(225 ILCS 454/Art. 1 heading) ARTICLE 1.
GENERAL PROVISIONS
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(225 ILCS 454/1-1)
(Section scheduled to be repealed on January 1, 2030)
Sec. 1-1.
Short title; Act supersedes Real Estate License Act of 1983.
This Act shall be known and may be cited as the Real Estate License Act of
2000, and it shall
supersede the Real Estate License Act of 1983 repealed by this Act.
(Source: P.A. 91-245, eff. 12-31-99.)
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(225 ILCS 454/1-5)
(Section scheduled to be repealed on January 1, 2030)
Sec. 1-5. Legislative intent. The intent of the General Assembly in enacting this statute is to evaluate the
competency of persons
engaged in the real estate profession and to regulate their activities for the
protection of the public.
(Source: P.A. 101-357, eff. 8-9-19.)
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(225 ILCS 454/1-10) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 1-10. Definitions. In this Act, unless the context otherwise requires: "Act" means the Real Estate License Act of 2000. "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department. "Agency" means a relationship in which a broker or licensee,
whether directly or through an affiliated licensee, represents a consumer by
the consumer's consent, whether express or implied, in a real property
transaction. "Applicant" means any person, as defined in this Section, who applies to
the Department for a valid license as a managing broker, broker, or
residential leasing agent. "Blind advertisement" means any real estate advertisement that is used by a licensee regarding the sale or lease of real estate, licensed activities, or the hiring of any licensee under this Act that does not
include the sponsoring broker's complete business name or, in the case of electronic advertisements, does not provide a direct link to a display with all the required disclosures. The broker's
business name in the case of a franchise shall include the franchise
affiliation as well as the name of the individual firm. "Board" means the Real Estate Administration and Disciplinary Board of the Department as created by Section 25-10 of this Act. "Broker" means an individual, entity, corporation, foreign or domestic partnership, limited liability company,
registered limited liability partnership, or other business entity other than a residential leasing agent who, whether in person or through any media or technology, for another and for compensation, or
with the intention or expectation of receiving compensation, either
directly or indirectly: (1) Sells, exchanges, purchases, rents, or leases | ||
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(2) Offers to sell, exchange, purchase, rent, or | ||
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(3) Negotiates, offers, attempts, or agrees to | ||
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(4) Lists, offers, attempts, or agrees to list real | ||
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(5) Whether for another or themselves, engages in a | ||
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(6) Supervises the collection, offer, attempt, or | ||
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(7) Advertises or represents oneself as being engaged | ||
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(8) Assists or directs in procuring or referring of | ||
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(9) Assists or directs in the negotiation of any | ||
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(10) Opens real estate to the public for marketing | ||
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(11) Sells, rents, leases, or offers for sale or | ||
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(12) Prepares or provides a broker price opinion or | ||
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"Brokerage agreement" means a written or oral agreement between a sponsoring
broker and a consumer for licensed activities, or the performance of future licensed activities, to be provided to a consumer in
return for compensation or the right to receive compensation from another.
Brokerage agreements may constitute either a bilateral or a unilateral
agreement between the broker and the broker's client depending upon the content
of the brokerage agreement. All exclusive brokerage agreements shall be in
writing. "Broker price opinion" means an estimate or analysis of the probable selling price of a particular interest in real estate, which may provide a varying level of detail about the property's condition, market, and neighborhood and information on comparable sales. The activities of a real estate broker or managing broker engaging in the ordinary course of business as a broker, as defined in this Section, shall not be considered a broker price opinion if no compensation is paid to the broker or managing broker, other than compensation based upon the sale or rental of real estate. A broker price opinion shall not be considered an appraisal within the meaning of the Real Estate Appraiser Licensing Act of 2002, any amendment to that Act, or any successor Act. "Client" means a person who is being represented by a licensee. "Comparative market analysis" means an analysis or opinion regarding pricing, marketing, or financial aspects relating to a specified interest or interests in real estate that may be based upon an analysis of comparative market data, the expertise of the real estate broker or managing broker, and such other factors as the broker or managing broker may deem appropriate in developing or preparing such analysis or opinion. The activities of a real estate broker or managing broker engaging in the ordinary course of business as a broker, as defined in this Section, shall not be considered a comparative market analysis if no compensation is paid to the broker or managing broker, other than compensation based upon the sale or rental of real estate. A comparative market analysis shall not be considered an appraisal within the meaning of the Real Estate Appraiser Licensing Act of 2002, any amendment to that Act, or any successor Act. "Compensation" means the valuable consideration given by one person or entity
to another person or entity in exchange for the performance of some activity or
service. Compensation shall include the transfer of valuable consideration,
including without limitation the following: (1) commissions; (2) referral fees; (3) bonuses; (4) prizes; (5) merchandise; (6) finder fees; (7) performance of services; (8) coupons or gift certificates; (9) discounts; (10) rebates; (11) a chance to win a raffle, drawing, lottery, or | ||
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(12) retainer fee; or (13) salary. "Confidential information" means information obtained by a licensee from a
client during the term of a brokerage agreement that (i) was made confidential
by the written request or written instruction of the client, (ii) deals with
the negotiating position of the client, or (iii) is information the disclosure
of which could materially harm the negotiating position of the client, unless
at any time: (1) the client permits the disclosure of information | ||
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(2) the disclosure is required by law; or (3) the information becomes public from a source | ||
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"Confidential information" shall not be considered to include material
information about the physical condition of the property. "Consumer" means a person or entity seeking or receiving licensed
activities. "Coordinator" means the Coordinator of Real Estate created in Section 25-15 of this Act. "Credit hour" means 50 minutes of instruction in course work that
meets the requirements set forth in rules adopted by the Department. "Customer" means a consumer who is not being represented by the licensee. "Department" means the Department of Financial and Professional Regulation. "Designated agency" means a contractual relationship between a sponsoring
broker and a client under Section 15-50 of this Act in which one or more
licensees associated with or employed by the broker are designated as agent of
the client. "Designated agent" means a sponsored licensee named by a sponsoring broker as
the legal agent of a client, as provided for in Section 15-50 of this Act. "Designated managing broker" means a managing broker who has supervisory responsibilities for licensees in one or, in the case of a multi-office company, more than one office and who has been appointed as such by the sponsoring broker registered with the Department. "Director" means the Director of Real Estate within the Department of Financial and Professional Regulation. "Dual agency" means an agency relationship in which a licensee is
representing both buyer and seller or both landlord and tenant in the same
transaction. When the agency relationship is a designated agency, the
question of whether there is a dual agency shall be determined by the agency
relationships of the designated agent of the parties and not of the sponsoring
broker. "Education provider" means a school licensed by the Department offering courses in pre-license, post-license, or continuing education required by this Act. "Employee" or other derivative of the word "employee", when used to refer to,
describe, or delineate the relationship between a sponsoring broker and a managing broker, broker, or a residential leasing agent, shall be
construed to include an independent contractor relationship, provided that a
written agreement exists that clearly establishes and states the relationship.
"Escrow moneys" means all moneys, promissory notes, or any other type or
manner of legal tender or financial consideration deposited with any person for
the benefit of the parties to the transaction. A transaction exists once an
agreement has been reached and an accepted real estate contract signed or lease
agreed to by the parties. "Escrow moneys" includes, without limitation, earnest
moneys and security deposits, except those security deposits in which the
person holding the security deposit is also the sole owner of the property
being leased and for which the security deposit is being held. "Electronic means of proctoring" means a methodology providing assurance that the person taking a test and completing the answers to questions is the person seeking licensure or credit for continuing education and is doing so without the aid of a third party or other device. "Exclusive brokerage agreement" means a written brokerage agreement that provides that the sponsoring broker has the sole right, through one or more sponsored licensees, to act as the exclusive agent or representative of the client and that meets the requirements of Section 15-75 of this Act.
"Inactive" means a status of licensure where the licensee holds a current
license under this Act, but the licensee is prohibited from engaging in
licensed activities because the licensee is unsponsored or the license of the
sponsoring broker with whom the licensee is associated or by whom the licensee is
employed is currently expired, revoked, suspended, or otherwise rendered
invalid under this Act. The license of any business entity that is not in good standing with the Illinois Secretary of State, or is not authorized to conduct business in Illinois, shall immediately become inactive and that entity shall be prohibited from engaging in any licensed activities. "Leads" means the name or names of a potential buyer, seller, lessor, lessee, or client of a licensee. "License" means the privilege conferred by the Department to a person that has fulfilled all requirements prerequisite to any type of licensure under this
Act. "Licensed activities" means those activities listed in the definition of
"broker" under this Section. "Licensee" means any person licensed under this Act. "Listing presentation" means any communication, written or oral and by any means or media, between a managing broker or
broker and a consumer in which the licensee is attempting to secure a
brokerage agreement with the consumer to market the consumer's real estate for
sale or lease. "Managing broker" means a licensee who may be authorized to assume responsibilities as a designated managing broker for
licensees in one or, in the case of a multi-office company, more than one
office, upon appointment by the sponsoring broker and registration with the Department. A managing broker may act as one's own sponsor. "Medium of advertising" means any method of communication intended to
influence the general public to use or purchase a particular good or service or
real estate, including, but not limited to, print, electronic, social media, and digital forums. "Office" means a broker's place of business where the general
public is invited to transact business and where records may be maintained and
licenses readily available, whether or not it is the broker's principal place of
business. "Person" means and includes individuals, entities, corporations, limited
liability companies, registered limited liability partnerships, foreign and domestic
partnerships, and other business entities, except that when the context otherwise
requires, the term may refer to a single individual or other described entity. "Proctor" means any person, including, but not limited to, an instructor, who has a written agreement to administer examinations fairly and impartially with a licensed education provider. "Real estate" means and includes leaseholds as well as any other interest or
estate in land, whether corporeal, incorporeal, freehold, or non-freehold and whether the real estate is situated in this
State or elsewhere. "Real estate" does not include property sold, exchanged, or leased as a timeshare or similar vacation item or interest, vacation club membership, or other activity formerly regulated under the Real Estate Timeshare Act of 1999 (repealed). "Regular employee" means a person working an average of 20 hours per week for a person or entity who would be considered as an employee under the Internal Revenue Service rules for classifying workers. "Renewal period" means the period beginning 90 days prior to the expiration date of a license. "Residential leasing agent" means a person who is employed by a broker to
engage in licensed activities limited to leasing residential real estate who
has obtained a license as provided for in Section 5-5 of this Act. "Secretary" means the Secretary of the Department of Financial and Professional Regulation, or a person authorized by the Secretary to act in the Secretary's stead. "Sponsoring broker" means the broker who certifies to the Department the broker's sponsorship of a
licensed managing broker, broker, or a residential leasing agent. "Sponsorship" means that a sponsoring broker has certified to the Department that a managing broker, broker,
or residential leasing agent is employed by or associated by written
agreement with the sponsoring broker and the Department has registered the sponsorship, as provided for in Section
5-40 of this Act. "Team" means any 2 or more licensees who work together to provide real estate brokerage services, represent themselves to the public as being part of a team or group, are identified by a team name that is different than their sponsoring broker's name, and together are supervised by the same managing broker and sponsored by the same sponsoring broker. "Team" does not mean a separately organized, incorporated, or legal entity. (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 1-10. Definitions. In this Act, unless the context otherwise requires: "Act" means the Real Estate License Act of 2000. "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department. "Agency" means a relationship in which a broker or licensee, whether directly or through an affiliated licensee, represents a consumer by the consumer's consent, whether express or implied, in a real property transaction. "Applicant" means any person, as defined in this Section, who applies to the Department for a valid license as a managing broker, broker, or residential leasing agent. "Blind advertisement" means any real estate advertisement that is used by a licensee regarding the sale or lease of real estate, licensed activities, or the hiring of any licensee under this Act that does not include the sponsoring broker's complete business name or, in the case of electronic advertisements, does not provide a direct link to a display with all the required disclosures. The broker's business name in the case of a franchise shall include the franchise affiliation as well as the name of the individual firm. "Board" means the Real Estate Administration and Disciplinary Board of the Department as created by Section 25-10 of this Act. "Broker" means an individual, entity, corporation, foreign or domestic partnership, limited liability company, registered limited liability partnership, or other business entity other than a residential leasing agent who, whether in person or through any media or technology, for another and for compensation, or with the intention or expectation of receiving compensation, either directly or indirectly: (1) Sells, exchanges, purchases, rents, or leases | ||
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(2) Offers to sell, exchange, purchase, rent, or | ||
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(3) Negotiates, offers, attempts, or agrees to | ||
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(4) Lists, offers, attempts, or agrees to list real | ||
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(5) Whether for another or themselves, engages in a | ||
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(6) Supervises the collection, offer, attempt, or | ||
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(7) Advertises or represents oneself as being engaged | ||
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(8) Assists or directs in procuring or referring of | ||
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(9) Assists or directs in the negotiation of any | ||
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(10) Opens real estate to the public for marketing | ||
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(11) Sells, rents, leases, or offers for sale or | ||
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(12) Prepares or provides a broker price opinion or | ||
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"Brokerage agreement" means an agreement between a sponsoring broker and a consumer for licensed activities, or the performance of future licensed activities, to be provided to a consumer in return for compensation or the right to receive compensation from another. Brokerage agreements may constitute either a bilateral or a unilateral agreement between the broker and the broker's client depending upon the content of the brokerage agreement. All brokerage agreements shall be in writing and may be exclusive or non-exclusive. "Broker price opinion" means an estimate or analysis of the probable selling price of a particular interest in real estate, which may provide a varying level of detail about the property's condition, market, and neighborhood and information on comparable sales. The activities of a real estate broker or managing broker engaging in the ordinary course of business as a broker, as defined in this Section, shall not be considered a broker price opinion if no compensation is paid to the broker or managing broker, other than compensation based upon the sale or rental of real estate. A broker price opinion shall not be considered an appraisal within the meaning of the Real Estate Appraiser Licensing Act of 2002, any amendment to that Act, or any successor Act. "Client" means a person who is being represented by a licensee. "Comparative market analysis" means an analysis or opinion regarding pricing, marketing, or financial aspects relating to a specified interest or interests in real estate that may be based upon an analysis of comparative market data, the expertise of the real estate broker or managing broker, and such other factors as the broker or managing broker may deem appropriate in developing or preparing such analysis or opinion. The activities of a real estate broker or managing broker engaging in the ordinary course of business as a broker, as defined in this Section, shall not be considered a comparative market analysis if no compensation is paid to the broker or managing broker, other than compensation based upon the sale or rental of real estate. A comparative market analysis shall not be considered an appraisal within the meaning of the Real Estate Appraiser Licensing Act of 2002, any amendment to that Act, or any successor Act. "Compensation" means the valuable consideration given by one person or entity to another person or entity in exchange for the performance of some activity or service. Compensation shall include the transfer of valuable consideration, including without limitation the following: (1) commissions; (2) referral fees; (3) bonuses; (4) prizes; (5) merchandise; (6) finder fees; (7) performance of services; (8) coupons or gift certificates; (9) discounts; (10) rebates; (11) a chance to win a raffle, drawing, lottery, or | ||
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(12) retainer fee; or (13) salary. "Confidential information" means information obtained by a licensee from a client during the term of a brokerage agreement that (i) was made confidential by the written request or written instruction of the client, (ii) deals with the negotiating position of the client, or (iii) is information the disclosure of which could materially harm the negotiating position of the client, unless at any time: (1) the client permits the disclosure of information | ||
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(2) the disclosure is required by law; or (3) the information becomes public from a source | ||
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"Confidential information" shall not be considered to include material information about the physical condition of the property. "Consumer" means a person or entity seeking or receiving licensed activities. "Coordinator" means the Coordinator of Real Estate created in Section 25-15 of this Act. "Credit hour" means 50 minutes of instruction in course work that meets the requirements set forth in rules adopted by the Department. "Customer" means a consumer who is not being represented by the licensee. "Department" means the Department of Financial and Professional Regulation. "Designated agency" means a contractual relationship between a sponsoring broker and a client under Section 15-50 of this Act in which one or more licensees associated with or employed by the broker are designated as agent of the client. "Designated agent" means a sponsored licensee named by a sponsoring broker as the legal agent of a client, as provided for in Section 15-50 of this Act. "Designated managing broker" means a managing broker who has supervisory responsibilities for licensees in one or, in the case of a multi-office company, more than one office and who has been appointed as such by the sponsoring broker registered with the Department. "Director" means the Director of Real Estate within the Department of Financial and Professional Regulation. "Dual agency" means an agency relationship in which a licensee is representing both buyer and seller or both landlord and tenant in the same transaction. When the agency relationship is a designated agency, the question of whether there is a dual agency shall be determined by the agency relationships of the designated agent of the parties and not of the sponsoring broker. "Education provider" means a school licensed by the Department offering courses in pre-license, post-license, or continuing education required by this Act. "Employee" or other derivative of the word "employee", when used to refer to, describe, or delineate the relationship between a sponsoring broker and a managing broker, broker, or a residential leasing agent, shall be construed to include an independent contractor relationship, provided that a written agreement exists that clearly establishes and states the relationship. "Escrow moneys" means all moneys, promissory notes, or any other type or manner of legal tender or financial consideration deposited with any person for the benefit of the parties to the transaction. A transaction exists once an agreement has been reached and an accepted real estate contract signed or lease agreed to by the parties. "Escrow moneys" includes, without limitation, earnest moneys and security deposits, except those security deposits in which the person holding the security deposit is also the sole owner of the property being leased and for which the security deposit is being held. "Electronic means of proctoring" means a methodology providing assurance that the person taking a test and completing the answers to questions is the person seeking licensure or credit for continuing education and is doing so without the aid of a third party or other device. "Exclusive brokerage agreement" means a written brokerage agreement that provides that the sponsoring broker has the sole right, through one or more sponsored licensees, to act as the exclusive agent or representative of the client and that meets the requirements of Section 15-75 of this Act. "Inactive" means a status of licensure where the licensee holds a current license under this Act, but the licensee is prohibited from engaging in licensed activities because the licensee is unsponsored or the license of the sponsoring broker with whom the licensee is associated or by whom the licensee is employed is currently expired, revoked, suspended, or otherwise rendered invalid under this Act. The license of any business entity that is not in good standing with the Illinois Secretary of State, or is not authorized to conduct business in Illinois, shall immediately become inactive and that entity shall be prohibited from engaging in any licensed activities. "Leads" means the name or names of a potential buyer, seller, lessor, lessee, or client of a licensee. "License" means the privilege conferred by the Department to a person that has fulfilled all requirements prerequisite to any type of licensure under this Act. "Licensed activities" means those activities listed in the definition of "broker" under this Section. "Licensee" means any person licensed under this Act. "Listing presentation" means any communication, written or oral and by any means or media, between a managing broker or broker and a consumer in which the licensee is attempting to secure a brokerage agreement with the consumer to market the consumer's real estate for sale or lease. "Managing broker" means a licensee who may be authorized to assume responsibilities as a designated managing broker for licensees in one or, in the case of a multi-office company, more than one office, upon appointment by the sponsoring broker and registration with the Department. A managing broker may act as one's own sponsor. "Medium of advertising" means any method of communication intended to influence the general public to use or purchase a particular good or service or real estate, including, but not limited to, print, electronic, social media, and digital forums. "Non-exclusive brokerage agreement" means a written brokerage agreement that provides that the sponsoring broker has the non-exclusive right, through one or more sponsored licensees, to act as an agent or representative of the client for the performance of licensed activities and meets the requirements of Section 15-50 of this Act. "Office" means a broker's place of business where the general public is invited to transact business and where records may be maintained and licenses readily available, whether or not it is the broker's principal place of business. "Person" means and includes individuals, entities, corporations, limited liability companies, registered limited liability partnerships, foreign and domestic partnerships, and other business entities, except that when the context otherwise requires, the term may refer to a single individual or other described entity. "Proctor" means any person, including, but not limited to, an instructor, who has a written agreement to administer examinations fairly and impartially with a licensed education provider. "Real estate" means and includes leaseholds as well as any other interest or estate in land, whether corporeal, incorporeal, freehold, or non-freehold and whether the real estate is situated in this State or elsewhere. "Real estate" does not include property sold, exchanged, or leased as a timeshare or similar vacation item or interest, vacation club membership, or other activity formerly regulated under the Real Estate Timeshare Act of 1999 (repealed). "Regular employee" means a person working an average of 20 hours per week for a person or entity who would be considered as an employee under the Internal Revenue Service rules for classifying workers. "Renewal period" means the period beginning 90 days prior to the expiration date of a license. "Residential leasing agent" means a person who is employed by a broker to engage in licensed activities limited to leasing residential real estate who has obtained a license as provided for in Section 5-5 of this Act. "Secretary" means the Secretary of the Department of Financial and Professional Regulation, or a person authorized by the Secretary to act in the Secretary's stead. "Sponsoring broker" means the broker who certifies to the Department the broker's sponsorship of a licensed managing broker, broker, or a residential leasing agent. "Sponsorship" means that a sponsoring broker has certified to the Department that a managing broker, broker, or residential leasing agent is employed by or associated by written agreement with the sponsoring broker and the Department has registered the sponsorship, as provided for in Section 5-40 of this Act. "Team" means any 2 or more licensees who work together to provide real estate brokerage services, represent themselves to the public as being part of a team or group, are identified by a team name that is different than their sponsoring broker's name, and together are supervised by the same managing broker and sponsored by the same sponsoring broker. "Team" does not mean a separately organized, incorporated, or legal entity. (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24; 103-1039, eff. 1-1-25.) |
(225 ILCS 454/Art. 5 heading) ARTICLE 5.
