
1 | "Interest only" means a closed-end loan that permits one or | ||||||
2 | more payments of interest without any reduction of the | ||||||
3 | principal balance of the loan, other than the first payment on | ||||||
4 | the loan. | ||||||
5 | "Lender" means that term as it is defined in subsection (g) | ||||||
6 | of Section 1-4 of the Residential Mortgage License Act of 1987 .
| ||||||
7 | "Licensee" means that term as it is defined in subsection | ||||||
8 | (e) of Section 1-4 of the Residential Mortgage License Act of | ||||||
9 | 1987.
| ||||||
10 | "Mortgage loan" means that term as it is defined in | ||||||
11 | subsection (f) of Section 1-4 of the Residential Mortgage | ||||||
12 | License Act of 1987.
| ||||||
13 | "Negative amortization" means an amortization method under | ||||||
14 | which the outstanding balance may increase at any time over the | ||||||
15 | course of the loan because the regular periodic payment does | ||||||
16 | not cover the full amount of interest due. | ||||||
17 | "Originator" means a "loan originator" as defined in | ||||||
18 | subsection (hh) of Section 1-4 of the Residential Mortgage | ||||||
19 | License Act of 1987, except an exempt person. | ||||||
20 | "Points and fees" has the meaning ascribed to that term in | ||||||
21 | Section 10 of the High Risk Home Loan Act. | ||||||
22 | "Prepayment penalty" means a charge imposed by a lender | ||||||
23 | under a mortgage note or rider when the loan is paid before the | ||||||
24 | expiration of the term of the loan. | ||||||
25 | "Refinancing" means a loan secured by the borrower's or | ||||||
26 | borrowers' primary residence where the proceeds are not used as |
| |||||||
| |||||||
1 | purchase money for the residence. | ||||||
2 | "Title insurance company" means any domestic company | ||||||
3 | organized under the laws of this State for the purpose of | ||||||
4 | conducting the business of guaranteeing or insuring titles to | ||||||
5 | real estate and any title insurance company organized under the | ||||||
6 | laws of another State, the District of Columbia, or a foreign | ||||||
7 | government and authorized to transact the business of | ||||||
8 | guaranteeing or insuring titles to real estate in this State.
| ||||||
9 | (a-5) A predatory lending database program shall be | ||||||
10 | established within Cook County. The program shall be | ||||||
11 | administered in accordance with this Article. The inception | ||||||
12 | date of the program shall be July 1, 2008.
A predatory lending
| ||||||
13 | database program shall be expanded to include Kane, Peoria, and | ||||||
14 | Will counties. The
inception date of the expansion of the | ||||||
15 | program as it applies to Kane, Peoria, and Will
counties shall | ||||||
16 | be January 1, 2010. Until the inception date, none of the | ||||||
17 | duties, obligations, contingencies, or consequences of or from | ||||||
18 | the program shall be imposed. The program shall apply to all | ||||||
19 | mortgage applications that are governed by this Article and | ||||||
20 | that are made or taken on or after the inception of the | ||||||
21 | program.
| ||||||
22 | (b) The database created under this program shall be | ||||||
23 | maintained and administered by the Department. The database | ||||||
24 | shall be designed to allow brokers, originators, counselors, | ||||||
25 | title insurance companies, and closing agents to submit | ||||||
26 | information to the database online. The database shall not be |
| |||||||
| |||||||
1 | designed to allow those entities to retrieve information from | ||||||
2 | the database, except as otherwise provided in this Article. | ||||||
3 | Information submitted by the broker or originator to the | ||||||
4 | Department may be used to populate the online form submitted by | ||||||
5 | a counselor, title insurance company, or closing agent. | ||||||
6 | (c) Within 10 days after taking a mortgage application, the | ||||||
7 | broker or originator for any mortgage on residential property | ||||||
8 | within the program area must submit to the predatory lending | ||||||
9 | database all of the information required under Section 72 and | ||||||
10 | any other information required by the Department by rule. | ||||||
11 | Within 7 days after receipt of the information, the Department | ||||||
12 | shall compare that information to the housing
counseling | ||||||
13 | standards in Section 73
and issue to the borrower and the | ||||||
14 | broker or originator a determination of whether counseling is | ||||||
15 | recommended for the borrower. The borrower may not waive | ||||||
16 | counseling. If at any time after submitting the information | ||||||
17 | required under Section 72 the broker or originator (i) changes | ||||||
18 | the terms of the loan or (ii) issues a new commitment to the | ||||||
19 | borrower, then, within 5 days thereafter, the broker or | ||||||
20 | originator shall re-submit all of the information required | ||||||
21 | under Section 72 and, within 4 days after receipt of the | ||||||
22 | information re-submitted by the broker or originator, the | ||||||
23 | Department shall compare that information to the housing
| ||||||
24 | counseling standards in Section 73
and shall issue to the | ||||||
25 | borrower and the broker or originator a new determination of | ||||||
26 | whether re-counseling
is recommended for the borrower based on |
| |||||||
| |||||||
1 | the information re-submitted by the broker or originator. The | ||||||
2 | Department shall require re-counseling if the loan terms have | ||||||
3 | been modified to meet another counseling standard in Section | ||||||
4 | 73, or if the broker has increased the interest rate by more | ||||||
5 | than 200 basis points.
