Full Text of SB2887 93rd General Assembly
SB2887sam001 93RD GENERAL ASSEMBLY
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Sen. Antonio Munoz
Filed: 3/22/2004
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| AMENDMENT TO SENATE BILL 2887
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| AMENDMENT NO. ______. Amend Senate Bill 2887 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Real Estate License Act of 2000 is amended | 5 |
| by changing Sections 1-10, 5-30, 5-50, and 5-70 and adding | 6 |
| Section 15-75 as follows:
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| (225 ILCS 454/1-10)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 1-10. Definitions. In this Act, unless the context | 10 |
| otherwise requires:
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| "Act" means the Real Estate License Act of 2000.
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| "Advisory Council" means the Real Estate Education | 13 |
| Advisory Council created
under Section 30-10 of this Act.
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| "Agency" means a relationship in which a real estate broker | 15 |
| or licensee,
whether directly or through an affiliated | 16 |
| licensee, represents a consumer by
the consumer's consent, | 17 |
| whether express or implied, in a real property
transaction.
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| "Applicant" means any person, as defined in this Section, | 19 |
| who applies to
OBRE for a valid license as a real estate | 20 |
| broker, real estate salesperson, or
leasing agent.
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| "Blind advertisement" means any real estate advertisement | 22 |
| that does not
include the sponsoring broker's business name and | 23 |
| that is used by any licensee
regarding the sale or lease of | 24 |
| real estate, including his or her own, licensed
activities, or |
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| the hiring of any licensee under this Act. The broker's
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| business name in the case of a franchise shall include the | 3 |
| franchise
affiliation as well as the name of the individual | 4 |
| firm.
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| "Board" means the Real Estate Administration and | 6 |
| Disciplinary Board of OBRE.
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| "Branch office" means a sponsoring broker's office other | 8 |
| than the sponsoring
broker's principal office.
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| "Broker" means an individual, partnership, limited | 10 |
| liability company,
corporation, or registered limited | 11 |
| liability partnership other than a real
estate salesperson or | 12 |
| leasing agent who for another and for compensation, or
with the | 13 |
| intention or expectation of receiving compensation, either
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| directly or indirectly:
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| (1) Sells, exchanges, purchases, rents, or leases real | 16 |
| estate.
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| (2) Offers to sell, exchange, purchase, rent, or lease | 18 |
| real estate.
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| (3) Negotiates, offers, attempts, or agrees to | 20 |
| negotiate the sale,
exchange, purchase, rental, or leasing | 21 |
| of real estate.
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| (4) Lists, offers, attempts, or agrees to list real | 23 |
| estate for sale,
lease, or exchange.
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| (5) Buys, sells, offers to buy or sell, or otherwise | 25 |
| deals in options on
real estate or improvements thereon.
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| (6) Supervises the collection, offer, attempt, or | 27 |
| agreement
to collect rent for the use of real estate.
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| (7) Advertises or represents himself or herself as | 29 |
| being engaged in the
business of buying, selling, | 30 |
| exchanging, renting, or leasing real estate.
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| (8) Assists or directs in procuring or referring of | 32 |
| prospects, intended to
result in the sale, exchange, lease, | 33 |
| or rental of real estate.
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| (9) Assists or directs in the negotiation of any |
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| transaction intended to
result in the sale, exchange, | 2 |
| lease, or rental of real estate.
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| (10) Opens real estate to the public for marketing | 4 |
| purposes.
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| (11) Sells, leases, or offers for sale or lease real | 6 |
| estate at
auction.
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| "Brokerage agreement" means a written or oral agreement | 8 |
| between a sponsoring
broker and a consumer for licensed | 9 |
| activities to be provided to a consumer in
return for | 10 |
| compensation or the right to receive compensation from another.
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| Brokerage agreements may constitute either a bilateral or a | 12 |
| unilateral
agreement between the broker and the broker's client | 13 |
| depending upon the content
of the brokerage agreement. All | 14 |
| exclusive brokerage agreements shall be in
writing.
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| "Client" means a person who is being represented by a | 16 |
| licensee.
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| "Commissioner" means the Commissioner of Banks and Real | 18 |
| Estate or a person
authorized by the Commissioner, the Office | 19 |
| of Banks and Real Estate Act, or
this Act to act in the | 20 |
| Commissioner's stead.