LICENSING AND EDUCATION
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(225 ILCS 454/5-5)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-5. Residential leasing agent license.
(a) The purpose of this Section is to provide for a limited scope license to
enable persons who
wish to engage in activities limited to the leasing of residential real
property for which a license is
required under this Act, and only those activities, to do so by obtaining a
license
under this Section.
(b) Notwithstanding the other provisions of this Act, there is hereby
created a residential leasing agent
license that shall enable the licensee to engage only in residential leasing
activities for which a
license is required under this Act. Such activities include leasing or renting
residential real property, or attempting, offering, or negotiating to lease or
rent residential real property, or
supervising the collection, offer, attempt, or agreement to collect rent for
the use of
residential real
property. Nothing in this
Section shall be construed to require a licensed managing broker or
broker to obtain a residential leasing
agent license in order to perform leasing activities for which a license is
required under this Act. Licensed residential leasing agents, including those operating under subsection (d), may engage in activities enumerated within the definition of "residential leasing agent" in Section 1-10 of this Act and may not engage in any activity that would otherwise require a broker's license, including, but not limited to, selling, offering for sale, negotiating for sale, listing or showing for sale, or referring for sale or commercial lease real estate.
Licensed residential leasing agents must be sponsored and employed by a sponsoring broker.
(c) The Department, by rule and in accordance with this Act, shall provide for the
licensing of residential leasing
agents, including the issuance, renewal, and administration of licenses.
(d) Notwithstanding any other provisions of this Act to the contrary, a
person may engage in
residential leasing activities for which a license is required under this Act,
for a period of 120
consecutive days without being licensed, so long as the person is acting under
the supervision of a
sponsoring broker, the sponsoring broker has notified the Department that the person is
pursuing licensure
under this Section, and the person has enrolled in the residential leasing agent pre-license education course no later than 60 days after beginning to engage in residential leasing activities. During the 120-day period all requirements of Sections
5-10
and 5-65 of this Act
with respect to education, successful completion of an examination, and the
payment of all required
fees must be satisfied. The Department may adopt rules to ensure that the provisions of
this subsection are
not used in a manner that enables an unlicensed person to repeatedly or
continually engage in
activities for which a license is required under this Act.
(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
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(225 ILCS 454/5-6) (Section scheduled to be repealed on January 1, 2030) Sec. 5-6. Social Security Number or Individual Taxpayer Identification Number on license application. In addition to any other information required to be contained in the application, every application for an original license under this Act shall include the applicant's Social Security Number or Tax Identification Number, which shall be retained in the agency's records pertaining to the license. An applicant may provide an Individual Taxpayer Identification Number as an alternative to providing a Social Security Number when applying for a license. As soon as practical, the Department shall assign a separate and distinct identification number to each applicant for a license. Every application for a renewal or restored license shall require the applicant's identification number. (Source: P.A. 103-236, eff. 1-1-24.) |
(225 ILCS 454/5-7) (Section scheduled to be repealed on January 1, 2030)
Sec. 5-7. Application for residential leasing agent license. Every person who desires to obtain a residential leasing agent license shall apply to the Department in a manner prescribed by the Department which application shall be accompanied by the required non-refundable fee. Any such application shall require such information as in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for licensure.
(Source: P.A. 101-357, eff. 8-9-19.) |
(225 ILCS 454/5-10)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-10. Requirements for license as a residential leasing agent; continuing education. (a) Every applicant for licensure as a residential leasing agent must meet the following qualifications: (1) be at least 18 years of age; (2) be of good moral
character; (3) successfully complete a 4-year course of study | ||
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(4) personally take and pass a written examination | ||
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(5) provide satisfactory evidence of having completed | ||
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(6) complete any other requirements as set forth by | ||
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(7) present a valid application for issuance of an | ||
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(b) No applicant shall engage in any of the activities covered by this Act without a valid license and until a valid sponsorship has been registered with the Department. (c) The Board may
recommend to the Department and the Department may adopt requirements for approved courses, course
content, and the
approval of courses, instructors, and education providers, as well as education provider and instructor
fees. The Department may
establish continuing education requirements for residential licensed leasing agents, by
rule, consistent with the language and intent of this Act, with the advice of
the Board.
(d) The continuing education requirement for residential leasing agents shall consist of a single core curriculum to be prescribed by the Department as recommended by the Board. Leasing agents shall be required to complete no less than 8 hours of continuing education in the core curriculum during the current term of the license. The curriculum shall, at a minimum, consist of a single course or courses on the subjects of fair housing and human rights issues related to residential leasing, advertising and marketing issues, leases, applications, credit reports, and criminal history, the handling of funds, owner-tenant relationships and owner-tenant laws, and environmental issues relating to residential real estate. (Source: P.A. 102-970, eff. 5-27-22; 102-1100, eff. 1-1-23; 103-154, eff. 6-30-23; 103-236, eff. 1-1-24.) |
(225 ILCS 454/5-15)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-15. Necessity of managing broker, broker, or residential leasing agent license; ownership
restrictions. (a) It is unlawful for any person, as defined in Section 1-10, to act as
a managing broker, broker, or residential leasing agent or to advertise
or assume to act as such
managing broker, broker or residential leasing agent without a license issued in accordance with
this Act and a valid sponsorship registered with the Department, either directly or through its authorized designee.
(b) No corporation shall be granted a license or engage in the business or
capacity, either
directly or indirectly, of a broker, unless every officer of the
corporation who actively
participates in the real estate activities of the corporation holds a license
as a managing broker or broker
and unless every employee who acts as a managing broker, broker, or residential leasing agent for the
corporation holds a
license as a managing broker, broker, or residential leasing agent. All nonparticipating owners or officers shall submit affidavits of nonparticipation as required by the Department. No corporation shall be granted a license if any nonparticipating owner or officer has previously been publicly disciplined by the Department resulting in that licensee being currently barred from real estate practice because of a suspension or revocation.
(c) No partnership shall be granted a license or engage in the business or
serve in the capacity,
either directly or indirectly, of a broker, unless every
partner in the partnership who actively participates in the real estate activities of the partnership
holds a license as a managing broker or broker and unless every employee who acts as a
managing broker, broker, or residential
leasing agent for the partnership holds a license as a managing broker, broker,
or residential leasing
agent. All nonparticipating partners shall submit affidavits of nonparticipation as required by the Department. In the case of a registered limited liability partnership (LLP), every
partner in the LLP that actively participates in the real estate activities of the limited liability partnership
must hold a license as a managing broker or broker and every employee who acts as a
managing broker, broker, or residential leasing
agent must hold a license as a managing broker, broker, or residential leasing
agent. All nonparticipating limited liability partners shall submit affidavits of nonparticipation as required by the Department. No partnership shall be granted a license if any nonparticipating partner has previously been publicly disciplined by the Department resulting in that licensee being currently barred from real estate practice because of a suspension or revocation.
(d) No limited liability company shall be granted a license or engage in the
business or serve in
the capacity, either directly or indirectly, of a broker unless
every member or manager in
the limited liability company that actively participates in the real estate activities of the limited liability company holds a license as a managing broker or broker and
unless every other member and employee who
acts as a managing broker, broker, or residential leasing agent for the limited liability company holds
a license as a managing broker, broker, or residential leasing agent. All nonparticipating members or managers shall submit affidavits of nonparticipation as required by the Department. No limited liability company shall be granted a license if any nonparticipating member or manager has previously been publicly disciplined by the Department resulting in that licensee being currently barred from real estate practice because of a suspension or revocation.
(e) (Blank).
(f) No person, partnership, or business entity shall be granted a license if any owner, officer, director, partner, limited liability partner, member, or manager has been denied a real estate license by the Department in the previous 5 years or is otherwise currently barred from real estate practice because of a suspension or revocation. (Source: P.A. 100-831, eff. 1-1-19; 101-357, eff. 8-9-19.)
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(225 ILCS 454/5-20) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 5-20. Exemptions from managing broker, broker, or residential leasing agent license
requirement; Department exemption from education provider and related licenses. The requirement for holding a license under this Article 5 shall
not apply to: (1) Any person, as defined in Section 1-10, that as | ||
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(2) An attorney in fact acting under a duly executed | ||
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(3) Any person acting as receiver, trustee in | ||
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(4) Any person acting as a resident manager for the | ||
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(5) Any officer or employee of a federal agency in | ||
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(6) Any officer or employee of the State government | ||
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(7) Any multiple listing service or other similar | ||
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(8) Railroads and other public utilities regulated by | ||
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(9) Any medium of advertising in the routine course | ||
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(10) Any resident lessee of a residential dwelling | ||
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(11) The purchase, sale, or transfer of a timeshare | ||
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(12) (Blank). (13) Any person who is licensed without examination | ||
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(A) that person has made application for said | ||
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(B) that person verifies to the Department that | ||
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(C) the person has had no lapse in the licensure | ||
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(D) the license issued under the Auction License | ||
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(14) A person who holds a valid license under the | ||
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(15) A hotel operator who is registered with the | ||
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(16) Notwithstanding any provisions to the | ||
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(Source: P.A. 103-236, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 5-20. Exemptions from managing broker, broker, or residential leasing agent license requirement; Department exemption from education provider and related licenses. The requirement for holding a license under this Article 5 shall not apply to: (1) Any person, as defined in Section 1-10, who: (A) | ||
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(2) An attorney in fact acting under a duly executed | ||
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(3) Any person acting as receiver, trustee in | ||
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(4) Any person acting as a resident manager for the | ||
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(5) Any officer or employee of a federal agency in | ||
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(6) Any officer or employee of the State government | ||
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(7) Any multiple listing service or other similar | ||
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(8) Railroads and other public utilities regulated by | ||
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(9) Any medium of advertising in the routine course | ||
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(10) Any resident lessee of a residential dwelling | ||
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(11) The purchase, sale, or transfer of a timeshare | ||
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(12) (Blank). (13) Any person who is licensed without examination | ||
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(A) that person has made application for said | ||
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(B) that person verifies to the Department that | ||
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(C) the person has had no lapse in the licensure | ||
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(D) the license issued under the Auction License | ||
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(14) A person who holds a valid license under the | ||
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(15) A hotel operator who is registered with the | ||
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(16) Notwithstanding any provisions to the contrary, | ||
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(Source: P.A. 103-236, eff. 1-1-24; 103-1039, eff. 1-1-25.) |
(225 ILCS 454/5-25) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 5-25. Good moral character. (a) When an applicant has had a license revoked on a prior occasion
or when an
applicant is found to have committed any of the practices enumerated in Section
20-20 of this Act or when an
applicant has been convicted of or enters a plea of guilty or nolo contendere to forgery, embezzlement, obtaining money under
false pretenses,
larceny, extortion, conspiracy to defraud, or any other similar offense or
offenses or has been
convicted of a felony involving moral turpitude in any court of competent
jurisdiction in this or any
other state, district, or territory of the United States or of a foreign
country, the Board may consider
the prior revocation, conduct, or conviction in its determination of the
applicant's moral character
and whether to grant the applicant a license. (b) In its consideration of the prior revocation, conduct, or conviction, the Board shall take into account the nature of the conduct, any aggravating or extenuating circumstances, the time elapsed since the revocation, conduct, or conviction, the rehabilitation or restitution performed by the applicant, mitigating factors, and any other factors that the Board deems relevant, including, but not limited to: (1) the lack of direct relation of the offense for | ||
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(2) unless otherwise specified, whether 5 years | ||
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(3) if the applicant was previously licensed or | ||
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(4) the age of the person at the time of the | ||
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(5) if, due to the applicant's criminal conviction | ||
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(6) successful completion of sentence and, for | ||
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(7) evidence of the applicant's present fitness and | ||
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(8) evidence of rehabilitation or rehabilitative | ||
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(9) any other mitigating factors that contribute to | ||
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(c) The Department shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for licensure or registration: (1) juvenile adjudications of delinquent minors as | ||
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(2) law enforcement records, court records, and | ||
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(3) records of arrests not followed by a charge or | ||
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(4) records of arrests where the charges were | ||
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(5) convictions overturned by a higher court; or (6) convictions or arrests that have been sealed or | ||
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(d) If an applicant makes a false statement of material fact on the application, the false statement may in itself be sufficient grounds to revoke or refuse to issue a license. (e) A licensee shall report to the Department, in a manner prescribed by the Department and within 30 days after the occurrence of: (1) any conviction of or plea of guilty, or nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any similar offense or offenses or any conviction of a felony involving moral turpitude; (2) the entry of an administrative sanction by a government agency in this State or any other jurisdiction that has as an essential element dishonesty or fraud or involves larceny, embezzlement, or obtaining money, property, or credit by false pretenses; or (3) any crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act. (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 5-25. Good moral character. (a) When an applicant has had a license revoked on a prior occasion or when an applicant is found to have committed any of the practices enumerated in Section 20-20 of this Act or when an applicant has been convicted of or enters a plea of guilty or nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any other similar offense or offenses or has been convicted of a felony involving moral turpitude in any court of competent jurisdiction in this or any other state, district, or territory of the United States or of a foreign country, the Department may consider the prior revocation, conduct, or conviction in its determination of the applicant's moral character and whether to grant the applicant a license. (b) In its consideration of the prior revocation, conduct, or conviction, the Department shall take into account the nature of the conduct, any aggravating or extenuating circumstances, the time elapsed since the revocation, conduct, or conviction, the rehabilitation or restitution performed by the applicant, mitigating factors, and any other factors that the Department deems relevant, including, but not limited to: (1) the lack of direct relation of the offense for | ||
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(2) unless otherwise specified, whether 5 years since | ||
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(3) if the applicant was previously licensed or | ||
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(4) the age of the person at the time of the criminal | ||
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(5) if, due to the applicant's criminal conviction | ||
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(6) successful completion of sentence and, for | ||
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(7) evidence of the applicant's present fitness and | ||
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(8) evidence of rehabilitation or rehabilitative | ||
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(9) any other mitigating factors that contribute to | ||
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(c) The Department shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for licensure or registration: (1) juvenile adjudications of delinquent minors as | ||
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(2) law enforcement records, court records, and | ||
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(3) records of arrests not followed by a charge or | ||
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(4) records of arrests where the charges were | ||
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(5) convictions overturned by a higher court; or (6) convictions or arrests that have been sealed or | ||
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(d) If an applicant makes a false statement of material fact on the application, the false statement may in itself be sufficient grounds to revoke or refuse to issue a license. (e) A licensee shall report to the Department, in a manner prescribed by the Department and within 30 days after the occurrence of: (1) any conviction of or plea of guilty, or nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any similar offense or offenses or any conviction of a felony involving moral turpitude; (2) the entry of an administrative sanction by a government agency in this State or any other jurisdiction that has as an essential element of dishonesty or fraud or involves larceny, embezzlement, or obtaining money, property, or credit by false pretenses; or (3) any conviction of or plea of guilty or nolo contendere to a crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act. (Source: P.A. 102-970, eff. 5-27-22; 103-1039, eff. 1-1-25.) |
(225 ILCS 454/5-26)
Sec. 5-26. (Repealed).