| ||||||
6 | (d) If the Department recommends counseling for the | ||||||
7 | borrower under subsection (c), then the Department shall notify | ||||||
8 | the borrower of all participating HUD-certified counseling | ||||||
9 | agencies located within the State and direct the borrower to | ||||||
10 | interview with a counselor associated with one of those | ||||||
11 | agencies. Within 10 days after receipt of the notice of | ||||||
12 | HUD-certified counseling agencies, the borrower shall select | ||||||
13 | one of those agencies and shall engage in an interview with a | ||||||
14 | counselor associated with that agency. Within 7 days after | ||||||
15 | interviewing the borrower, the counselor must submit to the | ||||||
16 | predatory lending database all of the information required | ||||||
17 | under Section 74 and any other information required by the | ||||||
18 | Department by rule. Reasonable and customary costs not to | ||||||
19 | exceed $300
associated with counseling provided under the | ||||||
20 | program shall be paid by the broker or originator. The | ||||||
21 | Department shall annually calculate to the nearest dollar an | ||||||
22 | adjusted rate for inflation. A counselor shall not recommend or | ||||||
23 | suggest that a borrower contact any specific mortgage | ||||||
24 | origination company, financial institution, or entity that | ||||||
25 | deals in mortgage finance to obtain a loan, another quote, or | ||||||
26 | for any other reason related to the specific mortgage |
| |||||||
| |||||||
1 | transaction; however, a counselor may suggest that the borrower | ||||||
2 | seek an opinion or a quote from another mortgage origination | ||||||
3 | company, financial institution, or entity that deals in | ||||||
4 | mortgage finance. A counselor or housing counseling agency that
| ||||||
5 | in good faith provides counseling shall not be liable to a | ||||||
6 | broker or originator or borrower for civil damages, except for | ||||||
7 | willful or wanton misconduct on the part of the counselor in | ||||||
8 | providing the counseling. | ||||||
9 | (e) The broker or originator and the borrower may not take | ||||||
10 | any legally binding action concerning the loan transaction | ||||||
11 | until the later of the following: | ||||||
12 | (1) the Department issues a determination not to | ||||||
13 | recommend HUD-certified
counseling for the borrower in | ||||||
14 | accordance with subsection (c); or | ||||||
15 | (2) the Department issues a determination that | ||||||
16 | HUD-certified
counseling is recommended for the borrower | ||||||
17 | and the counselor submits all required information to the | ||||||
18 | database in accordance with subsection (d).