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| "Compensation" means the valuable consideration given by | 22 |
| one person or entity
to another person or entity in exchange | 23 |
| for the performance of some activity or
service. Compensation | 24 |
| shall include the transfer of valuable consideration,
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| including without limitation the following:
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| (1) commissions;
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| (2) referral fees;
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| (3) bonuses;
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| (4) prizes;
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| (5) merchandise;
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| (6) finder fees;
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| (7) performance of services;
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| (8) coupons or gift certificates;
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| (9) discounts;
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| (10) rebates;
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| (11) a chance to win a raffle, drawing, lottery, or | 3 |
| similar game of chance
not prohibited by any other law or | 4 |
| statute;
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| (12) retainer fee; or
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| (13) salary.
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| "Confidential information" means information obtained by a | 8 |
| licensee from a
client during the term of a brokerage agreement | 9 |
| that (i) was made confidential
by the written request or | 10 |
| written instruction of the client, (ii) deals with
the | 11 |
| negotiating position of the client, or (iii) is information the | 12 |
| disclosure
of which could materially harm the negotiating | 13 |
| position of the client, unless
at any time:
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| (1) the client permits the disclosure of information | 15 |
| given by that client
by word or conduct;
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| (2) the disclosure is required by law; or
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| (3) the information becomes public from a source other | 18 |
| than the licensee.
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| "Confidential information" shall not be considered to | 20 |
| include material
information about the physical condition of | 21 |
| the property.
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| "Consumer" means a person or entity seeking or receiving | 23 |
| licensed
activities.
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| "Continuing education school" means any person licensed by | 25 |
| OBRE as a school
for continuing education in accordance with | 26 |
| Section 30-15 of this Act.
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| "Credit hour" means 50 minutes of classroom instruction in | 28 |
| course work that
meets the requirements set forth in rules | 29 |
| adopted by OBRE.
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| "Customer" means a consumer who is not being represented by | 31 |
| the licensee but
for whom the licensee is performing | 32 |
| ministerial acts.
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| "Designated agency" means a contractual relationship | 34 |
| between a sponsoring
broker and a client under Section 15-50 of |
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| this Act in which one or more
licensees associated with or | 2 |
| employed by the broker are designated as agent of
the client.
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| "Designated agent" means a sponsored licensee named by a | 4 |
| sponsoring broker as
the legal agent of a client, as provided | 5 |
| for in Section 15-50 of this Act.
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| "Director" means the Director of the Real Estate Division, | 7 |
| OBRE.
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| "Dual agency" means an agency relationship in which a | 9 |
| licensee is
representing both buyer and seller or both landlord | 10 |
| and tenant in the same
transaction. When the agency | 11 |
| relationship is a designated agency, the
question of whether | 12 |
| there is a dual agency shall be determined by the agency
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| relationships of the designated agent of the parties and not of | 14 |
| the sponsoring
broker.
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| "Employee" or other derivative of the word "employee", when | 16 |
| used to refer to,
describe, or delineate the relationship | 17 |
| between a real estate broker and a real
estate salesperson, | 18 |
| another real estate broker, or a leasing agent, shall be
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| construed to include an independent contractor relationship, | 20 |
| provided that a
written agreement exists that clearly | 21 |
| establishes and states the relationship.
All responsibilities | 22 |
| of a broker shall remain.
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| "Escrow moneys" means all moneys, promissory notes or any | 24 |
| other type or
manner of legal tender or financial consideration | 25 |
| deposited with any person for
the benefit of the parties to the | 26 |
| transaction. A transaction exists once an
agreement has been | 27 |
| reached and an accepted real estate contract signed or lease
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| agreed to by the parties. Escrow moneys includes without | 29 |
| limitation earnest
moneys and security deposits, except those | 30 |
| security deposits in which the
person holding the security | 31 |
| deposit is also the sole owner of the property
being leased and | 32 |
| for which the security deposit is being held.
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| "Exclusive brokerage agreement" means a written brokerage | 34 |
| agreement that provides that the sponsoring broker has the sole |
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| right, through one or more sponsored licensees, to act as the | 2 |
| exclusive designated agent or representative of the client and | 3 |
| meets the requirements of Section 15-75 of this Act.