(Source: P.A. 99-227, eff. 8-3-15. Repealed by P.A. 100-188, eff. 1-1-18.) |
(225 ILCS 454/5-27) (Section scheduled to be repealed on January 1, 2030) Sec. 5-27. Requirements for licensure as a broker. (a) Every applicant for licensure as a broker must meet the following qualifications: (1) Be at least 18 years of age; (2) Be of good moral character; (3) Successfully complete a 4-year course of study in | ||
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(4) (Blank); (5) Provide satisfactory evidence of having completed | ||
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(6) Personally take and pass a written examination | ||
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(7) Present a valid application for issuance of a | ||
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(b) The requirements specified in items (3) and (5) of subsection (a) of this Section do not apply to applicants who are currently admitted to practice law by the Supreme Court of Illinois and are currently in active standing. (c) No applicant shall engage in any of the activities covered by this Act until a valid sponsorship has been registered with the Department. (d) All licenses should be readily available to the public at the licensee's place of business.
(e) An individual holding an active license as a managing broker may, upon written request to the Department, permanently and irrevocably place his or her managing broker license on inactive status and shall be issued a broker's license in exchange. Any individual obtaining a broker's license under this subsection (e) shall be considered as having obtained a broker's license by education and passing the required test and shall be treated as such in determining compliance with this Act. (Source: P.A. 101-357, eff. 8-9-19; 102-1100, eff. 1-1-23.) |
(225 ILCS 454/5-28) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 5-28. Requirements for licensure as a managing broker. (a) Every applicant for licensure as a managing broker must meet the following qualifications: (1) be at least 20 years of age; (2) be of good moral character; (3) have been licensed at least 2 consecutive years | ||
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(4) successfully complete a 4-year course of study in | ||
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(5) provide satisfactory evidence of having completed | ||
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(6) personally take and pass a written examination | ||
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(7) submit a valid application for issuance of a | ||
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(b) The requirements specified in item (5) of subsection (a) of this Section do not apply to applicants who are currently admitted to practice law by the Supreme Court of Illinois and are currently in active standing. (Source: P.A. 101-357, eff. 8-9-19; 102-1100, eff. 1-1-23.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 5-28. Requirements for licensure as a managing broker. (a) Every applicant for licensure as a managing broker must meet the following qualifications: (1) be at least 20 years of age; (2) be of good moral character; (3) have been licensed at least 2 consecutive years | ||
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(4) successfully complete a 4-year course of study in | ||
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(5) provide satisfactory evidence of having completed | ||
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(6) personally take and pass a written examination on | ||
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(7) submit a valid application for issuance of a | ||
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(b) The requirements specified in item (5) of subsection (a) of this Section do not apply to applicants who are currently admitted to practice law by the Supreme Court of Illinois and are currently in active standing. (Source: P.A. 102-1100, eff. 1-1-23; 103-1039, eff. 1-1-25.) |
(225 ILCS 454/5-29) (Section scheduled to be repealed on January 1, 2030) Sec. 5-29. Temporary practice as a designated managing broker. Upon the loss of a designated managing broker who is not replaced by the sponsoring broker or in the event of the death or disability of a self-sponsored managing broker, a written request for authorization allowing the continued operation of the office may be submitted to the Department within 15 days of the loss. The Department may issue a written authorization allowing the continued operation, provided that a licensed managing broker or, in the case of the death or disability of a self-sponsored managing broker, the representative of the estate, assumes responsibility, in writing, for the operation of the office and agrees to personally supervise the operation of the office. No such written authorization shall be valid for more than 60 days unless extended by the Department for good cause shown and upon written request by the broker or representative.
(Source: P.A. 103-236, eff. 1-1-24.) |
(225 ILCS 454/5-30)
Sec. 5-30. (Repealed).
(Source: P.A. 93-957, eff. 8-19-04. Repealed by P.A. 96-856, eff. 12-31-09.)
|
(225 ILCS 454/5-32) (Section scheduled to be repealed on January 1, 2030) Sec. 5-32. Real estate auction certification. (a) An auctioneer licensed under the Auction License Act who does not possess a valid and active broker's or managing broker's license under this Act, or who is not otherwise exempt from licensure, may not engage in the practice of auctioning real estate, except as provided in this Section. (b) The Department shall issue a real estate auction certification to applicants who: (1) possess a valid auctioneer's license under the | ||
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(2) successfully complete a real estate auction | ||
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(3) provide documentation of the completion of the | ||
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(4) successfully complete any other reasonable | ||
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(c) The auctioneer's role shall be limited to establishing the time, place, and method of the real estate auction, placing advertisements regarding the auction, and crying or calling the auction; any other real estate brokerage activities must be performed by a person holding a valid and active broker's or managing broker's license under the provisions of this Act or by a person who is exempt from holding a license under paragraph (13) of Section 5-20 who has a certificate under this Section. (d) An auctioneer who conducts any real estate auction activities in violation of this Section is guilty of unlicensed practice under Section 20-10 of this Act. (e) The Department may revoke, suspend, or otherwise discipline the real estate auction certification of an auctioneer who is adjudicated to be in violation of the provisions of this Section or Section 20-15 of the Auction License Act. (f) Advertising for the real estate auction must contain the name and address of the licensed broker, managing broker, or a licensed auctioneer under paragraph (13) of Section 5-20 of this Act who is providing brokerage services for the transaction. (g) The requirement to hold a real estate auction certification shall not apply to a person exempt from this Act under the provisions of paragraph (13) of Section 5-20 of this Act, unless that person is performing licensed activities in a transaction in which a licensed auctioneer with a real estate certification is providing the limited services provided for in subsection (c) of this Section. (h) Nothing in this Section shall require a person licensed under this Act as a broker or managing broker to obtain a real estate auction certification in order to auction real estate. (i) The Department may adopt rules to implement this Section.
(Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14; 99-227, eff. 8-3-15.) |
(225 ILCS 454/5-35) (Section scheduled to be repealed on January 1, 2030) Sec. 5-35. Examination; managing broker, broker, or residential leasing agent. (a) The Department shall authorize examinations at such times and places as it may designate. The examination shall be of a character to give a fair test of the qualifications of the applicant to practice as a managing broker, broker, or residential leasing agent. Applicants for examination as a managing broker, broker, or residential leasing agent shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or its designated testing service, shall result in the forfeiture of the examination fee. An applicant shall be eligible to take the examination only after successfully completing the education requirements and attaining the minimum age provided for in Article 5 of this Act. Approved pre-license education, as prescribed by this Act for licensure as a managing broker, broker, or residential leasing agent, shall be valid for 2 years after the date of satisfactory completion of all required pre-license education. (b) If a person who has received a passing score on the written examination described in this Section fails to submit an application and meet all requirements for a license under this Act within one year after receiving a passing score on the examination, credit for the examination shall terminate. The person thereafter may make a new application for examination. (c) If an applicant has failed an examination 4 consecutive times, the applicant must repeat the pre-license education required to sit for that examination. For the purposes of this Section, the fifth attempt shall be the same as the first, and the applicant must complete a new application for examination. (d) The Department may employ consultants for the purposes of preparing and conducting examinations. (e) Each applicant shall establish the applicant's compliance with the eligibility requirements in the manner provided by the rules adopted for the administration of this Act. (Source: P.A. 103-1039, eff. 1-1-25.) |
(225 ILCS 454/5-40)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-40. Sponsorship; establishing and terminating sponsorship. (a) The sponsoring broker shall notify the Department, in a manner prescribed by the Department, of each licensee employed by or associated with the sponsoring broker within 24 hours after establishing a sponsorship.
(b) When a licensee terminates his or her employment or association with a
sponsoring broker
or the employment is terminated by the sponsoring broker, the person or entity initiating the termination shall notify the Department, in a manner prescribed by the Department, of the termination within 24 hours. Failure to timely notify the Department of the termination shall subject the person or entity initiating the termination to discipline under Section 20-20 of this Act.
The
license of any licensee
whose association with a sponsoring broker is terminated shall automatically
become inactive
immediately upon the termination, and the licensee shall not be authorized to practice until a new valid sponsorship is registered with the Department.
(Source: P.A. 101-357, eff. 8-9-19.)
|
(225 ILCS 454/5-41) (Section scheduled to be repealed on January 1, 2030)
Sec. 5-41. Licensee contact information. An applicant or licensee shall inform the Department of any change of address, email address, telephone number, or office location within 24 hours after any such change. A licensee shall notify the Department of any such change either through the Department's website or by other means prescribed by the Department.
(Source: P.A. 101-357, eff. 8-9-19.) |
(225 ILCS 454/5-45) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 5-45. Offices. (a) If a sponsoring broker maintains more than one office within the State,
the sponsoring
broker shall notify the Department in a manner prescribed by the Department for each office other than the
sponsoring broker's
principal place of business. The brokerage license shall be displayed
conspicuously in each
office. The name of each branch office shall be the same as that of the
sponsoring broker's
principal office or shall clearly delineate the office's relationship
with the principal office. (b) The sponsoring broker shall name a designated managing broker for each
office and the
sponsoring broker shall be responsible for supervising all designated managing brokers.
The sponsoring
broker shall notify the Department in a manner prescribed by the Department of the name of all designated managing brokers of the
sponsoring broker and the office or offices they manage.
Any changes in designated managing brokers shall be reported to the Department in a manner prescribed by the Department within 15
days of the
change. Failure to do so shall subject the sponsoring broker to discipline
under
Section 20-20 of this Act. (c) The sponsoring broker shall, within 24 hours, notify the Department in a manner prescribed by the Department of any
opening, closing, or
change in location of any office. (d) Except as provided in this Section, each sponsoring broker shall
maintain an office,
or place of business within this State for the transaction of real estate
business, shall conspicuously
display an identification sign on the outside of the physical office of adequate
size and visibility. Any record required by this Act to be created or maintained shall be, in the case of a physical record, securely stored and accessible for inspection by the Department at the sponsoring broker's principal office and, in the case of an electronic record, securely stored in the format in which it was originally generated, sent, or received and accessible for inspection by the Department by secure electronic access to the record. Any record relating to a transaction of a special account shall be maintained for a minimum of 5 years, and any electronic record shall be backed up at least monthly. The office or place of business shall not be located in any
retail or financial business
establishment unless it is clearly separated from the other business and is situated within a
distinct area within
the establishment. (e) A broker who is licensed in this State by examination or
pursuant to the
provisions of Section 5-60 of this Act shall not be required to maintain a
definite office or place of
business in this State provided all of the following conditions are met: (1) the broker maintains an active broker's license | ||
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(2) the broker maintains an office in the broker's | ||
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(3) the broker has filed with the Department written | ||
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The statements under subdivision (3) of this Section shall be in form and
substance the same as those
statements required
under Section 5-60 of this Act and shall operate to the same extent. (f) The Department may adopt rules to regulate the operation of virtual offices that do not have a fixed location. (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 5-45. Offices. (a) If a sponsoring broker maintains more than one office within the State, the sponsoring broker shall notify the Department in a manner prescribed by the Department for each office other than the sponsoring broker's principal place of business. The brokerage license shall be displayed conspicuously in each office. The name of each branch office shall be the same as that of the sponsoring broker's principal office or shall clearly delineate the office's relationship with the principal office. (b) The sponsoring broker shall name a designated managing broker for each office and the sponsoring broker shall be responsible for supervising all designated managing brokers. The sponsoring broker shall notify the Department in a manner prescribed by the Department of the name of all designated managing brokers of the sponsoring broker and the office or offices they manage. Any changes in designated managing brokers shall be reported to the Department in a manner prescribed by the Department within 15 days of the change. Failure to do so shall subject the sponsoring broker to discipline under Section 20-20 of this Act. (c) The sponsoring broker shall, within 24 hours, notify the Department in a manner prescribed by the Department of any opening, closing, or change in location of any office. (d) Except as provided in this Section, each sponsoring broker shall maintain an office, or place of business within this State for the transaction of real estate business, shall conspicuously display an identification sign on the outside of the physical office of adequate size and visibility. Any record required by this Act to be created or maintained shall be, in the case of a physical record, securely stored and accessible for inspection by the Department at the sponsoring broker's principal office and, in the case of an electronic record, securely stored in the format in which it was originally generated, sent, or received and accessible for inspection by the Department by secure electronic access to the record. Any record relating to a transaction of a special account shall be maintained for a minimum of 5 years, and any electronic record shall be backed up at least monthly. The physical office or place of business shall not be located in any retail or financial business establishment unless it is clearly separated from the other business and is situated within a distinct area within the establishment. (e) A nonresident broker who is licensed in this State by examination or pursuant to the provisions of Section 5-60 or 5-60.5 of this Act shall not be required to maintain a definite office or place of business in this State so long as the broker: (1) maintains an active broker's license in the | ||
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(2) maintains an office in the broker's other state | ||
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(3) files with the Department written statements | ||
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The statements under subdivision (3) of this Section shall be in form and substance the same as those statements required under Section 5-60 of this Act and shall operate to the same extent. (f) The Department may adopt rules to regulate the operation of virtual offices that do not have a fixed location. A broker who qualifies under subsection (e) of this Section may also operate a virtual office in the State subject to all requirements of this Act and the rules adopted under this Act. (Source: P.A. 102-970, eff. 5-27-22; 103-1039, eff. 1-1-25.) |
(225 ILCS 454/5-46)
Sec. 5-46. (Repealed).
(Source: P.A. 97-333, eff. 8-12-11. Repealed by P.A. 99-227, eff. 8-3-15.)
|
(225 ILCS 454/5-47)
Sec. 5-47. (Repealed).
(Source: P.A. 96-856, eff. 12-31-09. Repealed by P.A. 99-227, eff. 8-3-15.)
|
(225 ILCS 454/5-50)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-50. Expiration and renewal of managing broker, broker, or residential
leasing agent license; sponsoring broker;
register of licensees. (a) The expiration date and renewal period for each license issued under
this Act shall be set by
rule. Except as otherwise provided in this Section, the holder of
a
license may renew
the license within 90 days preceding the expiration date thereof by completing the continuing education required by this Act and paying the
fees specified by
rule.
(b) An individual whose first license is that of a broker received on or after the effective date of this amendatory Act of the 101st General Assembly, must provide evidence of having completed 45 hours of post-license education presented in a classroom or a live, interactive webinar, or online distance education course, and which shall require passage of a final examination.