| ||||||
19 | (f) Within 10 days after closing, the title insurance | ||||||
20 | company or closing agent must submit to the predatory lending | ||||||
21 | database all of the information required under Section 76 and | ||||||
22 | any other information required by the Department by rule. | ||||||
23 | (g) The title insurance company or closing agent shall | ||||||
24 | attach to the mortgage a certificate of
compliance with the | ||||||
25 | requirements of this Article, as generated by the database. If | ||||||
26 | the title insurance company or closing agent fails to attach |
| |||||||
| |||||||
1 | the certificate of compliance, then the mortgage is not | ||||||
2 | recordable. In addition, if any lis pendens for a residential | ||||||
3 | mortgage foreclosure is recorded on the property within the | ||||||
4 | program area, a certificate of service must be simultaneously | ||||||
5 | recorded that affirms that a copy of the lis pendens was filed | ||||||
6 | with the Department. If the certificate of service is not | ||||||
7 | recorded, then the lis pendens pertaining to the residential | ||||||
8 | mortgage foreclosure in question is not recordable and is of no | ||||||
9 | force and effect. | ||||||
10 | (h) All information provided to the predatory lending | ||||||
11 | database under the program is confidential and is not subject | ||||||
12 | to disclosure under the Freedom of Information Act, except as | ||||||
13 | otherwise provided in this Article. Information or documents | ||||||
14 | obtained by employees of the Department in the course of | ||||||
15 | maintaining and administering the predatory lending database | ||||||
16 | are deemed confidential. Employees are prohibited from making | ||||||
17 | disclosure of such confidential information or documents. Any | ||||||
18 | request for production of information from the predatory | ||||||
19 | lending database, whether by subpoena, notice, or any other | ||||||
20 | source, shall be referred to the Department of Financial and | ||||||
21 | Professional Regulation. Any borrower may authorize in writing | ||||||
22 | the release of database information. The Department may use the | ||||||
23 | information in the database without the consent of the | ||||||
24 | borrower: (i) for the purposes of administering and enforcing | ||||||
25 | the program; (ii) to provide relevant information to a | ||||||
26 | counselor providing counseling to a borrower under the program; |
| |||||||
| |||||||
1 | or (iii) to the appropriate law enforcement agency or the | ||||||
2 | applicable administrative agency if the database information | ||||||
3 | demonstrates criminal, fraudulent, or otherwise illegal | ||||||
4 | activity.
| ||||||
5 | (i) Nothing in this Article is intended to prevent a | ||||||
6 | borrower from making his or her own decision as to whether to | ||||||
7 | proceed with a transaction.
| ||||||
8 | (j) Any person who violates any provision of this Article | ||||||
9 | commits an unlawful practice within the meaning of the Consumer | ||||||
10 | Fraud and Deceptive Business Practices Act.
| ||||||
11 | (k) During the existence of the program, the Department | ||||||
12 | shall submit semi-annual reports to the Governor and to the | ||||||
13 | General Assembly by May 1 and November 1 of each year detailing | ||||||
14 | its findings regarding the program. The report shall include , | ||||||
15 | by county, at least the following information for each | ||||||
16 | reporting period: | ||||||
17 | (1) the number of loans registered with the program; | ||||||
18 | (2) the number of borrowers receiving counseling; | ||||||
19 | (3) the number of loans closed; | ||||||
20 | (4) the number of loans requiring counseling for each | ||||||
21 | of the standards set forth in Section 73; | ||||||
22 | (5) the number of loans requiring counseling where the | ||||||
23 | mortgage originator changed the loan terms subsequent to | ||||||
24 | counseling ; .
| ||||||
25 | (6) the number of licensed mortgage brokers and loan | ||||||
26 | originators entering information into
the database; |
| |||||||
| |||||||
1 | (7) the number of investigations based on information | ||||||
2 | obtained from the database,
including the number of | ||||||
3 | licensees fined, the number of licenses suspended, and the
| ||||||
4 | number of licenses revoked; | ||||||
5 | (8) a summary of the types of non-traditional mortgage | ||||||
6 | products being offered; and | ||||||
7 | (9) a summary of how the Department is actively | ||||||
8 | utilizing the program to combat
mortgage fraud. | ||||||
9 | (Source: P.A. 94-280, eff. 1-1-06; 94-1029, eff. 7-14-06; | ||||||
10 | 95-691, eff. 6-1-08; revised 11-6-08.)
| ||||||
11 | (225 ILCS 454/5-30 rep.)
| ||||||
12 | (225 ILCS 454/5-55 rep.)
| ||||||
13 | (225 ILCS 454/20-30 rep.)
| ||||||
14 | (225 ILCS 454/20-35 rep.)
| ||||||
15 | (225 ILCS 454/20-40 rep.)
| ||||||
16 | (225 ILCS 454/20-45 rep.)
| ||||||
17 | (225 ILCS 454/20-80 rep.)
| ||||||
18 | (225 ILCS 454/20-120 rep.)
| ||||||
19 | (225 ILCS 454/30-30 rep.)
| ||||||
20 | Section 95. The Real Estate License Act of 2000 is amended | ||||||
21 | by repealing Sections 5-30, 5-55, 20-30, 20-35, 20-40, 20-45, | ||||||
22 | 20-80, 20-120, and 30-30. | ||||||
23 | Section 97. Severability. The provisions of this Act are | ||||||
24 | severable under Section 1.31 of the Statute on Statutes.
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law, except that Sections 5, 20, and 95 take effect on | ||||||
3 | December 31, 2009.".
|