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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Real Estate License Act of 2000 is amended | ||||||
5 | by changing Sections 1-10, 5-27, 5-28, 5-50, 5-70, and 10-25 as | ||||||
6 | follows:
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7 | (225 ILCS 454/1-10)
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8 | (Section scheduled to be repealed on January 1, 2020)
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9 | Sec. 1-10. Definitions. In this Act, unless the context | ||||||
10 | otherwise requires:
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11 | "Act" means the Real Estate License Act of 2000.
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12 | "Address of Record" means the designated address recorded | ||||||
13 | by the Department in the applicant's or licensee's application | ||||||
14 | file or license file as maintained by the Department's | ||||||
15 | licensure maintenance unit. It is the duty of the applicant or | ||||||
16 | licensee to inform the Department of any change of address, and | ||||||
17 | those changes must be made either through the Department's | ||||||
18 | website or by contacting the Department. | ||||||
19 | "Advisory Council" means the Real Estate Education | ||||||
20 | Advisory Council created
under Section 30-10 of this Act.
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21 | "Agency" means a relationship in which a real estate broker | ||||||
22 | or licensee,
whether directly or through an affiliated | ||||||
23 | licensee, represents a consumer by
the consumer's consent, |
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1 | whether express or implied, in a real property
transaction.
| ||||||
2 | "Applicant" means any person, as defined in this Section, | ||||||
3 | who applies to
the Department for a valid license as a real | ||||||
4 | estate broker, real estate salesperson, or
leasing agent.
| ||||||
5 | "Blind advertisement" means any real estate advertisement | ||||||
6 | that does not
include the sponsoring broker's business name and | ||||||
7 | that is used by any licensee
regarding the sale or lease of | ||||||
8 | real estate, including his or her own, licensed
activities, or | ||||||
9 | the hiring of any licensee under this Act. The broker's
| ||||||
10 | business name in the case of a franchise shall include the | ||||||
11 | franchise
affiliation as well as the name of the individual | ||||||
12 | firm.
| ||||||
13 | "Board" means the Real Estate Administration and | ||||||
14 | Disciplinary Board of the Department as created by Section | ||||||
15 | 25-10 of this Act.
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16 | "Branch office" means a sponsoring broker's office other | ||||||
17 | than the sponsoring
broker's principal office.
| ||||||
18 | "Broker" means an individual, partnership, limited | ||||||
19 | liability company,
corporation, or registered limited | ||||||
20 | liability partnership other than a real
estate salesperson or | ||||||
21 | leasing agent who, whether in person or through any media or | ||||||
22 | technology, for another and for compensation, or
with the | ||||||
23 | intention or expectation of receiving compensation, either
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24 | directly or indirectly:
| ||||||
25 | (1) Sells, exchanges, purchases, rents, or leases real | ||||||
26 | estate.
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1 | (2) Offers to sell, exchange, purchase, rent, or lease | ||||||
2 | real estate.
| ||||||
3 | (3) Negotiates, offers, attempts, or agrees to | ||||||
4 | negotiate the sale,
exchange, purchase, rental, or leasing | ||||||
5 | of real estate.
| ||||||
6 | (4) Lists, offers, attempts, or agrees to list real | ||||||
7 | estate for sale,
lease, or exchange.
| ||||||
8 | (5) Buys, sells, offers to buy or sell, or otherwise | ||||||
9 | deals in options on
real estate or improvements thereon.
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10 | (6) Supervises the collection, offer, attempt, or | ||||||
11 | agreement
to collect rent for the use of real estate.
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12 | (7) Advertises or represents himself or herself as | ||||||
13 | being engaged in the
business of buying, selling, | ||||||
14 | exchanging, renting, or leasing real estate.
| ||||||
15 | (8) Assists or directs in procuring or referring of | ||||||
16 | leads or prospects, intended to
result in the sale, | ||||||
17 | exchange, lease, or rental of real estate.
| ||||||
18 | (9) Assists or directs in the negotiation of any | ||||||
19 | transaction intended to
result in the sale, exchange, | ||||||
20 | lease, or rental of real estate.
| ||||||
21 | (10) Opens real estate to the public for marketing | ||||||
22 | purposes.
| ||||||
23 | (11) Sells, leases, or offers for sale or lease real | ||||||
24 | estate at
auction.
| ||||||
25 | "Brokerage agreement" means a written or oral agreement | ||||||
26 | between a sponsoring
broker and a consumer for licensed |
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1 | activities to be provided to a consumer in
return for | ||||||
2 | compensation or the right to receive compensation from another.
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3 | Brokerage agreements may constitute either a bilateral or a | ||||||
4 | unilateral
agreement between the broker and the broker's client | ||||||
5 | depending upon the content
of the brokerage agreement. All | ||||||
6 | exclusive brokerage agreements shall be in
writing.
| ||||||
7 | "Client" means a person who is being represented by a | ||||||
8 | licensee.