The Board may recommend, and the Department shall approve, 45 hours of post-license education, consisting of three 15-hour post-license courses, one each that covers applied brokerage principles, risk management/discipline, and transactional issues. Each of the courses shall require its own 50-question final examination, which shall be administered by the education provider that delivers the course. Individuals whose first license is that of a broker received on or after the effective date of this amendatory Act of the 101st General Assembly, must complete all three 15-hour courses and successfully pass a course final examination for each course prior to the date of the next broker renewal deadline, except for those individuals who receive their first license within the 180 days preceding the next broker renewal deadline, who must complete all three 15-hour courses and successfully pass a course final examination for each course prior to the second broker renewal deadline that follows the receipt of their license. (c) Any managing broker, broker, or residential leasing agent whose license under this Act has expired shall be eligible to renew the license during the 2-year period following the expiration date, provided the managing broker, broker, or residential leasing agent pays the fees as prescribed by rule and completes continuing education and other requirements provided for by the Act or by rule. A managing broker, broker, or residential leasing agent whose license has been expired for more than 2 years but less than 5 years may have it restored by (i) applying to the Department, (ii) paying the required fee, (iii) completing the continuing education requirements for the most recent term of licensure that ended prior to the date of the application for reinstatement, and (iv) filing acceptable proof of fitness to have the license restored, as set by rule. A managing broker, broker, or residential leasing agent whose license has been expired for more than 5 years shall be required to meet the requirements for a new license.
(d) Notwithstanding any other provisions of this Act to the contrary, any managing broker, broker, or residential leasing agent whose license expired while the licensee was (i) on active duty with the Armed Forces of the United States or called into service or training by the state militia, (ii) engaged in training or education under the supervision of the United States preliminary to induction into military service, or (iii) serving as the Coordinator of Real Estate in the State of Illinois or as an employee of the Department may have the license renewed, reinstated or restored without paying any lapsed renewal fees, and without completing the continuing education requirements for that licensure period if within 2 years after the termination of the service, training or education the licensee furnishes the Department with satisfactory evidence of service, training, or education and termination under honorable conditions. (e) Each licensee shall carry on one's person the license or an electronic version thereof. (f) The Department shall provide to the sponsoring broker a notice of renewal for all sponsored licensees by mailing the notice to the sponsoring broker's address of record, or, at the Department's discretion, emailing the notice to the sponsoring broker's email address of record. (g) Upon request from the sponsoring broker, the Department shall make available to the sponsoring broker, by electronic means at the discretion of the Department, a listing of licensees under this Act who, according to the records of the Department, are sponsored by that broker. Every licensee associated with or employed by a broker whose license is revoked, suspended, or expired shall be considered inactive until such time as the sponsoring broker's license is reinstated or renewed, or a new valid sponsorship is registered with the Department as set forth in subsection (b) of Section 5-40 of this Act. (h) The Department shall not issue or renew a license if the applicant or licensee has an unpaid fine or fee from a disciplinary matter or from a non-disciplinary action imposed by the Department until the fine or fee is paid to the Department or the applicant or licensee has entered into a payment plan and is current on the required payments. (i) The Department shall not issue or renew a license if the applicant or licensee has an unpaid fine or civil penalty imposed by the Department for unlicensed practice until the fine or civil penalty is paid to the Department or the applicant or licensee has entered into a payment plan and is current on the required payments.(Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
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(225 ILCS 454/5-55)
Sec. 5-55. (Repealed).
(Source: P.A. 91-245, eff. 12-31-99. Repealed by P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/5-60) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2026) Sec. 5-60. Managing broker licensed in another state; broker licensed in another state; reciprocal agreements; agent for service of process. (a) A managing broker's license may be issued by the Department to a managing broker or its equivalent licensed under the laws of another state of the United States, under the following conditions: (1) the managing broker holds a managing broker's | ||
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(2) the standards for that state for licensing as a | ||
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(3) the managing broker has been actively practicing | ||
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(4) the managing broker furnishes the Department with | ||
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(5) the managing broker passes a test on Illinois | ||
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(6) the managing broker was licensed by an | ||
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(b) A broker's license may be issued by the Department to a broker or its equivalent licensed under the laws of another state of the United States, under the following conditions: (1) the broker holds a broker's license in a state | ||
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(2) the standards for that state for licensing as a | ||
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(3) (blank); (4) the broker furnishes the Department with a | ||
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(5) the broker passes a test on Illinois specific | ||
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(6) the broker was licensed by an examination in a | ||
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(c) (Blank). (d) As a condition precedent to the issuance of a license to a managing broker or broker pursuant to this Section, the managing broker or broker shall agree in writing to abide by all the provisions of this Act with respect to real estate activities within the State of Illinois and submit to the jurisdiction of the Department as provided in this Act. The agreement shall be filed with the Department and shall remain in force for so long as the managing broker or broker is licensed by this State and thereafter with respect to acts or omissions committed while licensed as a managing broker or broker in this State. (e) Prior to the issuance of any license to any managing broker or broker pursuant to this Section, verification of active licensure issued for the conduct of such business in any other state must be filed with the Department by the managing broker or broker, and the same fees must be paid as provided in this Act for the obtaining of a managing broker's or broker's license in this State. (f) Licenses previously granted under reciprocal agreements with other states shall remain in force so long as the Department has a reciprocal agreement with the state that includes the requirements of this Section, unless that license is suspended, revoked, or terminated by the Department for any reason provided for suspension, revocation, or termination of a resident licensee's license. Licenses granted under reciprocal agreements may be renewed in the same manner as a resident's license. (g) Prior to the issuance of a license to a nonresident managing broker or broker, the managing broker or broker shall file with the Department, in a manner prescribed by the Department, a designation in writing that appoints the Secretary to act as agent upon whom all judicial and other process or legal notices directed to the managing broker or broker may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of the appointment, certified by the Secretary, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In the written designation, the managing broker or broker shall agree that any lawful process against the licensee that is served upon the agent shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this State. Upon the receipt of any process or notice, the Secretary shall forthwith deliver a copy of the same by regular mail or email to the last known business address or email address of the licensee. (h) Any person holding a valid license under this Section shall be eligible to obtain a managing broker's license or a broker's license without examination should that person change their state of domicile to Illinois and that person otherwise meets the qualifications for licensure under this Act.(Source: P.A. 103-236, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2026) Sec. 5-60. Managing broker licensed in another state; broker licensed in another state; reciprocal agreements; agent for service of process. (a) A managing broker's license may be issued by the Department to a managing broker or its equivalent licensed under the laws of another state of the United States, under the following conditions: (1) the managing broker holds a managing broker's | ||
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(2) the standards for that state for licensing as a | ||
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(3) the managing broker has been actively practicing | ||
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(4) the managing broker furnishes the Department with | ||
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(5) the managing broker passes a test on Illinois | ||
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(6) the managing broker was licensed by an | ||
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(b) A broker's license may be issued by the Department to a broker or its equivalent licensed under the laws of another state of the United States, under the following conditions: (1) the broker holds a broker's license in a state | ||
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(2) the standards for that state for licensing as a | ||
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(3) (blank); (4) the broker furnishes the Department with a | ||
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(5) the broker passes a test on Illinois specific | ||
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(6) the broker was licensed by an examination in a | ||
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(c) (Blank). (d) As a condition precedent to the issuance of a license to a managing broker or broker pursuant to this Section, the managing broker or broker shall agree in writing to abide by all the provisions of this Act with respect to real estate activities within the State of Illinois and submit to the jurisdiction of the Department as provided in this Act. The agreement shall be filed with the Department and shall remain in force for so long as the managing broker or broker is licensed by this State and thereafter with respect to acts or omissions committed while licensed as a managing broker or broker in this State. (e) The same fees must be paid as provided in this Act for the obtaining of a managing broker's or broker's license in this State. (f) Licenses previously granted under reciprocal agreements with other states shall remain in force so long as the Department has a reciprocal agreement with the state that includes the requirements of this Section, unless that license is suspended, revoked, or terminated by the Department for any reason provided for suspension, revocation, or termination of a resident licensee's license. Licenses granted under reciprocal agreements may be renewed in the same manner as a resident's license. (g) Prior to the issuance of a license to a nonresident managing broker or broker, the managing broker or broker shall file with the Department, in a manner prescribed by the Department, a designation in writing that appoints the Secretary to act as agent upon whom all judicial and other process or legal notices directed to the managing broker or broker may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of the appointment, certified by the Secretary, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In the written designation, the managing broker or broker shall agree that any lawful process against the licensee that is served upon the agent shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this State. Upon the receipt of any process or notice, the Secretary shall forthwith deliver a copy of the same by regular mail or email to the last known business address or email address of the licensee. (h) (Blank). (i) This Section is repealed on January 1, 2026.(Source: P.A. 103-236, eff. 1-1-24; 103-1039, eff. 1-1-25.) |
(225 ILCS 454/5-60.1) (This Section may contain text from a Public Act with a delayed effective date) (Section scheduled to be repealed on January 1, 2030) Sec. 5-60.1. Applications for licensure based upon reciprocal agreements. On and after January 1, 2026 (the repeal date of Section 5-60), applications for licensure based upon reciprocal agreements shall not be accepted. Licenses granted under reciprocal agreements prior to January 1, 2026 shall remain in force and may be renewed in the same manner as provided for a broker or managing broker license under Section 5-50 of this Act and by rule.(Source: P.A. 103-1039, eff. 1-1-25.) |
(225 ILCS 454/5-60.5) (This Section may contain text from a Public Act with a delayed effective date) (Section scheduled to be repealed on January 1, 2030) Sec. 5-60.5. Managing broker licensed in another state; broker licensed in another state; endorsement requirements; agent for service of process. (a) A managing broker's license may be issued by the Department to a managing broker or its equivalent licensed under the laws of another state or jurisdiction of the United States under the following conditions: (1) the managing broker holds an active managing | ||
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(2) the managing broker has been actively practicing | ||
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(3) the managing broker furnishes the Department with | ||
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(4) the managing broker passes a test on Illinois | ||
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(5) the managing broker provides proof of successful | ||
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(b) A broker's license may be issued by the Department to a broker or its equivalent licensed under the laws of another state or jurisdiction of the United States under the following conditions: (1) the broker holds an active broker's license or | ||
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(2) the broker furnishes the Department with an | ||
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(3) the broker passes a test on Illinois specific | ||
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(4) the broker provides proof of successful | ||
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(5) if the broker has been actively practicing as a | ||
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(c) As a condition precedent to the issuance of a license to a managing broker or broker pursuant to this Section, the managing broker or broker shall agree to abide by all the provisions of this Act with respect to managing broker's or broker's real estate activities within the State of Illinois and submit to the jurisdiction of the Department as provided in this Act. The agreement shall remain in force for so long as the managing broker or broker is licensed by this State and thereafter with respect to acts or omissions committed while licensed in this State. (d) Prior to the issuance of a license to a nonresident managing broker or broker, the managing broker or broker shall file with the Department a designation in writing that appoints the Secretary to act as the managing broker's or broker's agent upon whom all judicial and other process or legal notices directed to the managing broker or broker may be served. Service upon the Secretary shall be equivalent to personal service upon the licensee. Copies of the appointment, certified by the Secretary, shall be deemed sufficient evidence and shall be admitted into evidence with the same force and effect as if the original is admitted. (e) The same fees must be paid as provided in this Act for obtaining a managing broker's or broker's license in this State. (f) In the written designation, the managing broker or broker shall agree that any lawful process against the licensee that is served upon the agent shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this State. Upon the receipt of any process or notice, the Secretary shall deliver a copy of the same by regular mail or email to the mailing address or email address of record of the licensee.(Source: P.A. 103-1039, eff. 1-1-25.) |
(225 ILCS 454/5-65)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-65. Fees. The Department shall provide by rule for fees to be paid by applicants and licensees to
cover the reasonable
costs of the Department in administering and enforcing the provisions of this Act. The Department
may also provide
by rule for general fees to cover the reasonable expenses of carrying out other
functions and
responsibilities under this Act.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/5-70) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 5-70. Continuing education requirement; managing broker or broker. (a) The requirements of this Section apply to all managing brokers and brokers. (b) Except as otherwise
provided in this Section, each
person who applies for renewal of a license as a managing broker or broker must successfully complete 12 hours of real estate continuing education
courses recommended by the Board and approved by
the Department during the current term of the license. In addition, those licensees renewing or obtaining a managing broker's license must successfully complete a 12-hour broker management continuing education course approved by the Department during the current term of the license. The broker management continuing education course must be completed in the classroom or through a live, interactive webinar or online distance education format. No
license may be renewed
except upon the successful completion of the required courses or their
equivalent or upon a waiver
of those requirements for good cause shown as determined by the Secretary upon
the
recommendation of the Board.
The requirements of this Article are applicable to all managing brokers and brokers
except those managing brokers
and brokers who, during the current term of licensure: (1) serve in the armed services of the United States; (2) serve as an elected State or federal official; (3) serve as a full-time employee of the Department; | ||
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(4) are admitted to practice law pursuant to Illinois | ||
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(c) (Blank). (d) A
person receiving an initial license
during the 90 days before the renewal date shall not be
required to complete the continuing
education courses provided for in subsection (b) of this
Section as a condition of initial license renewal.
(e) The continuing education requirement for brokers and managing brokers shall
consist of a single core
curriculum and an elective curriculum, to be recommended by the Board and approved by the Department in accordance with this subsection. The core curriculum shall not be further divided into subcategories or divisions of instruction. The core curriculum shall consist of 4 hours during the current term of the license on subjects that may include, but are not limited to, advertising, agency, disclosures, escrow, fair housing, residential leasing agent management, and license law. The amount of time allotted to each of these subjects shall be recommended by the Board and determined by the Department. The Department, upon the recommendation of the Board, shall review the core curriculum every 4 years, at a minimum, and shall revise the curriculum if necessary. However, the core curriculum's total hourly requirement shall only be subject to change by amendment of this subsection, and any change to the core curriculum shall not be effective for a period of 6 months after such change is made by the Department. The Department shall provide notice to all approved education providers of any changes to the core curriculum. When determining whether revisions of the core curriculum's subjects or specific time requirements are necessary, the Board shall consider
recent changes in applicable laws, new laws, and areas
of the license law and the Department policy that the Board deems appropriate,
and any other subject
areas the Board deems timely and applicable in order to prevent
violations of this Act
and to protect the public.
In establishing a recommendation to the Department regarding the elective curriculum, the Board shall consider
subjects that cover
the various aspects of the practice of real estate that are covered under the
scope of this Act.
(f) The subject areas of continuing education courses recommended by the Board and approved by the Department shall be meant to protect the professionalism of the industry, the consumer, and the public and prevent violations of this Act and
may
include without limitation the following: (1) license law and escrow; (2) antitrust; (3) fair housing; (4) agency; (5) appraisal; (6) property management; (7) residential brokerage; (8) farm property management; (9) transaction management rights and duties of | ||
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(10) commercial brokerage and leasing; (11) real estate financing; (12) disclosures; (13) residential leasing agent management; (14) advertising; (15) broker supervision and designated managing | ||
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(16) professional conduct; and (17) use of technology. (g) In lieu of credit for those courses listed in subsection (f) of this
Section, credit may be
earned for serving as a licensed instructor in an approved course of continuing
education. The
amount of credit earned for teaching a course shall be the amount of continuing
education credit for
which the course is approved for licensees taking the course. (h) Credit hours may be earned for self-study programs approved by the Department. (i) A managing broker or broker may earn credit for a specific continuing
education course only
once during the current term of the license. (j) No more than 12 hours of continuing education credit may be taken in one
calendar day. (k) To promote the offering of a uniform and consistent course content, the Department may provide for the development of a single broker management course to be offered by all education providers who choose to offer the broker management continuing education course. The Department may contract for the development of the 12-hour broker management continuing education course with an outside vendor or consultant and, if the course is developed in this manner, the Department or the outside consultant shall license the use of that course to all approved education providers who wish to provide the course.