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| "Inoperative" means a status of licensure where the | 5 |
| licensee holds a current
license under this Act, but the | 6 |
| licensee is prohibited from engaging in
licensed activities | 7 |
| because the licensee is unsponsored or the license of the
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| sponsoring broker with whom the licensee is associated or by | 9 |
| whom he or she is
employed is currently expired, revoked, | 10 |
| suspended, or otherwise rendered
invalid under this Act.
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| "Leasing Agent" means a person who is employed by a real | 12 |
| estate broker to
engage in licensed activities limited to | 13 |
| leasing residential real estate who
has obtained a license as | 14 |
| provided for in Section 5-5 of this Act.
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| "License" means the document issued by OBRE certifying that | 16 |
| the person named
thereon has fulfilled all requirements | 17 |
| prerequisite to licensure under this
Act.
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| "Licensed activities" means those activities listed in the | 19 |
| definition of
"broker" under this Section.
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| "Licensee" means any person, as defined in this Section, | 21 |
| who holds a
valid unexpired license as a real estate broker, | 22 |
| real estate salesperson, or
leasing agent.
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| "Listing presentation" means a communication between a | 24 |
| real estate broker or
salesperson and a consumer in which the | 25 |
| licensee is attempting to secure a
brokerage agreement with the | 26 |
| consumer to market the consumer's real estate for
sale or | 27 |
| lease.
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| "Managing broker" means a broker who has supervisory | 29 |
| responsibilities for
licensees in one or, in the case of a | 30 |
| multi-office company, more than one
office and who has been | 31 |
| appointed as such by the sponsoring broker.
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| "Medium of advertising" means any method of communication | 33 |
| intended to
influence the general public to use or purchase a | 34 |
| particular good or service or
real estate.
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| "Ministerial acts" means those acts that a licensee may | 2 |
| perform for a
consumer that are informative or clerical in | 3 |
| nature and do not rise to the
level of active representation on | 4 |
| behalf of a consumer. Examples of these acts
include without | 5 |
| limitation (i) responding to phone inquiries by consumers as to
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| the availability and pricing of brokerage services, (ii) | 7 |
| responding to phone
inquiries from a consumer concerning the | 8 |
| price or location of property, (iii)
attending an open house | 9 |
| and responding to questions about the property from a
consumer, | 10 |
| (iv) setting an appointment to view property, (v) responding to
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| questions of consumers walking into a licensee's office | 12 |
| concerning brokerage
services offered or particular | 13 |
| properties, (vi) accompanying an appraiser,
inspector, | 14 |
| contractor, or similar third party on a visit to a property, | 15 |
| (vii)
describing a property or the property's condition in | 16 |
| response to a consumer's
inquiry, (viii) completing business or | 17 |
| factual information for a consumer on an
offer or contract to | 18 |
| purchase on behalf of a client, (ix) showing a client
through a | 19 |
| property being sold by an owner on his or her own behalf, or | 20 |
| (x)
referral to another broker or service provider.
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| "OBRE" means the Office of Banks and Real Estate.
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| "Office" means a real estate broker's place of business | 23 |
| where the general
public is invited to transact business and | 24 |
| where records may be maintained and
licenses displayed, whether | 25 |
| or not it is the broker's principal place of
business.
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| "Person" means and includes individuals, entities, | 27 |
| corporations, limited
liability companies, registered limited | 28 |
| liability partnerships, and
partnerships, foreign or domestic, | 29 |
| except that when the context otherwise
requires, the term may | 30 |
| refer to a single individual or other described entity.
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| "Personal assistant" means a licensed or unlicensed person | 32 |
| who has been hired
for the purpose of aiding or assisting a | 33 |
| sponsored licensee in the performance
of the sponsored | 34 |
| licensee's job.
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| "Pocket card" means the card issued by OBRE to signify that | 2 |
| the person named
on the card is currently licensed under this | 3 |
| Act.
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| "Pre-license school" means a school licensed by OBRE | 5 |
| offering courses in
subjects related to real estate | 6 |
| transactions, including the subjects upon
which an applicant is | 7 |
| examined in determining fitness to receive a license.
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| "Pre-renewal period" means the period between the date of | 9 |
| issue of a
currently valid license and the license's expiration | 10 |
| date.