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9 | "Compensation" means the valuable consideration given by | ||||||
10 | one person or entity
to another person or entity in exchange | ||||||
11 | for the performance of some activity or
service. Compensation | ||||||
12 | shall include the transfer of valuable consideration,
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13 | including without limitation the following:
| ||||||
14 | (1) commissions;
| ||||||
15 | (2) referral fees;
| ||||||
16 | (3) bonuses;
| ||||||
17 | (4) prizes;
| ||||||
18 | (5) merchandise;
| ||||||
19 | (6) finder fees;
| ||||||
20 | (7) performance of services;
| ||||||
21 | (8) coupons or gift certificates;
| ||||||
22 | (9) discounts;
| ||||||
23 | (10) rebates;
| ||||||
24 | (11) a chance to win a raffle, drawing, lottery, or | ||||||
25 | similar game of chance
not prohibited by any other law or | ||||||
26 | statute;
|
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| |||||||
1 | (12) retainer fee; or
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2 | (13) salary.
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3 | "Confidential information" means information obtained by a | ||||||
4 | licensee from a
client during the term of a brokerage agreement | ||||||
5 | that (i) was made confidential
by the written request or | ||||||
6 | written instruction of the client, (ii) deals with
the | ||||||
7 | negotiating position of the client, or (iii) is information the | ||||||
8 | disclosure
of which could materially harm the negotiating | ||||||
9 | position of the client, unless
at any time:
| ||||||
10 | (1) the client permits the disclosure of information | ||||||
11 | given by that client
by word or conduct;
| ||||||
12 | (2) the disclosure is required by law; or
| ||||||
13 | (3) the information becomes public from a source other | ||||||
14 | than the licensee.
| ||||||
15 | "Confidential information" shall not be considered to | ||||||
16 | include material
information about the physical condition of | ||||||
17 | the property.
| ||||||
18 | "Consumer" means a person or entity seeking or receiving | ||||||
19 | licensed
activities.
| ||||||
20 | "Continuing education school" means any person licensed by | ||||||
21 | the Department as a school
for continuing education in | ||||||
22 | accordance with Section 30-15 of this Act. | ||||||
23 | "Coordinator" means the Coordinator of Real Estate created | ||||||
24 | in Section 25-15 of this Act.
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25 | "Credit hour" means 50 minutes of classroom instruction in | ||||||
26 | course work that
meets the requirements set forth in rules |
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1 | adopted by the Department.
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2 | "Customer" means a consumer who is not being represented by | ||||||
3 | the licensee but
for whom the licensee is performing | ||||||
4 | ministerial acts.
| ||||||
5 | "Department" means the Department of Financial and | ||||||
6 | Professional Regulation. | ||||||
7 | "Designated agency" means a contractual relationship | ||||||
8 | between a sponsoring
broker and a client under Section 15-50 of | ||||||
9 | this Act in which one or more
licensees associated with or | ||||||
10 | employed by the broker are designated as agent of
the client.
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11 | "Designated agent" means a sponsored licensee named by a | ||||||
12 | sponsoring broker as
the legal agent of a client, as provided | ||||||
13 | for in Section 15-50 of this Act.
| ||||||
14 | "Dual agency" means an agency relationship in which a | ||||||
15 | licensee is
representing both buyer and seller or both landlord | ||||||
16 | and tenant in the same
transaction. When the agency | ||||||
17 | relationship is a designated agency, the
question of whether | ||||||
18 | there is a dual agency shall be determined by the agency
| ||||||
19 | relationships of the designated agent of the parties and not of | ||||||
20 | the sponsoring
broker.
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21 | "Employee" or other derivative of the word "employee", when | ||||||
22 | used to refer to,
describe, or delineate the relationship | ||||||
23 | between a real estate broker and a real
estate salesperson, | ||||||
24 | another real estate broker, or a leasing agent, shall be
| ||||||
25 | construed to include an independent contractor relationship, | ||||||
26 | provided that a
written agreement exists that clearly |
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1 | establishes and states the relationship.
All responsibilities | ||||||
2 | of a broker shall remain.