(l) Except as specifically provided in this Act, continuing education credit hours may not be earned for completion of pre-license or post-license courses. The courses comprising the approved 45-hour post-license curriculum for broker licensees shall satisfy the continuing education requirement for the initial broker license term. The approved 45-hour managing broker pre-license brokerage administration and management course shall satisfy the 12-hour broker management continuing education requirement for the initial managing broker license term. (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 5-70. Continuing education requirement; managing broker or broker. (a) The requirements of this Section apply to all managing brokers and brokers. (b) Except as otherwise provided in this Section, each person who applies for renewal of a license as a managing broker or broker must successfully complete 12 hours of real estate continuing education courses recommended by the Board and approved by the Department during the current term of the license. In addition, those licensees renewing or obtaining a managing broker's license must successfully complete a 12-hour broker management continuing education course approved by the Department during the current term of the license. The broker management continuing education course must be completed in the classroom, through a live, interactive webinar, or in an online distance education format. No license may be renewed except upon the successful completion of the required courses or their equivalent or upon a waiver of those requirements for good cause shown as determined by the Secretary upon the recommendation of the Board. The requirements of this Article are applicable to all managing brokers and brokers except those managing brokers and brokers who, during the current term of licensure: (1) serve in the armed services of the United States; (2) serve as an elected State or federal official; (3) serve as a full-time employee of the Department; | ||
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(4) are admitted to practice law pursuant to Illinois | ||
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(c) (Blank). (d) A person receiving an initial license during the 90 days before the renewal date shall not be required to complete the continuing education courses provided for in subsection (b) of this Section as a condition of initial license renewal. (e) The continuing education requirement for brokers and managing brokers shall consist of a single core curriculum, which must include at least 2 credit hours of fair housing training, and an elective curriculum, to be recommended by the Board and approved by the Department in accordance with this subsection. With the exception of the fair housing training, the core curriculum shall not be further divided into subcategories or divisions of instruction. The core curriculum shall consist of 6 total hours during the current term of the license on subjects that may include, but are not limited to, advertising, agency, disclosures, escrow, fair housing, residential leasing agent management, and license law, and must include at least 2 credit hours of fair housing training. The amount of time allotted to each of the remaining subjects shall be recommended by the Board and determined by the Department. The Department, upon the recommendation of the Board, shall review the core curriculum every 4 years, at a minimum, and shall revise the curriculum if necessary. However, the core curriculum's total hourly requirement shall only be subject to change by amendment of this subsection, and any change to the core curriculum shall not be effective for a period of 6 months after such change is made by the Department. The Department shall provide notice to all approved education providers of any changes to the core curriculum. When determining whether revisions of the core curriculum's subjects or specific time requirements are necessary, the Board shall consider recent changes in applicable laws, new laws, and areas of the license law and the Department policy that the Board deems appropriate, and any other subject areas the Board deems timely and applicable in order to prevent violations of this Act and to protect the public. In establishing a recommendation to the Department regarding the elective curriculum, the Board shall consider subjects that cover the various aspects of the practice of real estate that are covered under the scope of this Act. (f) The subject areas of continuing education courses recommended by the Board and approved by the Department shall be meant to protect the professionalism of the industry, the consumer, and the public and prevent violations of this Act and may include, without limitation, the following: (1) license law and escrow; (2) antitrust; (3) fair housing; (4) agency; (5) appraisal; (6) property management; (7) residential brokerage; (8) farm property management; (9) transaction management rights and duties of | ||
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(10) commercial brokerage and leasing; (11) real estate financing; (12) disclosures; (13) residential leasing agent management; (14) advertising; (15) broker supervision and designated managing | ||
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(16) professional conduct; (17) use of technology; and (18) diversity, equity, and inclusion. (g) In lieu of credit for those courses listed in subsection (f) of this Section, credit may be earned for serving as a licensed instructor in an approved course of continuing education. The amount of credit earned for teaching a course shall be the amount of continuing education credit for which the course is approved for licensees taking the course. (h) Credit hours may be earned for self-study programs approved by the Department. (i) A managing broker or broker may earn credit for a specific continuing education course only once during the current term of the license. (j) No more than 12 hours of continuing education credit may be taken in one calendar day. (k) To promote the offering of a uniform and consistent course content, the Department may provide for the development of a single broker management course to be offered by all education providers who choose to offer the broker management continuing education course. The Department may contract for the development of the 12-hour broker management continuing education course with an outside vendor or consultant and, if the course is developed in this manner, the Department or the outside consultant shall license the use of that course to all approved education providers who wish to provide the course. (l) Except as specifically provided in this Act, continuing education credit hours may not be earned for completion of pre-license or post-license courses. The courses comprising the approved 45-hour post-license curriculum for broker licensees shall satisfy the continuing education requirement for the initial broker license term. The approved 45-hour managing broker pre-license brokerage administration and management course shall satisfy the 12-hour broker management continuing education requirement for the initial managing broker license term. (Source: P.A. 102-970, eff. 5-27-22; 103-1039, eff. 1-1-25.) |
(225 ILCS 454/5-75)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-75. Out-of-state continuing education credit. If a renewal applicant has earned continuing education hours in another state
or territory for which the applicant
is claiming credit toward full compliance in Illinois, the Department may
approve those hours based upon whether the course is one that
would be approved
under Section 5-70 of this Act, whether the course meets the basic requirements
for
continuing education under
this Act, and any other criteria that are provided by statute or rule.
(Source: P.A. 103-236, eff. 1-1-24.)
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(225 ILCS 454/5-80)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-80. Evidence of compliance with continuing education requirements.
(a) Each renewal applicant shall certify, on his or her renewal application,
full compliance with
continuing education requirements set forth in Section 5-70. The
education provider shall
retain and submit to the Department after the completion of each course evidence of those
successfully
completing the course as provided by rule.
(b) The Department may require additional evidence demonstrating compliance with the
continuing
education requirements. The renewal applicant shall retain and produce the
evidence of
compliance upon request of the Department.
(Source: P.A. 100-188, eff. 1-1-18.)
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(225 ILCS 454/5-85)
Sec. 5-85. (Repealed).
(Source: P.A. 96-856, eff. 12-31-09. Repealed by P.A. 100-188, eff. 1-1-18.)
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(225 ILCS 454/Art. 10 heading) ARTICLE 10.
COMPENSATION AND BUSINESS PRACTICES
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(225 ILCS 454/10-5)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-5. Payment of compensation.
(a) No licensee shall pay compensation directly to a licensee sponsored by
another sponsoring broker for
the performance of licensed activities. No licensee sponsored by a broker may
pay compensation to
any licensee other than his or her sponsoring broker for the performance of
licensed activities
unless the licensee paying the compensation is a principal to the transaction.
However, a non-sponsoring broker may pay compensation directly to a licensee
sponsored by
another or a person
who is not sponsored by a broker if the payments are made pursuant to terms of
an employment
agreement that was previously in place between a licensee and the
non-sponsoring broker, and the
payments are for licensed activity performed by that person while previously
sponsored by the now
non-sponsoring broker.
(b) No licensee sponsored by a broker shall accept compensation for the
performance of
activities under this Act except from the broker by whom the licensee is
sponsored, except as
provided in this Section.
(c) (Blank).
(d) One sponsoring broker may pay compensation directly to another
sponsoring broker for the
performance of licensed activities.
(e) Notwithstanding any other provision of this Act, a sponsoring broker may pay compensation to a person currently licensed under the Auction License Act who is in compliance with and providing services under Section 5-32 of this Act. (Source: P.A. 101-357, eff. 8-9-19.)
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(225 ILCS 454/10-10) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 10-10. Disclosure of compensation. (a) A licensee must disclose to a client the sponsoring broker's
compensation and policy with
regard to cooperating with brokers who represent other parties in a
transaction. (b) A licensee must disclose to a client all sources of compensation related
to the transaction
received by the licensee from a third party. (c) If a licensee refers a client to a third party in which the licensee has
greater than a 1% ownership interest
or from which the licensee receives or may receive dividends or other profit
sharing distributions, other than a
publicly held or traded company, for the purpose of the client obtaining
services related to the transaction, then the
licensee shall disclose that fact to the client at the time of making the
referral. (d) If in any one transaction a sponsoring broker receives compensation from
both the buyer
and seller or lessee and lessor of real estate, the sponsoring broker shall
disclose in writing to a
client the fact that the compensation is being paid by both buyer and seller or
lessee and lessor. (e) Nothing in the Act shall prohibit the cooperation with or a payment of
compensation to an individual domiciled in any other state or country who is licensed as a broker in
his or her state or country of domicile or to a resident of a country
that does not require a person to be licensed to act as a broker if
the person complies with the laws of the country in which that person resides
and practices there as a broker.(Source: P.A. 101-357, eff. 8-9-19.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 10-10. Disclosure of compensation. (a) A licensee must disclose to a client the sponsoring broker's compensation policy, including the terms of compensation and any amounts offered to cooperating brokers who represent other parties in a transaction. (b) A licensee must disclose to a client all sources of compensation related to the transaction received by the licensee from a third party. (c) If a licensee refers a client to a third party in which the licensee has greater than a 1% ownership interest or from which the licensee receives or may receive dividends or other profit sharing distributions, other than a publicly held or traded company, for the purpose of the client obtaining services related to the transaction, then the licensee shall disclose that fact to the client at the time of making the referral. (d) If in any one transaction a sponsoring broker receives compensation from both the buyer and seller or lessee and lessor of real estate, the sponsoring broker shall disclose in writing to a client the fact that the compensation is being paid by both buyer and seller or lessee and lessor. (e) Nothing in the Act shall prohibit the cooperation with or a payment of compensation to an individual domiciled in any other state or country who is licensed as a broker in that individual's state or country of domicile or to a resident of a country that does not require a person to be licensed to act as a broker if the person complies with the laws of the country in which that person resides and practices there as a broker.(Source: P.A. 103-1039, eff. 1-1-25.) |
(225 ILCS 454/10-15)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-15. No compensation to persons in violation of Act; compensation
to unlicensed
persons; consumer. (a) No compensation may be paid to any unlicensed person in exchange for the
person
performing licensed activities in violation of this Act.
(b) No action or suit shall be instituted, nor recovery therein be had, in
any court of this State
by any person for compensation for any act done or service performed, the doing
or performing of
which is prohibited by this Act to other than licensed managing brokers, brokers,
or residential leasing agents unless
the person was duly
licensed hereunder as a managing broker,
broker, or residential leasing agent under this Act at the time that any such
act was done or service
performed that would give rise to a cause of action for compensation.
(c) A licensee may offer compensation, including prizes, merchandise,
services, rebates,
discounts, or other consideration to an unlicensed person who is a party to a
contract to buy or sell
real estate or is a party to a contract for the lease of real estate, so long
as the offer complies with
the provisions of subdivision (35) of subsection (a) of Section 20-20 of this
Act.
(d) A licensee may offer cash, gifts, prizes, awards, coupons, merchandise,
rebates or chances
to win a game of chance, if not prohibited by any other law or statute,
to a consumer as an
inducement to that consumer to use the services of the licensee even if the
licensee and consumer
do not ultimately enter into a broker-client relationship so long as the offer
complies with the
provisions of subdivision (35) of subsection (a) of Section 20-20 of this Act.
(e) A licensee shall not pay compensation to an unlicensed person who is not or will not become a party to a real estate transaction in exchange for a referral of real estate services. (f) Nothing in this Section shall be construed as waiving or abrogating the provisions of the Real Estate Settlement Procedures Act (RESPA), 88 Stat. 1724. (Source: P.A. 100-831, eff. 1-1-19; 101-357, eff. 8-9-19.)
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(225 ILCS 454/10-20) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 10-20. Sponsoring broker; employment agreement. (a) A licensee may perform activities as a licensee only for his or her
sponsoring broker. A
licensee must have only one sponsoring broker at any one time. (b) Every broker who employs licensees or has an independent contractor
relationship with a
licensee shall have a written employment or independent contractor agreement with each such licensee.
The
broker having
this written employment or independent contractor agreement with the licensee must be that licensee's
sponsoring broker. (c) Every sponsoring broker must have a written employment or independent contractor agreement with
each licensee the
broker sponsors. The agreement shall address the employment or independent
contractor
relationship terms, including without limitation supervision,
duties, compensation, and
termination process. (d) (Blank). (e) Notwithstanding the fact that a sponsoring broker has an employment or independent contractor
agreement with a
licensee, a sponsoring broker may pay compensation directly to a business entity
solely owned by that
licensee that has been formed for the purpose of receiving compensation earned
by the licensee.
A business entity that receives compensation from a sponsoring broker as provided for in this subsection (e) shall
not be required to be
licensed under this Act and must either be owned solely by the licensee or by the licensee together with the licensee's spouse, but only if the spouse and licensee are both licensed and sponsored by the same sponsoring broker or the spouse is not also licensed.(Source: P.A. 100-831, eff. 1-1-19; 101-357, eff. 8-9-19.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 10-20. Sponsoring broker; employment agreement. (a) A licensee may perform activities as a licensee only for the licensee's sponsoring broker. A licensee must have only one sponsoring broker at any one time. (b) Every broker who employs licensees or has an independent contractor relationship with a licensee shall have a written employment or independent contractor agreement with each such licensee. The broker having this written employment or independent contractor agreement with the licensee must be that licensee's sponsoring broker. (c) Every sponsoring broker must have a written employment or independent contractor agreement with each licensee the broker sponsors. The agreement shall address the employment or independent contractor relationship terms, including without limitation supervision, duties, compensation, and termination process. (d) (Blank). (d-5) If a written agreement provides for an independent contractor relationship that clearly states and establishes that relationship, the specific provisions of this Act shall control for licensee's conduct of brokerage activities. (e) Notwithstanding the fact that a sponsoring broker has an employment or independent contractor agreement with a licensee, a sponsoring broker may pay compensation directly to a business entity solely owned by that licensee that has been formed for the purpose of receiving compensation earned by the licensee. A business entity that receives compensation from a sponsoring broker as provided for in this subsection (e) shall not be required to be licensed under this Act and must either be owned solely by the licensee or by the licensee together with the licensee's spouse, but only if the spouse and licensee are both licensed and sponsored by the same sponsoring broker or the spouse is not also licensed.(Source: P.A. 103-1039, eff. 1-1-25.) |
(225 ILCS 454/10-25)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-25. Expiration of brokerage agreement. No licensee shall obtain any written brokerage agreement that does not either provide
for automatic
expiration within a definite period of time, and if longer than one year, provide the client with a right to terminate the agreement annually by giving no more than 30 days' prior written notice. Any written brokerage agreement not containing such a provision
shall be void. When the license of any sponsoring broker is
suspended or revoked, any
brokerage agreement with the sponsoring broker shall be deemed to expire upon
the effective date
of the suspension or revocation.
(Source: P.A. 103-236, eff. 1-1-24.)
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(225 ILCS 454/10-27)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-27.
Disclosure of licensee status.
Each licensee shall disclose,
in writing, his or her status as a licensee to all parties in a transaction
when the licensee is selling, leasing, or purchasing any interest, direct or
indirect, in the real estate that is the subject of the transaction.
(Source: P.A. 91-245, eff. 12-31-99.)
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(225 ILCS 454/10-30)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-30. Advertising.
(a) No advertising, whether in print, via the Internet, or through social media, digital forums, or any other media, shall be fraudulent, deceptive, inherently misleading, or
proven to be
misleading in practice. Advertising shall be considered misleading or untruthful if,
when taken as a whole,
there is a distinct and reasonable possibility that it will be misunderstood or
will deceive the
ordinary consumer. Advertising shall
contain all information
necessary to communicate the information contained therein to the public in an accurate,
direct, and readily
comprehensible manner. Team names may not contain inherently misleading terms, such as "company", "realty", "real estate", "agency", "associates", "brokers", "properties", or "property".
(b) No blind advertisements may be used
by any licensee, in any media, except as provided for in this Section.
(c) A licensee shall disclose, in writing, to all parties in a transaction the licensee's
status as a
licensee and any and all interest the licensee has or may have in the real
estate constituting the
subject matter thereof, directly or indirectly, according to the following
guidelines:
(1) On broker yard signs or in broker advertisements, | ||
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(2) A sponsored or inactive licensee selling or | ||
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(A) On "By Owner" yard signs, the sponsored or | ||
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(B) If a sponsored or inactive licensee runs | ||
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(C) A sponsored or inactive licensee shall not | ||
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(d) A sponsored licensee may not advertise under the licensee's own name.
Advertising in any media shall be
under the direct supervision of the sponsoring or designated managing broker and in the
sponsoring broker's
business name, which in the case of a franchise shall include the franchise
affiliation as well as the
name of the individual firm.
This provision does not apply under the following circumstances:
(1) When a licensee enters into a brokerage agreement | ||
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(2) When a licensee is selling or leasing real estate | ||
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(e) No licensee shall list the licensee's name or otherwise advertise in the licensee's own name to the
general public through any
medium of advertising as being in the real estate business without listing the sponsoring
broker's business name.
(f) The sponsoring broker's business name and the name of the licensee must
appear in all
advertisements, including business cards. In advertising that includes the sponsoring broker's name and a team name or individual broker's name, the sponsoring broker's business name shall be at least equal in size or larger than the team name or that of the individual.
(g) Those individuals licensed as a managing broker and designated with the Department as a designated managing broker by their sponsoring broker shall identify themselves to the public in advertising, except on "For Sale" or similar signs, as a designated managing broker. No other individuals holding a managing broker's license may hold themselves out to the public or other licensees as a designated managing broker, but they may hold themselves out to be a managing broker. (Source: P.A. 103-236, eff. 1-1-24.)
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(225 ILCS 454/10-35) (Section scheduled to be repealed on January 1, 2030) Sec. 10-35. Internet and related advertising. (a) Licensees intending to sell or share consumer information gathered from or through the Internet or other electronic communication media, including, but not limited to, social media and digital forums, shall disclose that intention to consumers in a timely and readily apparent manner. (b) A licensee using Internet or other similar electronic advertising media must not: (1) use a URL or domain name that is deceptive or | ||
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(2) deceptively or without authorization frame | ||
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(3) engage in phishing or the deceptive use of | ||
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(Source: P.A. 101-357, eff. 8-9-19.) |
(225 ILCS 454/10-40) (Section scheduled to be repealed on January 1, 2030) Sec. 10-40. Company policy. Every brokerage company or entity, other than a sole proprietorship with no other sponsored licensees, shall adopt a company or office policy dealing with topics such as: (1) the agency policy of the entity; (2) fair housing, nondiscrimination and harassment; (3) confidentiality of client information; (4) advertising; (5) training and supervision of sponsored licensees; (6) required disclosures and use of forms; (7) handling of risk management matters; and (8) handling of earnest money and escrows. These topics are provided as an example and are not intended to be inclusive or exclusive of other topics.