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| "Real estate" means and includes leaseholds as well as any | 12 |
| other interest or
estate in land, whether corporeal, | 13 |
| incorporeal, freehold, or non-freehold,
including timeshare | 14 |
| interests, and whether the real estate is situated in this
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| State or elsewhere.
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| "Real Estate Administration and Disciplinary Board" or | 17 |
| "Board" means the
Real Estate Administration and Disciplinary | 18 |
| Board created by Section 25-10 of
this Act.
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| "Salesperson" means any individual, other than a real | 20 |
| estate broker or
leasing agent, who is employed by a real | 21 |
| estate broker or is associated by
written agreement with a real | 22 |
| estate broker as an independent contractor and
participates in | 23 |
| any activity described in the definition of "broker" under this
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| Section.
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| "Sponsoring broker" means the broker who has issued a | 26 |
| sponsor card to a
licensed salesperson, another licensed | 27 |
| broker, or a leasing agent.
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| "Sponsor card" means the temporary permit issued by the | 29 |
| sponsoring real
estate broker certifying that the real estate | 30 |
| broker, real estate salesperson,
or leasing agent named thereon | 31 |
| is employed by or associated by written
agreement with the | 32 |
| sponsoring real estate broker, as provided for in Section
5-40 | 33 |
| of this Act.
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| (Source: P.A. 91-245, eff. 12-31-99; 91-585, eff. 1-1-00; |
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| 91-603, eff.
1-1-00; 91-702, eff. 5-12-00; 92-217, eff. | 2 |
| 8-2-01.)
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| (225 ILCS 454/5-30)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5-30. Education requirements to obtain an original | 6 |
| broker or
salesperson
license.
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| (a) All applicants for a broker's license, except | 8 |
| applicants who meet the
criteria set forth in
subsection (c) of | 9 |
| this Section shall (i) give satisfactory evidence of having
| 10 |
| completed at
least 120 classroom
hours, 45 of which shall be | 11 |
| those hours required to obtain a salesperson's
license plus 15 | 12 |
| hours in
brokerage administration courses, in real estate | 13 |
| courses approved by the
Advisory Council or (ii)
for applicants | 14 |
| who currently hold a valid real estate salesperson's license,
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| give satisfactory evidence
of having completed at least 75 | 16 |
| hours in real estate courses, not including the
courses that | 17 |
| are
required to obtain a salesperson's license, approved by the | 18 |
| Advisory Council.
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| (b) All applicants for a salesperson's license, except | 20 |
| applicants who meet
the criteria set forth in
subsection (c) of | 21 |
| this Section shall give satisfactory evidence that they have
| 22 |
| completed at least 45 hours of
instruction in real estate | 23 |
| courses approved by the Advisory Council. | 24 |
| (c) The requirements specified in subsections (a) and (b) | 25 |
| of this Section do
not apply to applicants who :
| 26 |
| (1) are currently admitted to practice law by the | 27 |
| Supreme Court of
Illinois
and are
currently in active | 28 |
| standing ; or
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| (2) show evidence of receiving a baccalaureate degree | 30 |
| including courses
involving real
estate or related | 31 |
| material from a college or university approved by the
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| Advisory Council .
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| (d) A minimum of 15 of the required hours of pre-license |
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| education shall be
in the areas of
Article 15 of this Act, | 2 |
| disclosure and environmental issues, or any other
currently | 3 |
| topical areas that are
determined by the Advisory Council.
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| (Source: P.A. 91-245, eff. 12-31-99.)
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| (225 ILCS 454/5-50)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5-50. Expiration date and renewal period of broker, | 8 |
| salesperson, or
leasing agent license; sponsoring broker;
| 9 |
| register of licensees; pocket card.
| 10 |
| (a) The expiration date and renewal period for each license | 11 |
| issued under
this Act shall be set by
rule. Except as otherwise | 12 |
| provided in Section 5-55 of this Act, the holder of
a
license | 13 |
| may renew
the license within 90 days preceding the expiration | 14 |
| date thereof by paying the
fees specified by
rule. Upon written | 15 |
| request from the sponsoring broker, OBRE shall prepare and
mail | 16 |
| to the
sponsoring broker a listing of licensees under this Act | 17 |
| who, according to the
records of OBRE, are
sponsored by that | 18 |
| broker. Every licensee associated with or employed by a
broker | 19 |
| whose license is
revoked, suspended, terminated, or expired | 20 |
| shall be considered as inoperative
until such time as the
| 21 |
| sponsoring broker's license is reinstated or renewed, or the | 22 |
| licensee changes
employment as set
forth in subsection (c) of | 23 |
| Section 5-40 of this Act.