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3 | "Escrow moneys" means all moneys, promissory notes or any | ||||||
4 | other type or
manner of legal tender or financial consideration | ||||||
5 | deposited with any person for
the benefit of the parties to the | ||||||
6 | transaction. A transaction exists once an
agreement has been | ||||||
7 | reached and an accepted real estate contract signed or lease
| ||||||
8 | agreed to by the parties. Escrow moneys includes without | ||||||
9 | limitation earnest
moneys and security deposits, except those | ||||||
10 | security deposits in which the
person holding the security | ||||||
11 | deposit is also the sole owner of the property
being leased and | ||||||
12 | for which the security deposit is being held.
| ||||||
13 | "Electronic means of proctoring" means a methodology | ||||||
14 | providing assurance that the person taking a test and | ||||||
15 | completing the answers to questions is the person seeking | ||||||
16 | licensure or credit for continuing education and is doing so | ||||||
17 | without the aid of a third party or other device. | ||||||
18 | "Exclusive brokerage agreement" means a written brokerage | ||||||
19 | agreement that provides that the sponsoring broker has the sole | ||||||
20 | right, through one or more sponsored licensees, to act as the | ||||||
21 | exclusive designated agent or representative of the client and | ||||||
22 | that meets the requirements of Section 15-75 of this Act.
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23 | "Inoperative" means a status of licensure where the | ||||||
24 | licensee holds a current
license under this Act, but the | ||||||
25 | licensee is prohibited from engaging in
licensed activities | ||||||
26 | because the licensee is unsponsored or the license of the
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1 | sponsoring broker with whom the licensee is associated or by | ||||||
2 | whom he or she is
employed is currently expired, revoked, | ||||||
3 | suspended, or otherwise rendered
invalid under this Act.
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4 | "Interactive delivery method" means delivery of a course by | ||||||
5 | an instructor through a medium allowing for 2-way communication | ||||||
6 | between the instructor and a student in which either can | ||||||
7 | initiate or respond to questions. | ||||||
8 | "Leads" means the name or names of a potential buyer, | ||||||
9 | seller, lessor, lessee, or client of a licensee. | ||||||
10 | "Leasing Agent" means a person who is employed by a real | ||||||
11 | estate broker to
engage in licensed activities limited to | ||||||
12 | leasing residential real estate who
has obtained a license as | ||||||
13 | provided for in Section 5-5 of this Act.
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14 | "License" means the document issued by the Department | ||||||
15 | certifying that the person named
thereon has fulfilled all | ||||||
16 | requirements prerequisite to licensure under this
Act.
| ||||||
17 | "Licensed activities" means those activities listed in the | ||||||
18 | definition of
"broker" under this Section.
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19 | "Licensee" means any person, as defined in this Section, | ||||||
20 | who holds a
valid unexpired license as a real estate broker, | ||||||
21 | real estate salesperson, or
leasing agent.
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22 | "Listing presentation" means a communication between a | ||||||
23 | real estate broker or
salesperson and a consumer in which the | ||||||
24 | licensee is attempting to secure a
brokerage agreement with the | ||||||
25 | consumer to market the consumer's real estate for
sale or | ||||||
26 | lease.
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1 | "Managing broker" means a broker who has supervisory | ||||||
2 | responsibilities for
licensees in one or, in the case of a | ||||||
3 | multi-office company, more than one
office and who has been | ||||||
4 | appointed as such by the sponsoring broker.
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5 | "Medium of advertising" means any method of communication | ||||||
6 | intended to
influence the general public to use or purchase a | ||||||
7 | particular good or service or
real estate.
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8 | "Ministerial acts" means those acts that a licensee may | ||||||
9 | perform for a
consumer that are informative or clerical in | ||||||
10 | nature and do not rise to the
level of active representation on | ||||||
11 | behalf of a consumer. Examples of these acts
include without | ||||||
12 | limitation (i) responding to phone inquiries by consumers as to
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13 | the availability and pricing of brokerage services, (ii) | ||||||
14 | responding to phone
inquiries from a consumer concerning the | ||||||
15 | price or location of property, (iii)
attending an open house | ||||||
16 | and responding to questions about the property from a
consumer, | ||||||
17 | (iv) setting an appointment to view property, (v) responding to
| ||||||
18 | questions of consumers walking into a licensee's office | ||||||
19 | concerning brokerage
services offered or particular | ||||||
20 | properties, (vi) accompanying an appraiser,
inspector, | ||||||
21 | contractor, or similar third party on a visit to a property, | ||||||
22 | (vii)
describing a property or the property's condition in | ||||||
23 | response to a consumer's
inquiry, (viii) completing business or | ||||||
24 | factual information for a consumer on an
offer or contract to | ||||||
25 | purchase on behalf of a client, (ix) showing a client
through a | ||||||
26 | property being sold by an owner on his or her own behalf, or |
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1 | (x)
referral to another broker or service provider.
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2 | "Office" means a real estate broker's place of business | ||||||
3 | where the general
public is invited to transact business and | ||||||
4 | where records may be maintained and
licenses displayed, whether | ||||||
5 | or not it is the broker's principal place of
business.
| ||||||
6 | "Person" means and includes individuals, entities, | ||||||
7 | corporations, limited
liability companies, registered limited | ||||||
8 | liability partnerships, and
partnerships, foreign or domestic, | ||||||
9 | except that when the context otherwise
requires, the term may | ||||||
10 | refer to a single individual or other described entity.