(Source: P.A. 96-856, eff. 12-31-09.) |
(225 ILCS 454/10-45) (Section scheduled to be repealed on January 1, 2030) Sec. 10-45. Broker price opinions and comparative market analyses. (a) A broker price opinion or comparative market analysis may be prepared or provided by a real estate broker or managing broker for any of the following: (1) an existing or potential buyer or seller of an | ||
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(2) an existing or potential lessor or lessee of an | ||
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(3) a third party making decisions or performing due | ||
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(4) an existing or potential lienholder or other | ||
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(b) A broker price opinion or comparative market analysis shall be in writing either on paper or electronically and shall include the following provisions: (1) a statement of the intended purpose of the broker | ||
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(2) a brief description of the interest in real | ||
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(3) a brief description of the methodology used to | ||
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(4) any assumptions or limiting conditions; (5) a disclosure of any existing or contemplated | ||
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(6) the name, license number, and signature of the | ||
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(7) a statement in substantially the following form: "This is a broker price opinion/comparative market | ||
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(8) such other items as the broker or managing broker | ||
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(Source: P.A. 101-71, eff. 7-12-19.) |
(225 ILCS 454/10-50) (Section scheduled to be repealed on January 1, 2030) Sec. 10-50. Guaranteed sales plans. (a) As used in this Section, a "guaranteed sales plan" means a real estate purchase or sales plan whereby a licensee enters into one or more conditional or unconditional written contracts with a seller, one of which is a brokerage agreement, and wherein the person agrees to purchase the seller's property within a specified period of time, at a specific price, in the event the property is not sold in accordance with the terms of a brokerage agreement to be entered into between the sponsoring broker and the seller. (b) A person who offers a guaranteed sales plan to consumers is engaged in licensed activity under this Act and is required to have a license. (c) A licensee offering a guaranteed sales plan shall provide the details, including the purchase price, and conditions of the plan, in writing to the party to whom the plan is offered prior to entering into the brokerage agreement. (d) A licensee offering a guaranteed sales plan shall provide to the party to whom the plan is offered evidence of sufficient financial resources to satisfy the commitment to purchase undertaken by the broker in the plan. (e) A licensee offering a guaranteed sales plan shall undertake to market the property of the seller subject to the plan in the same manner in which the broker would market any other property, unless the agreement with the seller provides otherwise. (f) The licensee may not purchase seller's property until the period for offering the property for sale has ended according to its terms or is otherwise terminated. (g) Any licensee who fails to perform on a guaranteed sales plan in strict accordance with its terms shall be subject to all the penalties provided in this Act for violations thereof and, in addition, shall be subject to a civil fine payable to the party injured by the default in an amount of up to $25,000.
(Source: P.A. 101-357, eff. 8-9-19.) |
(225 ILCS 454/10-55) (Section scheduled to be repealed on January 1, 2030) Sec. 10-55. Designated managing broker responsibility and supervision. (a) A designated managing broker shall be responsible for the supervision of all licensees associated with a designated managing broker's office. A designated managing broker's responsibilities include implementation of company policies, the training of licensees and other employees on the company's policies as well as on relevant provisions of this Act, and providing assistance to all licensees in real estate transactions. The designated managing broker shall be responsible for, and shall supervise, all special accounts of the company. (b) A designated managing broker's responsibilities shall further include directly handling all earnest money, escrows, and contract negotiations for all transactions where the designated agent for the transaction has not completed his or her 45 hours of post-license education, as well as the approval of all advertisements involving a licensee who has not completed his or her 45 hours of post-license education. Licensees that have not completed their 45 hours of post-license education shall have no authority to bind the sponsoring broker.
(Source: P.A. 101-357, eff. 8-9-19.) |
(225 ILCS 454/Art. 15 heading) ARTICLE 15.
AGENCY RELATIONSHIPS
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(225 ILCS 454/15-5)
(Section scheduled to be repealed on January 1, 2030)
Sec. 15-5. Legislative intent.
(a) The General Assembly finds that application of the common law of agency
to the
relationships among licensees under this Act and consumers of real
estate brokerage
services has resulted in misunderstandings and consequences that have been
contrary to the best
interests of the public. The General Assembly further finds that the real
estate brokerage industry
has a significant impact upon the economy of the State of Illinois and that it is in the best interest of
the public to provide codification of the relationships between licensees under this Act
and consumers of real estate brokerage services in order to prevent detrimental misunderstandings
and misinterpretations of the relationships by consumers, managing brokers, and brokers and
thus promote and provide stability in the real estate market. This Article 15
is enacted to govern the
relationships between consumers of real estate brokerage services and licensees under this Act
to the extent not governed by an individual written
agreement between a
sponsoring broker and a consumer, providing that
there is a relationship other than designated agency.
This
Article 15 applies to
the exclusion of the common law concepts of principal and agent and to the
fiduciary duties, which
have been applied to managing brokers, brokers, and real estate
brokerage services.
(b) The General Assembly further finds that this Article 15 is not intended
to
prescribe or affect
contractual relationships between managing brokers and brokers and the broker's
affiliated licensees.
(c) This Article 15 may serve as a basis for private rights of action and
defenses by sellers, buyers,
landlords, tenants, managing brokers, and brokers. The
private rights of action,
however, do not extend to any other Articles
of this
Act.
(Source: P.A. 101-357, eff. 8-9-19.)
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(225 ILCS 454/15-10)
(Section scheduled to be repealed on January 1, 2030)
Sec. 15-10. Relationships between licensees and consumers. Licensees shall be considered to be representing the consumer they are working
with as a
designated agent for the consumer unless there is a written agreement between the sponsoring broker and the consumer providing that there is a different relationship.
(Source: P.A. 101-357, eff. 8-9-19.)
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(225 ILCS 454/15-15)
(Section scheduled to be repealed on January 1, 2030)
Sec. 15-15. Duties of licensees representing clients.
(a) A licensee representing a client shall:
(1) Perform the terms of the brokerage agreement | ||
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(2) Promote the best interest of the client by:
(A) Seeking a transaction at the price and terms | ||
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(B) Timely presenting all offers to and from the | ||
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(C) Disclosing to the client material facts | ||
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(D) Timely accounting for all money and property | ||
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(E) Obeying specific directions of the client | ||
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(F) Acting in a manner consistent with promoting | ||
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(3) Exercise reasonable skill and care in the | ||
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(4) Keep confidential all confidential information | ||
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(5) Comply with all requirements of this Act and all | ||
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(b) A licensee representing a client does not breach a duty or obligation to
the client by
showing alternative properties to prospective buyers or tenants, by showing
properties in which
the client is interested to other prospective buyers or tenants, or by making or preparing contemporaneous offers or contracts to purchase or lease the same property. However, a licensee shall provide written disclosure to all clients for whom the licensee is preparing or making contemporaneous offers or contracts to purchase or lease the same property and shall refer to another designated agent any client that requests such referral.
(c) A licensee representing a buyer or tenant client will not be presumed to
have breached a
duty or obligation to that client by working on the basis that the licensee
will receive a higher fee or
compensation based on higher selling price or lease cost.
(d) A licensee shall not be liable to a client for providing false
information to the client if the
false information was provided to the licensee by a customer unless the
licensee knew or should
have known the information was false.
(e) Nothing in the Section shall be construed as changing a licensee's duty
under common law
as to negligent or fraudulent misrepresentation of material information.
(Source: P.A. 101-357, eff. 8-9-19.)
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(225 ILCS 454/15-20)
(Section scheduled to be repealed on January 1, 2030)
Sec. 15-20.
Failure to disclose information not affecting physical
condition. No cause of action shall arise against a licensee for the failure
to disclose:
(i) that an occupant of the property was afflicted with Human Immunodeficiency
Virus (HIV) or any other medical condition;
(ii) that the property was the site of an act or occurrence that had no effect
on the physical condition of the property or its environment or the structures
located thereon;
(iii) fact situations on property that is not the subject of the transaction;
or
(iv) physical conditions located on property that is not the subject of the
transaction that do not have a substantial adverse effect on the value of the
real estate that is the subject of the transaction.
(Source: P.A. 91-245, eff. 12-31-99; 92-16, eff. 6-28-01.)
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(225 ILCS 454/15-25)
(Section scheduled to be repealed on January 1, 2030)
Sec. 15-25. Licensee's relationship with customers. Licensees shall treat all customers honestly and shall not negligently
or knowingly give
them false information. A licensee engaged by a seller client shall timely
disclose to customers
who are prospective buyers all latent material adverse facts pertaining to the
physical condition of
the property that are actually known by the licensee and that could not be
discovered by a
reasonably diligent inspection of the property by the customer. A licensee
shall not be liable to a
customer for providing false information to the customer if the false
information was provided to
the licensee by the licensee's client and the licensee did not have actual
knowledge that the
information was false. No cause of action shall arise on behalf of any person
against a licensee for
revealing information in compliance with this Section.
(Source: P.A. 101-357, eff. 8-9-19.)
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(225 ILCS 454/15-30)
(Section scheduled to be repealed on January 1, 2030)
Sec. 15-30.
Duties after termination of brokerage agreement.
Except as may be provided in a written agreement between the broker and the
client, neither a
sponsoring broker nor any licensee affiliated with the sponsoring broker owes
any further duties to
the client after termination, expiration, or completion of performance of the
brokerage agreement,
except:
(1) to account for all moneys and property relating | ||
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(2) to keep confidential all confidential information | ||
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(Source: P.A. 91-245, eff. 12-31-99.)
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(225 ILCS 454/15-35) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 15-35. Agency relationship disclosure. (a) A licensee acting as a designated agent shall advise a consumer in writing, no later than beginning to work as a designated agent on behalf of the consumer, of the following: (1) That a designated agency relationship exists, | ||
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(2) The name or names of the designated agent or | ||
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(b) The licensee representing the consumer shall discuss with the consumer the sponsoring broker's compensation and policy with regard to
cooperating with
brokers who represent other parties in a transaction. (c) A licensee shall disclose in writing to a customer that the licensee is
not acting as the agent
of the customer at a time intended to prevent disclosure of confidential
information from a
customer to a licensee, but in no event later than the preparation of an offer
to purchase or lease real
property.(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 15-35. Agency relationship disclosure. (a) A licensee acting as a designated agent shall advise a consumer in writing, no later than beginning to work as a designated agent on behalf of the consumer, of the following: (1) That a designated agency relationship exists, | ||
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(2) The name or names of the designated agent or | ||
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(b) The licensee representing the consumer shall discuss with the consumer the sponsoring broker's compensation policy, including the terms of compensation and any amounts offered to cooperating brokers who represent other parties in a transaction. (c) A licensee shall disclose in writing to a customer that the licensee is not acting as the agent of the customer at a time intended to prevent disclosure of confidential information from a customer to a licensee, but in no event later than the preparation of an offer to purchase or lease real property.(Source: P.A. 102-970, eff. 5-27-22; 103-1039, eff. 1-1-25.) |
(225 ILCS 454/15-40)
(Section scheduled to be repealed on January 1, 2030)
Sec. 15-40.
Compensation does not determine agency.
Compensation does not determine agency relationship. The payment or promise of
payment of
compensation to a licensee is not determinative of whether an agency
relationship has been created
between any licensee and a consumer.
(Source: P.A. 91-245, eff. 12-31-99.)
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(225 ILCS 454/15-45)
(Section scheduled to be repealed on January 1, 2030)
Sec. 15-45. Dual agency.
(a) An individual licensee may act as a dual agent or a sponsoring broker may permit one or more of its sponsored licensees to act as dual agents in the same transaction only with the informed written
consent of all clients.
Informed written consent shall be presumed to have been given by any client who
signs a document
that includes the following:
"The undersigned (insert name(s)), ("Licensee"), may | ||
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WHAT A LICENSEE CAN DO FOR CLIENTS
WHEN ACTING AS A DUAL AGENT
1. Treat all clients honestly.
2. Provide information about the property to the buyer or | ||
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3. Disclose all latent material defects in the property | ||
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4. Disclose financial qualification of the buyer or | ||
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5. Explain real estate terms.
6. Help the buyer or tenant to arrange for property | ||
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7. Explain closing costs and procedures.
8. Help the buyer compare financing alternatives.
9. Provide information about comparable properties that | ||
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WHAT LICENSEE CANNOT DISCLOSE TO CLIENTS WHEN
ACTING AS A DUAL AGENT
1. Confidential information that Licensee may know about | ||
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2. The price or terms the seller or landlord will take | ||
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3. The price or terms the buyer or tenant is willing to | ||
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4. A recommended or suggested price or terms the buyer or | ||
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5. A recommended or suggested price or terms the seller | ||
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If either client is uncomfortable with this | ||
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(b) The dual agency disclosure form provided for in subsection (a) of this
Section must be
presented by a licensee, who offers dual representation, to the client at the
time the brokerage
agreement is entered into and may be signed by the client at that time or at
any time before the
licensee acts as a dual agent as to the client.
(c) A licensee acting in a dual agency capacity in a transaction must obtain
a written
confirmation from the licensee's clients of their prior consent for the
licensee to
act as a dual agent in the
transaction.
This confirmation should be obtained at the time the clients are executing any
offer or contract to
purchase or lease in a transaction in which the licensee is acting as a dual
agent. This confirmation
may be included in another document, such as a contract to purchase, in which
case the client must
not only sign the document but also initial the confirmation of dual agency
provision. That
confirmation must state, at a minimum, the following:
"The undersigned confirm that they have previously | ||
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(d) No cause of action shall arise on behalf of any person against a dual
agent for making
disclosures allowed or required by this Article, and the dual agent does not
terminate any agency
relationship by making the allowed or required disclosures.
(e) In the case of dual agency, each client and the licensee possess only
actual knowledge and
information. There shall be no imputation of knowledge or information among or
between clients,
brokers, or their affiliated licensees.
(f) In any transaction, a licensee may without liability withdraw from
representing a client who
has not consented to a disclosed dual agency. The withdrawal shall not
prejudice the ability of the
licensee to continue to represent the other client in the transaction or limit
the licensee from
representing the client in other transactions. When a withdrawal as
contemplated in this subsection
(f) occurs, the licensee shall not receive a referral fee for referring a
client to another licensee unless
written disclosure is made to both the withdrawing client and the client that
continues to be
represented by the licensee.
(g) A licensee shall not serve as a dual agent in any transaction when the licensee, or an entity in which the licensee has or will have any ownership interest, is a party to the transaction.(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
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(225 ILCS 454/15-50) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 15-50. Designated agency. (a) A sponsoring broker entering into an agreement with any person for the
listing of property
or for the purpose of representing any person in the buying, selling,
exchanging, renting, or leasing
of real estate shall specifically designate those licensees employed by or
affiliated with the
sponsoring broker who will be acting as legal agents of that person to the
exclusion of all other
licensees employed by or affiliated with the sponsoring broker. A sponsoring
broker entering into
an agreement under the provisions of this Section shall not be considered to be
acting for more than
one party in a transaction if the licensees specifically designated as legal
agents of a person are not
representing more than one party in a transaction. (b) A sponsoring broker designating affiliated licensees to act as agents of clients shall take
ordinary and necessary care to protect confidential information disclosed by a client to his or her
designated agent. (c) A designated agent may disclose to his or her sponsoring broker or
persons specified by the
sponsoring broker confidential information of a client for the purpose of
seeking advice or
assistance for the benefit of the client in regard to a possible transaction.
Confidential information
shall not be disclosed by the sponsoring broker or other specified
representative of the sponsoring
broker unless otherwise required by this Act or requested or permitted
by the client who
originally disclosed the confidential information.(Source: P.A. 101-357, eff. 8-9-19.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 15-50. Brokerage agreements; designated agency. (a) A sponsoring broker entering into a brokerage relationship with any person for the listing of property or for the purpose of representing any person in the buying, selling, exchanging, renting, or leasing of real estate shall set forth the terms of that relationship in a written brokerage agreement. The brokerage agreement shall specifically designate those licensees employed by or affiliated with the sponsoring broker who will be acting as legal agents of that person to the exclusion of all other licensees employed by or affiliated with the sponsoring broker. A sponsoring broker entering into an agreement under the provisions of this Section shall not be considered to be acting for more than one party in a transaction if the licensees are specifically designated as legal agents of a person and are not representing more than one party in a transaction. (a-5) Nothing in this Section prevents a client from seeking to enforce an oral agreement. The absence of a written agreement does not create an affirmative defense (i) to the existence, or lack thereof, of an agreement between the parties; or (ii) as to whether licensed activity was performed under this Act. This Section does not prevent a court from imposing legal or equitable remedies. (b) A sponsoring broker designating affiliated licensees to act as agents of clients shall take ordinary and necessary care to protect confidential information disclosed by a client to the designated agent. (c) A designated agent may disclose to the designated agent's sponsoring broker or persons specified by the sponsoring broker confidential information of a client for the purpose of seeking advice or assistance for the benefit of the client in regard to a possible transaction. Confidential information shall not be disclosed by the sponsoring broker or other specified representative of the sponsoring broker unless otherwise required by this Act or requested or permitted by the client who originally disclosed the confidential information.(Source: P.A. 103-1039, eff. 1-1-25.) |
(225 ILCS 454/15-55)
(Section scheduled to be repealed on January 1, 2030)
Sec. 15-55.