| 24 |
| (b) OBRE shall establish and maintain a register of all | 25 |
| persons currently
licensed by the State
and shall issue and | 26 |
| prescribe a form of pocket card. Upon payment by a
licensee of | 27 |
| the appropriate
fee as prescribed by rule for engagement in the | 28 |
| activity for which the licensee
is qualified and holds
a | 29 |
| license for the current period, OBRE shall issue a pocket card | 30 |
| to the
licensee. The pocket card
shall be verification that the | 31 |
| required fee for the current period has been
paid and shall | 32 |
| indicate that
the person named thereon is licensed for the | 33 |
| current renewal period as a
broker, salesperson, or
leasing |
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| agent as the case may be. The pocket card shall further | 2 |
| indicate that
the person named
thereon is authorized by OBRE to | 3 |
| engage in the licensed activity appropriate
for his or her | 4 |
| status
(broker, salesperson, or leasing agent). Each licensee | 5 |
| shall carry on his or
her person his or her
pocket card or, if | 6 |
| such pocket card has not yet been issued, a properly issued
| 7 |
| sponsor card when
engaging in any licensed activity and shall | 8 |
| display the same on demand.
| 9 |
| (c) Any person licensed as a broker shall be entitled at | 10 |
| any renewal date to change his or her license status from | 11 |
| broker to salesperson.
| 12 |
| (Source: P.A. 91-245, eff. 12-31-99.)
| 13 |
| (225 ILCS 454/5-70)
| 14 |
| (Section scheduled to be repealed on January 1, 2010)
| 15 |
| Sec. 5-70. Continuing education requirement; broker or | 16 |
| salesperson.
| 17 |
| (a) The requirements of this Section apply to all licensees | 18 |
| who have
had a license for less than 15 years as of January 1, | 19 |
| 1992 .
| 20 |
| (b) Except as otherwise
provided in this Section, each
| 21 |
| person who applies for renewal of his or her license as a real
| 22 |
| estate broker or real
estate salesperson must successfully | 23 |
| complete real estate continuing education
courses approved by
| 24 |
| the Advisory Council at the rate of 6 hours per year or its | 25 |
| equivalent. In addition, effective with the pre-renewal period | 26 |
| beginning April 1, 2006, in order to renew a real estate | 27 |
| broker's license, the licensee must successfully complete, by | 28 |
| achieving an 85% passing score, a 6-hour broker management | 29 |
| continuing education course approved by OBRE. The 6-hour broker | 30 |
| management continuing education course must be completed by all | 31 |
| persons receiving their initial broker's license within 180 | 32 |
| days after the date of initial licensure as a broker. No
| 33 |
| license may be renewed
except upon the successful completion of |
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| the required courses or their
equivalent or upon a waiver
of | 2 |
| those requirements for good cause shown as determined by the | 3 |
| Commissioner
with the
recommendation of the Advisory Council.
| 4 |
| The requirements of this Article are applicable to all brokers | 5 |
| and salespersons
except those brokers
and salespersons who, | 6 |
| during the pre-renewal period:
| 7 |
| (1) serve in the armed services of the United States;
| 8 |
| (2) serve as an elected State or federal official;
| 9 |
| (3) serve as a full-time employee of OBRE; or
| 10 |
| (4) are admitted to practice law pursuant to Illinois | 11 |
| Supreme Court rule.
| 12 |
| (c) A person who is issued an initial license as a real | 13 |
| estate salesperson
less than one year prior
to the expiration | 14 |
| date of that license shall not be required to complete
| 15 |
| continuing education as a
condition of license renewal. A | 16 |
| person who is issued an initial license as a
real estate broker | 17 |
| less
than one year prior to the expiration date of that license | 18 |
| and who has not been
licensed as a real estate
salesperson | 19 |
| during the pre-renewal period shall not be required to complete
| 20 |
| continuing education as
a condition of license renewal. A | 21 |
| person receiving an initial license as a real estate broker | 22 |
| during the 90 days before the broker renewal date shall not be | 23 |
| required to complete the broker management continuing | 24 |
| education course provided for in subsection (b) of this | 25 |
| Section.
| 26 |
| (d) The continuing education requirement for salespersons | 27 |
| and brokers shall
consist of a core
curriculum and an elective | 28 |
| curriculum, to be established by the Advisory
Council. In | 29 |
| meeting the
continuing education requirements of this Act, at | 30 |
| least 3 hours per year or
their equivalent shall
be required to | 31 |
| be completed in the core curriculum.