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11 | "Personal assistant" means a licensed or unlicensed person | ||||||
12 | who has been hired
for the purpose of aiding or assisting a | ||||||
13 | sponsored licensee in the performance
of the sponsored | ||||||
14 | licensee's job.
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15 | "Pocket card" means the card issued by the Department to | ||||||
16 | signify that the person named
on the card is currently licensed | ||||||
17 | under this Act.
| ||||||
18 | "Pre-license school" means a school licensed by the | ||||||
19 | Department offering courses in
subjects related to real estate | ||||||
20 | transactions, including the subjects upon
which an applicant is | ||||||
21 | examined in determining fitness to receive a license.
| ||||||
22 | "Pre-renewal period" means the period between the date of | ||||||
23 | issue of a
currently valid license and the license's expiration | ||||||
24 | date.
| ||||||
25 | "Proctor" means any person, including, but not limited to, | ||||||
26 | an instructor, who has a written agreement to administer |
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1 | examinations fairly and impartially with a licensed | ||||||
2 | pre-license school or a licensed continuing education school. | ||||||
3 | "Real estate" means and includes leaseholds as well as any | ||||||
4 | other interest or
estate in land, whether corporeal, | ||||||
5 | incorporeal, freehold, or non-freehold,
including timeshare | ||||||
6 | interests, and whether the real estate is situated in this
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7 | State or elsewhere.
| ||||||
8 | "Regular employee" means a person working an average of 20 | ||||||
9 | hours per week for a person or entity who would be considered | ||||||
10 | as an employee under the Internal Revenue Service eleven main | ||||||
11 | tests in three categories being behavioral control, financial | ||||||
12 | control and the type of relationship of the parties, formerly | ||||||
13 | the twenty factor test.
| ||||||
14 | "Salesperson" means any individual, other than a real | ||||||
15 | estate broker or
leasing agent, who is employed by a real | ||||||
16 | estate broker or is associated by
written agreement with a real | ||||||
17 | estate broker as an independent contractor and
participates in | ||||||
18 | any activity described in the definition of "broker" under this
| ||||||
19 | Section.
| ||||||
20 | "Secretary" means the Secretary of the Department of | ||||||
21 | Financial and Professional Regulation, or a person authorized | ||||||
22 | by the Secretary to act in the Secretary's stead. | ||||||
23 | "Sponsoring broker" means the broker who has issued a | ||||||
24 | sponsor card to a
licensed salesperson, another licensed | ||||||
25 | broker, or a leasing agent.
| ||||||
26 | "Sponsor card" means the temporary permit issued by the |
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| |||||||
1 | sponsoring real
estate broker certifying that the real estate | ||||||
2 | broker, real estate salesperson,
or leasing agent named thereon | ||||||
3 | is employed by or associated by written
agreement with the | ||||||
4 | sponsoring real estate broker, as provided for in Section
5-40 | ||||||
5 | of this Act.
| ||||||
6 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
7 | (225 ILCS 454/5-27) | ||||||
8 | (Section scheduled to be repealed on January 1, 2020) | ||||||
9 | Sec. 5-27. Requirements for licensure as a broker. | ||||||
10 | (a) Every applicant for licensure as a broker must meet the | ||||||
11 | following qualifications: | ||||||
12 | (1) Be at least 21 years of age. After April 30, 2011, | ||||||
13 | the minimum age of 21 years shall be waived for any person | ||||||
14 | seeking a license as a broker who has attained the age of | ||||||
15 | 18 and can provide evidence of the successful completion of | ||||||
16 | at least 4 semesters of post-secondary school study as a | ||||||
17 | full-time student or the equivalent, with major emphasis on | ||||||
18 | real estate courses, in a school approved by the | ||||||
19 | Department; | ||||||
20 | (2) Be of good moral character; | ||||||
21 | (3) Successfully complete a 4-year course of study in a | ||||||
22 | high school or secondary school approved by the Illinois | ||||||
23 | State Board of Education or an equivalent course of study | ||||||
24 | as determined by an examination conducted by the Illinois | ||||||
25 | State Board of Education which shall be verified under oath |
| |||||||
| |||||||
1 | by the applicant; | ||||||
2 | (4) Prior to May 1, 2011, provide (i) satisfactory | ||||||
3 | evidence of having completed at least 120 classroom hours, | ||||||
4 | 45 of which shall be those hours required to obtain a | ||||||
5 | salesperson's license plus 15 hours in brokerage | ||||||
6 | administration courses, in real estate courses approved by | ||||||