No subagency.
A broker is not considered to be a subagent of a client of another broker
solely by reason of
membership or other affiliation by the brokers in a multiple listing service or
other similar
information source, and an offer of subagency may not be made through a
multiple listing service
or other similar information source.
(Source: P.A. 91-245, eff. 12-31-99.)
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(225 ILCS 454/15-60)
(Section scheduled to be repealed on January 1, 2030)
Sec. 15-60.
Vicarious liability.
A consumer shall not be vicariously liable for the acts or omissions of a
licensee in providing
licensed activities for or on behalf of the consumer.
(Source: P.A. 91-245, eff. 12-31-99.)
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(225 ILCS 454/15-65)
(Section scheduled to be repealed on January 1, 2030)
Sec. 15-65. Regulatory enforcement. Nothing contained in this Article limits the Department in its regulation of licensees
under other Articles of
this Act and the substantive rules adopted by the Department. The Department is
authorized to adopt any rules that may be necessary for the implementation
and enforcement
of this Article 15.
(Source: P.A. 101-357, eff. 8-9-19.)
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(225 ILCS 454/15-70)
(Section scheduled to be repealed on January 1, 2030)
Sec. 15-70.
Actions for damages.
(a) In any action brought under this Article 15, the court may, in its
discretion, award only
actual damages and court costs or grant injunctive relief, when appropriate.
(b) Any action under this Article 15 shall be forever barred unless
commenced within 2
years after the person bringing the action knew or should reasonably have known
of such act or
omission. In no event shall the action be brought more than 5 years after the
date on which
the act or omission occurred. If the person entitled to bring the action is
under the age of 18 or
under legal disability the period of limitations shall not begin to run until
the disability is removed.
(Source: P.A. 91-245, eff. 12-31-99.)
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(225 ILCS 454/15-75) (Section scheduled to be repealed on January 1, 2030) Sec. 15-75. Exclusive brokerage agreements. All exclusive
brokerage agreements must be in writing and specify that the sponsoring broker, through one or more sponsored licensees, must provide, at a minimum, the following services: (1) accept delivery of and present to the client | ||
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(2) assist the client in developing, communicating, | ||
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(3) answer the client's questions relating to the | ||
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(Source: P.A. 101-357, eff. 8-9-19.) |
(225 ILCS 454/Art. 20 heading) ARTICLE 20.
DISCIPLINARY PROVISIONS
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(225 ILCS 454/20-5)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-5. Index of decisions. The Department shall maintain an index of formal decisions regarding the issuance,
refusal to issue, renewal,
refusal to renew, revocation, and suspension of licenses and probationary or
other disciplinary
action taken under this Act. The
index shall be available to the public during regular business hours.
(Source: P.A. 101-357, eff. 8-9-19.)
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(225 ILCS 454/20-10)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-10. Unlicensed practice; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to
practice as a managing broker, broker, or residential leasing agent
without being licensed under
this Act shall, in addition to any other penalty provided by law, pay a civil penalty
to the Department in an
amount not to exceed $25,000 for each offense as determined by the Department. The civil penalty
shall be
assessed by the Department after a hearing is held in accordance with the provisions set
forth in this Act
regarding the provision of a hearing for the discipline of a license.
(b) The Department has the authority and power to investigate any and all unlicensed
activity.
(c) The civil penalty shall be paid within 60 days after the effective date of
the order imposing the
civil penalty. The order shall constitute a judgment and may be filed and
execution had thereon in the
same manner from any court of record.
(Source: P.A. 101-357, eff. 8-9-19.)
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(225 ILCS 454/20-15)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-15. Violations. The commission of a single act prohibited by this Act or prohibited by the
rules adopted under
this Act or a violation of a disciplinary order issued under this Act
constitutes a violation of this
Act.
(Source: P.A. 101-357, eff. 8-9-19.)
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(225 ILCS 454/20-20) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 20-20. Nature of and grounds for discipline. (a) The Department may refuse to issue or renew a license, may place on probation, suspend,
or
revoke any
license, reprimand, or take any other disciplinary or non-disciplinary action as the Department may deem proper and impose a
fine not to exceed
$25,000 for each violation upon any licensee or applicant under this Act or any person who holds oneself out as an applicant or licensee or against a licensee in handling one's own property, whether held by deed, option, or otherwise, for any one or any combination of the
following causes: (1) Fraud or misrepresentation in applying for, or | ||
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(2) The licensee's conviction of or plea of guilty or | ||
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(3) Inability to practice the profession with | ||
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(4) Practice under this Act as a licensee in a retail | ||
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(5) Having been disciplined by another state, the | ||
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(6) Engaging in the practice of real estate brokerage | ||
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(7) Cheating on or attempting to subvert the Real | ||
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(8) Aiding or abetting an applicant to subvert or | ||
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(9) Advertising that is inaccurate, misleading, or | ||
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(10) Making any substantial misrepresentation or | ||
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(11) Making any false promises of a character likely | ||
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(12) Pursuing a continued and flagrant course of | ||
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(13) Any misleading or untruthful advertising, or | ||
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(14) Acting for more than one party in a transaction | ||
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(15) Representing or attempting to represent, or | ||
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(16) Failure to account for or to remit any moneys or | ||
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(17) Failure to maintain and deposit in a special | ||
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(A) disbursed prior to the consummation or | ||
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(B) deemed abandoned and transferred to the | ||
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The account shall be noninterest bearing, unless the | ||
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(18) Failure to make available to the Department all | ||
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(19) Failing to furnish copies upon request of | ||
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(20) Failure of a sponsoring broker or licensee to | ||
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(21) Engaging in dishonorable, unethical, or | ||
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(22) Commingling the money or property of others with | ||
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(23) Employing any person on a purely temporary or | ||
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(24) Permitting the use of one's license as a broker | ||
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(25) Any other conduct, whether of the same or a | ||
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(26) Displaying a "for rent" or "for sale" sign on | ||
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(27) Failing to provide information requested by the | ||
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(28) Advertising by means of a blind advertisement, | ||
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(29) A licensee under this Act or an unlicensed | ||
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(30) Influencing or attempting to influence, by any | ||
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(31) Engaging in any act that constitutes a violation | ||
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(32) Inducing any party to a contract of sale or | ||
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(33) Negotiating a sale, exchange, or lease of real | ||
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(34) When a licensee is also an attorney, acting as | ||
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(35) Advertising or offering merchandise or services | ||
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(36) (Blank). (37) Violating the terms of any order issued by the | ||
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(38) Paying or failing to disclose compensation in | ||
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(39) Requiring a party to a transaction who is not a | ||
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(40) Disregarding or violating any provision of this | ||
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(41) Failing to provide the minimum services required | ||
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(42) Habitual or excessive use of or addiction to | ||
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(43) Enabling, aiding, or abetting an auctioneer, as | ||
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(44) Permitting any residential leasing agent or | ||
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(45) Failing to notify the Department, within 30 days | ||
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(46) A designated managing broker's failure to | ||
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(47) Filing liens or recording written instruments | ||
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(b) The Department may refuse to issue or renew or may suspend the license of any person who fails to file a return, pay the tax, penalty or interest shown in a filed return, or pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of that tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (c) (Blank). (d) In cases where the Department of Healthcare and Family Services (formerly Department of Public Aid) has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (e) (Blank). (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 20-20. Nature of and grounds for discipline. (a) The Department may refuse to issue or renew a license, may place on probation, suspend, or revoke any license, reprimand, or take any other disciplinary or non-disciplinary action as the Department may deem proper and impose a fine not to exceed $25,000 for each violation upon any licensee or applicant under this Act or any person who holds oneself out as an applicant or licensee or against a licensee in handling one's own property, whether held by deed, option, or otherwise, for any one or any combination of the following causes: (1) Fraud or misrepresentation in applying for, or | ||
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(2) The licensee's conviction of or plea of guilty or | ||
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(3) Inability to practice the profession with | ||
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(4) Practice under this Act as a licensee in a retail | ||
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(5) Having been disciplined by another state, the | ||
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(6) Engaging in the practice of real estate brokerage | ||
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(7) Cheating on or attempting to subvert the Real | ||
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(8) Aiding or abetting an applicant to subvert or | ||
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(9) Advertising that is inaccurate, misleading, or | ||
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(10) Making any substantial misrepresentation or | ||
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(11) Making any false promises of a character likely | ||
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(12) Pursuing a continued and flagrant course of | ||
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(13) Any misleading or untruthful advertising, or | ||
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(14) Acting for more than one party in a transaction | ||
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(15) Representing or attempting to represent, or | ||
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(16) Failure to account for or to remit any moneys or | ||
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(17) Failure to maintain and deposit in a special | ||
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(A) disbursed prior to the consummation or | ||
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(B) deemed abandoned and transferred to the | ||
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The account shall be noninterest bearing, unless the | ||
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(18) Failure to make available to the Department all | ||
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(19) Failing to furnish copies upon request of | ||
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(20) Failure of a sponsoring broker or licensee to | ||
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(21) Engaging in dishonorable, unethical, or | ||
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(22) Commingling the money or property of others with | ||
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(23) Employing any person on a purely temporary or | ||
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(24) Permitting the use of one's license as a broker | ||
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(25) Any other conduct, whether of the same or a | ||
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(25.5) Failing to have a written brokerage agreement | ||
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(26) Displaying a "for rent" or "for sale" sign on | ||
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(27) Failing to provide information requested by the | ||
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(28) Advertising by means of a blind advertisement, | ||
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(29) A licensee under this Act or an unlicensed | ||
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(30) Influencing or attempting to influence, by any | ||
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(31) Engaging in any act that constitutes a violation | ||
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(32) Inducing any party to a contract of sale or | ||
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(33) Negotiating a sale, exchange, or lease of real | ||
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(34) When a licensee is also an attorney, acting as | ||
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(35) Advertising or offering merchandise or services | ||
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(36) (Blank). (37) Violating the terms of any order issued by the | ||
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(38) Paying or failing to disclose compensation in | ||
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(39) Requiring a party to a transaction who is not a | ||
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(40) Disregarding or violating any provision of this | ||
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(41) Failing to provide the minimum services required | ||
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(42) Habitual or excessive use of or addiction to | ||
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(43) Enabling, aiding, or abetting an auctioneer, as | ||
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(44) Permitting any residential leasing agent or | ||
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(45) Failing to notify the Department, within 30 days | ||
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(46) A designated managing broker's failure to | ||
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(47) Filing liens or recording written instruments in | ||
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(b) The Department may refuse to issue or renew or may suspend the license of any person who fails to file a return, pay the tax, penalty or interest shown in a filed return, or pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of that tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (c) (Blank). (d) In cases where the Department of Healthcare and Family Services (formerly Department of Public Aid) has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (e) (Blank). (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24; 103-1039, eff. 1-1-25.) |
(225 ILCS 454/20-20.1) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 20-20.1. Citations. (a) The Department may adopt rules to permit the issuance of citations to any licensee for failure to comply with the continuing education and post-license education requirements set forth in this Act or as adopted by rule. The citation shall be issued to the licensee, and a copy shall be sent to the licensee's designated managing broker and sponsoring broker. The citation shall contain the licensee's name and address, the licensee's license number, the number of required hours of continuing education or post-license education that have not been successfully completed by the licensee's renewal deadline, and the penalty imposed, which shall not exceed $2,000. The issuance of any such citation shall not excuse the licensee from completing all continuing education or post-license education required for that term of licensure. (b) Service of a citation shall be made by in person, electronically, or by mail to the licensee at the licensee's address of record or email address of record, and must clearly state that if the cited licensee wishes to dispute the citation, the cited licensee may make a written request, within 30 days after the citation is served, for a hearing before the Department. If the cited licensee does not request a hearing within 30 days after the citation is served, then the citation shall become a final, non-disciplinary order, and any fine imposed is due and payable within 60 days after that final order. If the cited licensee requests a hearing within 30 days after the citation is served, the Department shall afford the cited licensee a hearing conducted in the same manner as a hearing provided for in this Act for any violation of this Act and shall determine whether the cited licensee committed the violation as charged and whether the fine as levied is warranted. If the violation is found, any fine shall constitute non-public discipline and be due and payable within 30 days after the order of the Secretary, which shall constitute a final order of the Department. No change in license status may be made by the Department until such time as a final order of the Department has been issued. (c) Payment of a fine that has been assessed pursuant to this Section shall not constitute disciplinary action reportable on the Department's website or elsewhere unless a licensee has previously received 2 or more citations and has been assessed 2 or more fines. (d) Nothing in this Section shall prohibit or limit the Department from taking further action pursuant to this Act and rules for additional, repeated, or continuing violations. (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 20-20.1. Citations. (a) The Department may adopt rules to permit the issuance of citations to any licensee for failure to comply with the continuing education and post-license education requirements set forth in this Act or as adopted by rule. The citation shall be issued to the licensee. The citation shall contain the licensee's name and address, the licensee's license number, the number of required hours of continuing education or post-license education that have not been successfully completed by the licensee's renewal deadline, and the penalty imposed, which shall not exceed $2,000. The issuance of any such citation shall not excuse the licensee from completing all continuing education or post-license education required for that term of licensure. (b) Service of a citation shall be made by in person, electronically, or by mail to the licensee at the licensee's address of record or email address of record, and must clearly state that if the cited licensee wishes to dispute the citation, the cited licensee may make a written request, within 30 days after the citation is served, for a hearing before the Department. If the cited licensee does not request a hearing within 30 days after the citation is served, then a final, non-disciplinary order shall be entered, and any fine imposed is due and payable within 30 days after the entry of that final order. If the cited licensee requests a hearing within 30 days after the citation is served, the Department shall afford the cited licensee a hearing conducted in the same manner as a hearing provided for in this Act for any violation of this Act and shall determine whether the cited licensee committed the violation as charged and whether the fine as levied is warranted. If the violation is found, any fine shall constitute non-public discipline and be due and payable within 30 days after the order of the Secretary, which shall constitute a final order of the Department. No change in license status may be made by the Department until such time as a final order of the Department has been issued. (c) Payment of a fine that has been assessed pursuant to this Section shall not constitute disciplinary action reportable on the Department's website or elsewhere unless a licensee has previously received 2 or more citations and has been assessed 2 or more fines. (d) Nothing in this Section shall prohibit or limit the Department from taking further action pursuant to this Act and rules for additional, repeated, or continuing violations. (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24; 103-1039, eff. 1-1-25.) |
(225 ILCS 454/20-21)
Sec. 20-21. (Repealed).
(Source: P.A. 101-357, eff. 8-9-19. Repealed by P.A. 102-970, eff. 5-27-22.)
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(225 ILCS 454/20-21.1) (Section scheduled to be repealed on January 1, 2030) Sec. 20-21.1. Injunctions; cease and desist order. (a) If any person violates the provisions of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General or the State's Attorney for any county in which the action is brought, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or condition, and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act. (b) If, in the opinion of the Department, a person violates a provision of this Act, the Department may issue a ruling to show cause why an order to cease and desist should not be entered against that person. The rule shall clearly set forth the grounds relied upon by the Department and shall allow at least 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately. (c) Other than as provided in Section 5-20 of this Act, if any person practices as a managing broker, broker, or residential leasing agent or holds themselves out as a licensed sponsoring broker, managing broker, broker, or residential leasing agent under this Act without being issued a valid active license by the Department, then any licensed sponsoring broker, managing broker, broker, residential leasing agent, any interested party, or any person injured thereby may, in addition to the Secretary, petition for relief as provided in subsection (a).(Source: P.A. 103-236, eff. 1-1-24.) |
(225 ILCS 454/20-22) (Section scheduled to be repealed on January 1, 2030) Sec. 20-22. Violations. Any person who is found working or acting as a managing broker, broker, or residential leasing agent or holding oneself out as a licensed sponsoring broker, managing broker, broker, or residential leasing agent without being issued a valid active license is guilty of a Class A misdemeanor and, on conviction of a second or subsequent offense, the violator shall be guilty of a Class 4 felony.
(Source: P.A. 103-236, eff. 1-1-24.) |
(225 ILCS 454/20-23) (Section scheduled to be repealed on January 1, 2030) Sec. 20-23. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee, applicant, or any person who holds oneself out as a licensee or applicant that is filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 103-236, eff. 1-1-24.) |
(225 ILCS 454/20-25)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-25. Returned checks and dishonored credit card charges; fees. Any person who (1) delivers a check or other payment to the Department that is returned to the Department
unpaid by
the financial institution upon which it is drawn shall pay to the Department; or (2) presents a credit or debit card for payment that is invalid or expired or against which charges by the Department are declined or dishonored, in addition
to the amount
already owed to the Department, a fee of $50. The Department
shall notify the person that payment of fees and fines shall be paid to the Department
by certified
check or money order within 30 calendar days of the notification. If, after
the expiration of 30 days
from the date of the notification, the person has failed to submit the
necessary remittance, the Department
shall automatically revoke the license or deny the application, without hearing. If, after revocation
or denial, the person seeks a license, the person shall apply to the Department
for restoration or
issuance of the license and pay all fees and fines due to the Department. The Department may
establish a fee for the
processing of an application for restoration of a license to pay all expenses
of processing this
application. The Secretary may waive the fees due under this Section in
individual cases
where the Secretary finds that the fees would be unreasonable or
unnecessarily burdensome.