In establishing the core | 32 |
| curriculum, the Advisory Council shall consider
subjects that | 33 |
| will
educate licensees on recent changes in applicable laws and | 34 |
| new laws and refresh
the licensee on areas
of the license law |
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| and OBRE policy that the Advisory Council deems appropriate,
| 2 |
| and any other
areas that the Advisory Council deems timely and | 3 |
| applicable in order to prevent
violations of this Act
and to | 4 |
| protect the public.
In establishing the elective curriculum, | 5 |
| the Advisory Council shall consider
subjects that cover
the | 6 |
| various aspects of the practice of real estate that are covered | 7 |
| under the
scope of this Act.
However, the elective curriculum | 8 |
| shall not include any offerings referred to in
Section 5-85 of | 9 |
| this Act.
| 10 |
| (e) The subject areas of continuing education courses | 11 |
| approved by the
Advisory Council may
include without limitation | 12 |
| the following:
| 13 |
| (1) license law and escrow;
| 14 |
| (2) antitrust;
| 15 |
| (3) fair housing;
| 16 |
| (4) agency;
| 17 |
| (5) appraisal;
| 18 |
| (6) property management;
| 19 |
| (7) residential brokerage;
| 20 |
| (8) farm property management;
| 21 |
| (9) rights and duties of sellers, buyers, and brokers;
| 22 |
| (10) commercial brokerage and leasing; and
| 23 |
| (11) real estate financing.
| 24 |
| (f) In lieu of credit for those courses listed in | 25 |
| subsection (e) of this
Section, credit may be
earned for | 26 |
| serving as a licensed instructor in an approved course of | 27 |
| continuing
education. The
amount of credit earned for teaching | 28 |
| a course shall be the amount of continuing
education credit for
| 29 |
| which the course is approved for licensees taking the course.
| 30 |
| (g) Credit hours may be earned for self-study programs | 31 |
| approved by the
Advisory Council.
| 32 |
| (h) A broker or salesperson may earn credit for a specific | 33 |
| continuing
education course only
once during the prerenewal | 34 |
| period.
|
|
|
|
09300SB2887sam001 |
- 14 - |
LRB093 20864 WGH 48896 a |
|
| 1 |
| (i) No more than 6 hours of continuing education credit may | 2 |
| be earned in one
calendar day.
| 3 |
| (j) OBRE shall contract with the Illinois Real Estate | 4 |
| Education Foundation to develop the 6-hour broker management | 5 |
| continuing education course and may license the use of that | 6 |
| course to all approved continuing education providers. In | 7 |
| addition, OBRE shall contract with the provider of the testing | 8 |
| service for licensure as a broker or salesperson to develop and | 9 |
| administer an appropriate test to be taken in connection with | 10 |
| the 6-hour broker management continuing education course.
| 11 |
| (Source: P.A. 91-245, eff. 12-31-99.)
| 12 |
| (225 ILCS 454/15-75 new)
| 13 |
| Sec. 15-75. Exclusive brokerage agreements. All exclusive | 14 |
| brokerage agreements must specify that the sponsoring broker | 15 |
| must, at a minimum, do the following: | 16 |
| (1) accept delivery of and present to the client offers | 17 |
| and counteroffers to buy, sell, or lease the client's | 18 |
| property or the property the client seeks to purchase or | 19 |
| lease; | 20 |
| (2) assist the client in developing, communicating, | 21 |
| negotiating, and presenting offers, counteroffers, and | 22 |
| notices that relate to the offers and counteroffers until a | 23 |
| lease or purchase agreement is signed and all contingencies | 24 |
| are satisfied or waived; and | 25 |
| (3) answer the client's questions relating to the | 26 |
| offers, counteroffers, notices, and contingencies.
| 27 |
| Section 99. Effective date. This Act takes effect upon | 28 |
| becoming law.".
|
|