7 | the Advisory Council or (ii) for applicants who currently | ||||||
8 | hold a valid real estate salesperson's license, give | ||||||
9 | satisfactory evidence of having completed at least 75 hours | ||||||
10 | in real estate courses, not including the courses that are | ||||||
11 | required to obtain a salesperson's license, approved by the | ||||||
12 | Advisory Council; | ||||||
13 | (5) After April 30, 2011, provide satisfactory | ||||||
14 | evidence of having completed 90 hours of instruction in | ||||||
15 | real estate courses approved by the Advisory Council, 15 | ||||||
16 | hours of which must consist of situational and case studies | ||||||
17 | presented in the classroom or by other interactive delivery | ||||||
18 | method presenting instruction and real time discussion | ||||||
19 | between the instructor and the students; | ||||||
20 | (6) Personally take and pass a written examination | ||||||
21 | authorized by the Department; | ||||||
22 | (7) Present a valid application for issuance of a | ||||||
23 | license accompanied by a sponsor card and the fees | ||||||
24 | specified by rule. | ||||||
25 | (b) The requirements specified in items (4) and (5) of | ||||||
26 | subsection (a) of this Section do not apply to applicants who |
| |||||||
| |||||||
1 | are currently admitted to practice law by the Supreme Court of | ||||||
2 | Illinois and are currently in active standing. | ||||||
3 | (c) No applicant shall engage in any of the activities | ||||||
4 | covered by this Act until a valid sponsor card has been issued | ||||||
5 | to such applicant. The sponsor card shall be valid for a | ||||||
6 | maximum period of 45 days after the date of issuance unless | ||||||
7 | extended for good cause as provided by rule. | ||||||
8 | (d) All licenses should be readily available to the public | ||||||
9 | at their place of business.
| ||||||
10 | (e) An individual holding an active license as a managing | ||||||
11 | broker may return the license to the Department along with a | ||||||
12 | form provided by the Department and shall be issued a broker's | ||||||
13 | license in exchange. Any individual obtaining a broker's | ||||||
14 | license under this subsection (e) shall be considered as having | ||||||
15 | obtained a broker's license by education and passing the | ||||||
16 | required test and shall be treated as such in determining | ||||||
17 | compliance with this Act. | ||||||
18 | (Source: P.A. 96-856, eff. 12-31-09.) | ||||||
19 | (225 ILCS 454/5-28) | ||||||
20 | (Section scheduled to be repealed on January 1, 2020) | ||||||
21 | Sec. 5-28. Requirements for licensure as a managing broker. | ||||||
22 | (a) Effective May 1, 2012, every applicant for licensure as | ||||||
23 | a managing broker must meet the following qualifications: | ||||||
24 | (1) be at least 21 years of age; | ||||||
25 | (2) be of good moral character; |
| |||||||
| |||||||
1 | (3) have been licensed at least 2 out of the preceding | ||||||
2 | 3 years as a real estate broker or salesperson; | ||||||
3 | (4) successfully complete a 4-year course of study in | ||||||
4 | high school or secondary school approved by the Illinois | ||||||
5 | State Board of Education or an equivalent course of study | ||||||
6 | as determined by an examination conducted by the Illinois | ||||||
7 | State Board of Education, which shall be verified under | ||||||
8 | oath by the applicant; | ||||||
9 | (5) provide satisfactory evidence of having completed | ||||||
10 | at least 165 hours, 120 of which shall be those hours | ||||||
11 | required pre and post-licensure to obtain a broker's | ||||||
12 | license, and 45 additional hours completed within the year | ||||||
13 | immediately preceding the filing of an application for a | ||||||
14 | managing broker's license, which hours shall focus on | ||||||
15 | brokerage administration and management and include at | ||||||
16 | least 15 hours in the classroom or by other interactive | ||||||
17 | delivery method presenting instructional and real time | ||||||
18 | discussion between the instructor and the students; | ||||||
19 | (6) personally take and pass a written examination | ||||||
20 | authorized by the Department; and | ||||||
21 | (7) present a valid application for issuance of a | ||||||
22 | license accompanied by a sponsor card, an appointment as a | ||||||
23 | managing broker, and the fees specified by rule. | ||||||
24 | (b) The requirements specified in item (5) of subsection | ||||||
25 | (a) of this Section do not apply to applicants who are | ||||||
26 | currently admitted to practice law by the Supreme Court of |
| |||||||
| |||||||
1 | Illinois and are currently in active standing. | ||||||
2 | (c) No applicant shall act as a managing broker for more | ||||||
3 | than 90 days after an appointment as a managing broker has been | ||||||
4 | filed with the Department without obtaining a managing broker's | ||||||
5 | license.
| ||||||
6 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
7 | (225 ILCS 454/5-50)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
9 | Sec. 5-50. Expiration and renewal of managing broker, | ||||||
10 | broker, salesperson, or
leasing agent license; sponsoring | ||||||
11 | broker;
register of licensees; pocket card. | ||||||
12 | (a) The expiration date and renewal period for each license | ||||||
13 | issued under
this Act shall be set by
rule, except that the | ||||||
14 | first renewal period ending after the effective date of this | ||||||
15 | Act for those licensed as a salesperson shall be extended | ||||||
16 | through April 30, 2012. Except as otherwise provided in this | ||||||
17 | Section, the holder of
a
license may renew
the license within | ||||||
18 | 90 days preceding the expiration date thereof by completing the | ||||||
19 | continuing education required by this Act and paying the
fees | ||||||
20 | specified by
rule.
| ||||||
21 | (b) An individual whose first license is that of a broker | ||||||
22 | received after April 30, 2011, must provide evidence of having | ||||||
23 | completed 30 hours of post-license education in courses | ||||||
24 | approved by the Advisory Council, 15 hours of which must | ||||||
25 | consist of situational and case studies presented in the |
| |||||||
| |||||||
1 | classroom or by other interactive delivery method presenting | ||||||
2 | instruction and real time discussion between the instructor and | ||||||
3 | the students, and personally take and pass an examination | ||||||
4 | approved by the Department prior to the first renewal of their | ||||||
5 | broker's license.
| ||||||
6 | (c) Any salesperson until April 30, 2011 or any managing | ||||||
7 | broker, broker, or leasing agent whose license under this Act | ||||||
8 | has expired shall be eligible to renew the license during the | ||||||
9 | 2-year period following the expiration date, provided the | ||||||
10 | managing broker, broker, salesperson, or leasing agent pays the | ||||||
11 | fees as prescribed by rule and completes continuing education | ||||||
12 | and other requirements provided for by the Act or by rule. | ||||||
13 | Beginning on May 1, 2012, a managing broker licensee, broker, | ||||||
14 | or leasing agent whose license has been expired for more than 2 | ||||||
15 | years but less than 5 years may have it restored by (i) | ||||||
16 | applying to the Department, (ii) paying the required fee, (iii) | ||||||
17 | completing the continuing education requirements for the most | ||||||
18 | recent pre-renewal period that ended prior to the date of the | ||||||
19 | application for reinstatement, and (iv) filing acceptable | ||||||
20 | proof of fitness to have his or her license restored, as set by | ||||||
21 | rule. A managing broker, broker, or leasing agent whose license | ||||||
22 | has been expired for more than 5 years shall be required to | ||||||
23 | meet the requirements for a new license.
| ||||||
24 | (d) Notwithstanding any other provisions of this Act to the | ||||||
25 | contrary, any managing broker, broker, salesperson, or leasing | ||||||
26 | agent whose license expired while he or she was (i) on active |
| |||||||
| |||||||
1 | duty with the Armed Forces of the United States or called into | ||||||
2 | service or training by the state militia, (ii) engaged in | ||||||
3 | training or education under the supervision of the United | ||||||
4 | States preliminary to induction into military service, or (iii) | ||||||
5 | serving as the Coordinator of Real Estate in the State of | ||||||
6 | Illinois or as an employee of the Department may have his or | ||||||
7 | her license renewed, reinstated or restored without paying any | ||||||
8 | lapsed renewal fees if within 2 years after the termination of | ||||||
9 | the service, training or education by furnishing the Department | ||||||
10 | with satisfactory evidence of service, training, or education | ||||||
11 | and it has been terminated under honorable conditions. | ||||||
12 | (e) The Department shall establish and
maintain a register | ||||||
13 | of all persons currently licensed by the
State and shall issue | ||||||
14 | and prescribe a form of pocket card. Upon payment by a licensee | ||||||
15 | of the appropriate fee as prescribed by
rule for engagement in | ||||||
16 | the activity for which the licensee is
qualified and holds a | ||||||
17 | license for the current period, the
Department shall issue a | ||||||
18 | pocket card to the licensee. The
pocket card shall be | ||||||
19 | verification that the required fee for the
current period has | ||||||
20 | been paid and shall indicate that the person named thereon is | ||||||
21 | licensed for the current renewal period as a
managing broker, | ||||||
22 | broker, salesperson, or leasing agent as the
case may be. The | ||||||
23 | pocket card shall further indicate that the
person named | ||||||
24 | thereon is authorized by the Department to
engage in the | ||||||
25 | licensed activity appropriate for his or her
status (managing | ||||||
26 | broker, broker, salesperson, or leasing
agent). Each licensee |
| |||||||
| |||||||
1 | shall carry on his or her person his or
her pocket card or, if | ||||||
2 | such pocket card has not yet been
issued, a properly issued | ||||||
3 | sponsor card when engaging in any
licensed activity and shall | ||||||
4 | display the same on demand. | ||||||
5 | (f) The Department shall provide to the sponsoring broker a | ||||||
6 | notice of renewal for all sponsored licensees by mailing the | ||||||
7 | notice to the sponsoring broker's address of record, or, at the | ||||||
8 | Department's discretion, by an electronic means as provided for | ||||||
9 | by rule. | ||||||
10 | (g) Upon request from the sponsoring broker, the Department | ||||||
11 | shall make available to the sponsoring broker, either by mail | ||||||
12 | or by an electronic means at the discretion of the Department, | ||||||
13 | a listing of licensees under this Act who, according to the | ||||||
14 | records of the Department, are sponsored by that broker. Every | ||||||
15 | licensee associated with or employed by a broker whose license | ||||||
16 | is revoked, suspended, terminated, or expired shall be | ||||||
17 | considered as inoperative until such time as the sponsoring | ||||||
18 | broker's license is reinstated or renewed, or the licensee | ||||||
19 | changes employment as set forth in subsection (c) of Section | ||||||
20 | 5-40 of this Act. | ||||||
21 | (Source: P.A. 96-856, eff. 12-31-09; 96-989, eff. 1-1-11.)
| ||||||
22 | (225 ILCS 454/5-70)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
24 | Sec. 5-70. Continuing education requirement; managing | ||||||
25 | broker, broker, or salesperson.
|
| |||||||
| |||||||
1 | (a) The requirements of this Section apply to all managing | ||||||
2 | brokers, brokers, and salespersons.
| ||||||
3 | (b) Except as otherwise
provided in this Section, each
| ||||||
4 | person who applies for renewal of his or her license as a | ||||||
5 | managing broker, real
estate broker, or real
estate salesperson | ||||||
6 | must successfully complete 6 hours of real estate continuing | ||||||
7 | education
courses approved by
the Advisory Council for each | ||||||
8 | year of the pre-renewal period. Broker licensees must | ||||||
9 | successfully complete a 6-hour broker management continuing | ||||||
10 | education course approved by the Department for the pre-renewal | ||||||
11 | period ending April 30, 2010. In addition, beginning with the | ||||||
12 | pre-renewal period for managing broker licensees that begins | ||||||
13 | after the effective date of this Act, those licensees renewing | ||||||
14 | or obtaining a managing broker's license must successfully | ||||||
15 | complete a 12-hour broker management continuing education | ||||||
16 | course approved by the Department each pre-renewal period. The | ||||||
17 | broker management continuing education course must be | ||||||
18 | completed in the classroom or by other interactive delivery | ||||||
19 | method presenting instruction and real time discussion between | ||||||
20 | the instructor and the students. Successful completion of the | ||||||
21 | course shall include achieving a passing score as provided by | ||||||
22 | rule on a test developed and administered in accordance with | ||||||
23 | rules adopted by the Department. No
license may be renewed
| ||||||
24 | except upon the successful completion of the required courses | ||||||
25 | or their
equivalent or upon a waiver
of those requirements for | ||||||
26 | good cause shown as determined by the Secretary
with the
|
| |||||||
| |||||||
1 | recommendation of the Advisory Council.
The requirements of | ||||||
2 | this Article are applicable to all managing brokers, brokers, | ||||||
3 | and salespersons
except those brokers
and salespersons who, | ||||||
4 | during the pre-renewal period:
| ||||||
5 | (1) serve in the armed services of the United States;
| ||||||
6 | (2) serve as an elected State or federal official;
| ||||||
7 | (3) serve as a full-time employee of the Department; or
| ||||||
8 | (4) are admitted to practice law pursuant to Illinois | ||||||
9 | Supreme Court rule.
| ||||||
10 | (c) A person licensed as a salesperson as of April 30, 2011 | ||||||
11 | shall not be required to complete the 18 hours of continuing | ||||||
12 | education for the pre-renewal period ending April 30, 2012 if | ||||||
13 | that person takes the 30-hour post-licensing course to obtain a | ||||||
14 | broker's license. A person licensed as a broker as of April 30, | ||||||
15 | 2011 shall not be required to complete the 12 hours of broker | ||||||
16 | management continuing education for the pre-renewal period | ||||||
17 | ending April 30, 2012, unless that person passes the | ||||||
18 | proficiency exam provided for in Section 5-47 of this Act to | ||||||
19 | qualify for a managing broker's license. | ||||||
20 | (d) A
person receiving an initial license
during the 90 | ||||||
21 | days before the renewal date shall not be
required to complete | ||||||
22 | the continuing
education courses provided for in subsection (b) | ||||||
23 | of this
Section as a condition of initial license renewal.
| ||||||
24 | (e) The continuing education requirement for salespersons, | ||||||
25 | brokers and managing brokers shall
consist of a core
curriculum | ||||||
26 | and an elective curriculum, to be established by the Advisory
|
| |||||||
| |||||||
1 | Council. In meeting the
continuing education requirements of | ||||||
2 | this Act, at least 3 hours per year or
their equivalent, 6 | ||||||
3 | hours for each two-year pre-renewal period, shall
be required | ||||||
4 | to be completed in the core curriculum.
In establishing the | ||||||
5 | core curriculum, the Advisory Council shall consider
subjects | ||||||
6 | that will
educate licensees on recent changes in applicable | ||||||
7 | laws and new laws and refresh
the licensee on areas
of the | ||||||
8 | license law and the Department policy that the Advisory Council | ||||||
9 | deems appropriate,
and any other
areas that the Advisory | ||||||
10 | Council deems timely and applicable in order to prevent
| ||||||
11 | violations of this Act
and to protect the public.
In | ||||||
12 | establishing the elective curriculum, the Advisory Council | ||||||
13 | shall consider
subjects that cover
the various aspects of the | ||||||
14 | practice of real estate that are covered under the
scope of | ||||||
15 | this Act.
However, the elective curriculum shall not include | ||||||
16 | any offerings referred to in
Section 5-85 of this Act.
| ||||||
17 | (f) The subject areas of continuing education courses | ||||||
18 | approved by the
Advisory Council may
include without limitation | ||||||
19 | the following:
| ||||||
20 | (1) license law and escrow;
| ||||||
21 | (2) antitrust;
| ||||||
22 | (3) fair housing;
| ||||||
23 | (4) agency;
| ||||||
24 | (5) appraisal;
| ||||||
25 | (6) property management;
| ||||||
26 | (7) residential brokerage;
|
| |||||||
| |||||||
1 | (8) farm property management;
| ||||||
2 | (9) rights and duties of sellers, buyers, and brokers;
| ||||||
3 | (10) commercial brokerage and leasing; and
| ||||||
4 | (11) real estate financing.
| ||||||
5 | (g) In lieu of credit for those courses listed in | ||||||
6 | subsection (f) of this
Section, credit may be
earned for | ||||||
7 | serving as a licensed instructor in an approved course of | ||||||
8 | continuing
education. The
amount of credit earned for teaching | ||||||
9 | a course shall be the amount of continuing
education credit for
| ||||||
10 | which the course is approved for licensees taking the course.
| ||||||
11 | (h) Credit hours may be earned for self-study programs | ||||||
12 | approved by the
Advisory Council.
| ||||||
13 | (i) A broker or salesperson may earn credit for a specific | ||||||
14 | continuing
education course only
once during the prerenewal | ||||||
15 | period.
| ||||||
16 | (j) No more than 6 hours of continuing education credit may | ||||||
17 | be taken or earned in one
calendar day.
| ||||||
18 | (k) To promote the offering of a uniform and consistent | ||||||
19 | course content, the Department may provide for the development | ||||||
20 | of a single broker management course to be offered by all | ||||||
21 | continuing education providers who choose to offer the broker | ||||||
22 | management continuing education course. The Department may | ||||||
23 | contract for the development of the 12-hour broker management | ||||||
24 | continuing education course with an outside vendor or | ||||||
25 | consultant and, if the course is developed in this manner, the | ||||||
26 | Department or the outside consultant shall license the use of |
| |||||||
| |||||||
1 | that course to all approved continuing education providers who | ||||||
2 | wish to provide the course.
| ||||||
3 | (l) Except as specifically provided in this Act, continuing | ||||||
4 | education credit hours may not be earned for completion of pre | ||||||
5 | or post-license courses. The approved 30-hour post-license | ||||||
6 | course for broker licensees shall satisfy the continuing | ||||||
7 | education requirement for the pre-renewal period in which the | ||||||
8 | course is taken. The approved 45-hour brokerage administration | ||||||
9 | and management course shall satisfy the 12-hour broker | ||||||
10 | management continuing education requirement for the | ||||||
11 | pre-renewal period in which the course is taken. | ||||||
12 | (Source: P.A. 96-856, eff. 12-31-09; 97-1002, eff. 8-17-12.)
| ||||||
13 | (225 ILCS 454/10-25)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
15 | Sec. 10-25. Expiration of brokerage agreement. No licensee | ||||||
16 | shall obtain any written brokerage agreement that does not | ||||||
17 | either provide
for automatic
expiration within a definite | ||||||
18 | period of time or provide the client with a right to terminate | ||||||
19 | the agreement annually by giving no more than 30 days' prior | ||||||
20 | written notice . No notice of termination at the
final | ||||||
21 | expiration thereof
shall be required. Any written brokerage | ||||||
22 | agreement not containing such a provision
for automatic
| ||||||
23 | expiration shall be void. When the license of any sponsoring | ||||||
24 | broker is
suspended or revoked, any
brokerage agreement with | ||||||
25 | the sponsoring broker shall be deemed to expire upon
the |
| |||||||
| |||||||
1 | effective date
of the suspension or revocation.
| ||||||
2 | (Source: P.A. 91-245, eff. 12-31-99 .)
| ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law. |