(Source: P.A. 103-236, eff. 1-1-24.)
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(225 ILCS 454/20-30)
Sec. 20-30. (Repealed).
(Source: P.A. 91-245, eff. 12-31-99. Repealed by P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/20-35)
Sec. 20-35. (Repealed).
(Source: P.A. 91-245, 12-31-99. Repealed by P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/20-40)
Sec. 20-40. (Repealed).
(Source: P.A. 91-245, eff. 12-31-99. Repealed by P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/20-45)
Sec. 20-45. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/20-50) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 20-50. Illegal discrimination.
When there has been an adjudication in a civil or criminal proceeding that a
licensee has illegally
discriminated while engaged in any activity for which a license is required
under this Act, the Department,
upon the recommendation of the Board as to the extent of the suspension or
revocation, shall
suspend or revoke the license of that licensee in a timely manner, unless the
adjudication is in the
appeal process. When there has been an order in an administrative proceeding
finding that a
licensee has illegally discriminated while engaged in any activity for which a
license is required
under this Act, the Department, upon recommendation of the Board as to the nature and
extent of the
discipline, shall take one or more of the disciplinary actions provided for in
Section 20-20 of this Act in a timely
manner, unless the administrative order is in the appeal process.(Source: P.A. 96-856, eff. 12-31-09.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 20-50. Illegal discrimination. When there has been an adjudication in a civil or criminal proceeding that a licensee has illegally discriminated while engaged in any activity for which a license is required under this Act, the Department, following notice to the licensee and a hearing in accordance with the provisions of Section 20-60, and upon the recommendation of the Board as to the nature and extent of the suspension or revocation, shall, in accordance with the provisions of Section 20-64, suspend or revoke the license of that licensee in a timely manner, unless the adjudication is in the appeal process. The finding or judgment of the civil or criminal proceeding is a matter of record; the merits of which shall not be challenged in a request for a hearing by the licensee. When there has been an order in an administrative proceeding finding that a licensee has illegally discriminated while engaged in any activity for which a license is required under this Act, the Department, following notice to the licensee and a hearing in accordance with the provisions of Section 20-60, and upon the recommendation of the Board as to the nature and extent of the discipline, shall, in accordance with the provisions of Section 20-64, take one or more of the disciplinary actions provided for in this Act in a timely manner, unless the administrative order is in the appeal process. The finding of the administrative order is a matter of record; the merits of which shall not be challenged in a request for a hearing by the licensee. (Source: P.A. 103-1039, eff. 1-1-25.) |
(225 ILCS 454/20-55)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-55. Illinois Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and
incorporated herein as if
all of the provisions of that Act were included in this Act, except that the
provision of subsection
(d) of Section 10-65 of the Illinois Administrative Procedure Act that provides
that at hearings the
licensee has the right to show compliance with all lawful requirements for
retention, continuation, or
renewal of the license is specifically excluded. For the purposes of this Act,
the notice required
under the Illinois Administrative Procedure Act is deemed sufficient when
mailed to the
last known address of record.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/20-60)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-60. Investigations notice and hearing. The Department may investigate the actions of any applicant or of any person who is an applicant or person or persons rendering or offering to render services for which a license is required by this Act or any person holding or claiming to hold a license under this Act and may notify the designated managing broker and sponsoring broker of the pending investigation. The Department shall, before revoking,
suspending, placing on probation, reprimanding, or taking any other disciplinary action under Article 20 of this Act, at least 30 days before the date set for the hearing, (i) notify the person charged and the designated managing broker and sponsoring broker in writing of the charges made and the time and place for the hearing on the charges and whether the licensee's license has been temporarily suspended pursuant to Section 20-65, (ii) direct the person to file a written answer to the charges with the
Board under oath within 20 days after service of the notice, and (iii) inform the person that failure to answer will result in a default or that the person's
license may be suspended, revoked, placed on probationary status,
or
other disciplinary
action taken with regard to the license, including limiting the scope, nature, or extent of the ability to practice, as the Department may consider proper. At the time and place fixed in the notice, the Board shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The Board may continue the hearing from time to time. In case the person, after receiving the
notice, fails to file an answer, the person's license may, in the discretion of the Department, be suspended,
revoked, placed on
probationary status, or the Department may take whatever disciplinary action considered
proper, including
limiting the scope, nature, or extent of the person's practice or the
imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient grounds for that
action under this Act. The notice may be served by mail, or, at the discretion of the Department, by electronic means as adopted by rule to the address or email address of record and shall include notice to the designated managing broker and sponsoring broker. A copy of the Department's final disciplinary order shall be delivered to the designated managing broker and sponsoring broker.
(Source: P.A. 103-236, eff. 1-1-24.)
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(225 ILCS 454/20-62) (Section scheduled to be repealed on January 1, 2030) Sec. 20-62. Record of proceedings; transcript. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case. The notice of hearing, complaint, all other documents in the nature of pleadings, written motions filed in the proceedings, the transcripts of testimony, the report of the Board, and orders of the Department shall be in the record of the proceeding.
(Source: P.A. 96-856, eff. 12-31-09.) |
(225 ILCS 454/20-63) (Section scheduled to be repealed on January 1, 2030)
Sec. 20-63. Subpoenas; depositions; oaths. The Department has the power to subpoena documents, books, records, or other materials and to bring before it any person and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed in civil cases in the courts of this State. The Secretary, the designated hearing officer, and every member of the Board has the power to administer oaths to witnesses at any hearing that the Department is authorized to conduct, and any other oaths authorized in an Act that is administered by the Department.
(Source: P.A. 96-856, eff. 12-31-09.) |
(225 ILCS 454/20-64) (Section scheduled to be repealed on January 1, 2030)
Sec. 20-64. Board; rehearing. At the conclusion of a hearing and following deliberation by the Board, a copy of the Board's report shall be served upon the applicant, licensee, or unlicensed person by the Department, either personally or as provided in this Act for the service of a notice of hearing. Within 20 days after service, the applicant or licensee may present to the Department a motion in writing for a rehearing, which shall specify the particular grounds for rehearing. The Department may respond to the motion, or if a motion for rehearing is denied, then upon denial, and except as provided in Section 20-72 of this Act, the Secretary may enter an order in accordance with the recommendations of the Board. If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, then the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.
(Source: P.A. 101-357, eff. 8-9-19.) |
(225 ILCS 454/20-65)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-65. Temporary suspension. The Secretary may temporarily suspend the license of a licensee without a
hearing,
simultaneously with the institution of proceedings for a hearing provided for
in Section 20-60 of this
Act, if the Secretary finds that the evidence indicates that the public
interest, safety, or welfare
imperatively requires emergency action. In the event that the Secretary
temporarily suspends
the license without a hearing before the Board, a hearing shall be commenced within
30 days after the
suspension has occurred. The suspended licensee may seek a continuance of the
hearing during
which the suspension shall remain in effect. The proceeding shall be concluded
without
appreciable delay.
(Source: P.A. 101-357, eff. 8-9-19.)
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(225 ILCS 454/20-66) (Section scheduled to be repealed on January 1, 2030) Sec. 20-66. Appointment of a hearing officer. The Secretary has the authority to appoint any attorney licensed to practice law in the State of Illinois to serve as the hearing officer in any action for refusal to issue, restore, or renew a license or to discipline a licensee, applicant, or unlicensed person. The hearing officer has full authority to conduct the hearing. Any Board member may attend the hearing. The hearing officer shall report his or her findings of fact, conclusions of law, and recommendations to the Board. The Board shall review the report of the hearing officer and present its findings of fact, conclusions of law, and recommendations to the Secretary and all parties to the proceeding. If the Secretary disagrees with a recommendation of the Board or of the hearing officer, then the Secretary may issue an order in contravention of the recommendation.
(Source: P.A. 101-357, eff. 8-9-19.) |
(225 ILCS 454/20-67) (Section scheduled to be repealed on January 1, 2030)
Sec. 20-67. Order or certified copy; prima facie proof. An order, or certified copy of an order, over the seal of the Department and purporting to be signed by the Secretary is prima facie proof that (i) the signature is the genuine signature of the Secretary, (ii) the Secretary is duly appointed and qualified, and (iii) the Board and its members are qualified to act.
(Source: P.A. 96-856, eff. 12-31-09.) |
(225 ILCS 454/20-68)
Sec. 20-68. (Repealed).
(Source: P.A. 96-856, eff. 12-31-09. Repealed by P.A. 101-357, eff. 8-9-19.)
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(225 ILCS 454/20-69) (Section scheduled to be repealed on January 1, 2030) Sec. 20-69. Restoration of a license. At any time after the successful completion of a term of suspension, revocation, or probation of a license, the Department may restore it to the licensee, upon the written recommendation of the Board, unless after an investigation and a hearing the Board determines that restoration is not in the public interest.
(Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.) |
(225 ILCS 454/20-70)
Sec. 20-70.
(Repealed).
(Source: P.A. 91-245, eff. 12-31-99. Repealed by P.A. 92-217, eff.
8-2-01.)
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(225 ILCS 454/20-72) (Section scheduled to be repealed on January 1, 2030)
Sec. 20-72. Secretary; rehearing. If the Secretary believes that substantial justice has not been done in the revocation or suspension of a license, with respect to refusal to issue, restore, or renew a license, or any other discipline of an applicant, licensee, or unlicensed person, then the Secretary may order a rehearing by the same or other examiners.
(Source: P.A. 103-236, eff. 1-1-24.) |
(225 ILCS 454/20-73) (Section scheduled to be repealed on January 1, 2030)
Sec. 20-73. Certifications of record; costs. The Department shall not be required to certify any record to the court, to file an answer in court, or to otherwise appear in any court in a judicial review proceeding unless there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Failure on the part of the plaintiff to file the receipt in court is grounds for dismissal of the action.
(Source: P.A. 96-856, eff. 12-31-09.) |
(225 ILCS 454/20-75)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-75. Administrative Review venue.
(a) All final administrative decisions of the Department are subject to judicial review under
the Administrative Review Law and its
rules. The term "administrative decision" is
defined in Section 3-101
of the Code of Civil Procedure. (b) Proceedings for judicial review shall be commenced in the circuit court of the court in which the party applying for review resides, but if the party is not a resident of Illinois, the venue shall be in Sangamon County or Cook County.
(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
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(225 ILCS 454/20-78) Sec. 20-78. (Repealed).
(Source: P.A. 97-1002, eff. 8-17-12. Repealed by P.A. 100-188, eff. 1-1-18.) |
(225 ILCS 454/20-80)
Sec. 20-80. (Repealed).
(Source: P.A. 91-245, eff. 12-31-99. Repealed by P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/20-82) (Section scheduled to be repealed on January 1, 2030) Sec. 20-82. Fines and penalties; Real Estate License Administration Fund; Real Estate Recovery Fund. All fines and penalties collected under Section 20-20, Section 20-20.1, and otherwise under this Act by the Department shall be deposited in the Real Estate License Administration Fund and may be transferred to the Real Estate Recovery Fund in accordance with the authority set forth in Section 25-35 of this Act.(Source: P.A. 103-1039, eff. 8-9-24.) |
(225 ILCS 454/20-85)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-85. Recovery from Real Estate Recovery Fund. The Department shall maintain a Real Estate Recovery Fund from which any person aggrieved
by an act,
representation, transaction, or conduct of a licensee or unlicensed employee of
a licensee that is
in violation of this Act or the rules promulgated pursuant thereto,
constitutes
embezzlement of money or property, or results in money or property being
unlawfully obtained
from any person by false pretenses, artifice, trickery, or forgery or by reason
of any fraud,
misrepresentation, discrimination, or deceit by or on the part of any such
licensee or the unlicensed
employee of a licensee and that results in a loss of actual cash money, as
opposed to losses in
market value, may recover. The aggrieved person may recover, by a post-judgment order of the
circuit court of the
county where the violation occurred in a proceeding described in Section 20-90 of this Act, an amount of not more than the amount adopted by rule from
the Fund for
damages sustained by the act, representation, transaction, or conduct, together
with costs of suit and
attorney's fees incurred in connection therewith.
The post-judgment order shall not include interest on the judgment.
The maximum liability against the Fund arising out of any one act shall be as adopted by rule, and the post-judgment order shall spread the award equitably among all
co-owners or otherwise
aggrieved persons, if any. The maximum liability against the Fund arising out
of the activities of
any one licensee or one unlicensed employee of a licensee in any one transaction or set of facts that formed the basis of a post-judgment order shall be as adopted by rule.
Nothing in this Section shall be construed to authorize recovery from the Fund
unless the loss of the aggrieved person results from an act or omission of a licensee under this Act
who was at the time of the act or omission
acting in such
capacity or was apparently acting in such capacity or their unlicensed employee and unless the aggrieved
person has obtained a
valid judgment and post-judgment order of the court as provided for in Section 20-90 of this Act.
(Source: P.A. 100-534, eff. 9-22-17; 101-357, eff. 8-9-19.)
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(225 ILCS 454/20-90)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-90. Collection from Real Estate Recovery Fund; procedure.
(a) No action for a judgment that subsequently results in a post-judgment order for
collection from the
Real Estate Recovery Fund shall be started later than 2 years after the date on
which the aggrieved
person knew, or through the use of reasonable diligence should have known, of
the acts or
omissions giving rise to a right of recovery from the Real Estate Recovery
Fund.
(b) When any aggrieved person commences action for a judgment that may
result in
collection from the Real Estate Recovery Fund, the aggrieved person must name
as parties
defendant to that action any and all licensees, their
employees, or independent contractors who allegedly committed or are responsible for acts or omissions
giving rise to a right
of recovery from the Real Estate Recovery Fund. Failure to name as parties
defendant such
licensees, their employees, or independent contractors shall preclude recovery
from the Real Estate
Recovery Fund of any portion of any judgment received in such an action. These parties defendant shall also include any corporations, limited
liability companies,
partnerships, registered limited liability partnership, or other business
associations licensed under this Act that may be
responsible for acts giving rise to a right of recovery from the Real Estate
Recovery Fund.
(c) (Blank).
(d) When any aggrieved person commences action for a judgment that may
result in
collection from the Real Estate Recovery Fund, and the aggrieved person is unable to obtain legal
and proper service upon the parties defendant licensed under this Act under the provisions of Illinois law concerning service of
process in civil actions, the aggrieved person may petition the court where the action to obtain
judgment was begun for an order to allow service of legal process on the Secretary. Service of
process on the Secretary shall be taken and held in that court to be as valid and binding as if
due service had been made upon the parties defendant licensed under this Act. In case any process mentioned in this Section is
served upon the Secretary, the Secretary shall forward a copy of the
process by certified
mail to the licensee's last address on record with the Department. Any judgment obtained
after service of
process on the Secretary under this Act shall apply to and be enforceable
against the Real
Estate Recovery Fund only. The Department may intervene in and defend any such action.
(e) (Blank).
(f) The aggrieved person shall give written notice to the Department within 30 days of
the entry of any
judgment that may result in collection from the Real Estate Recovery Fund. The
aggrieved person shall provide the Department with 20 days prior written notice of all
supplementary
proceedings so as to allow the Department to intervene and participate in all efforts to collect on the
judgment in the same manner as any party.
(g) When any aggrieved person recovers a valid judgment in any court of
competent
jurisdiction in an action in which the court has found the aggrieved person to be injured or otherwise damaged by any licensee or an unlicensed employee of any licensee as a result of
fraud, misrepresentation, discrimination, or deceit or intentional violation of this Act by the licensee or the unlicensed employee of the licensee, the aggrieved person may,
upon the termination
of all proceedings, including review and appeals in connection with the
judgment, file a verified
claim in the court in which the judgment was entered and, upon 30 days' written
notice to the Department,
and to the person against whom the judgment was obtained, may apply to the
court for a post-judgment order
directing payment from the Real Estate Recovery Fund of the amount unpaid
upon the judgment,
not including interest on the judgment, and subject to the limitations stated
in Section 20-85 of this
Act. The aggrieved person must set out in that verified claim and subsequently prove at an
evidentiary hearing to be
held by the court upon the application that the claim meets all requirements of Section 20-85 and this Section to be eligible for payment from the Real Estate Recovery Fund. The aggrieved party shall be required to
show that the
aggrieved person:
(1) Is not a spouse of the debtor or debtors or the | ||
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(2) Has complied with all the requirements of this | ||
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(3) Has obtained a judgment stating the amount | ||
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(4) Has shown evidence of the amount of attorney's | ||
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(h) If, after conducting the evidentiary hearing required under this Section, the court finds the aggrieved party has satisfied the requirements of Section 20-85 and this Section, the court shall, in a post-judgment order directed to the Department, order payment from
the Real Estate
Recovery Fund in the amount of the unpaid balance of the aggrieved party's judgment subject
to and in
accordance with the limitations contained in Section 20-85 of this Act.
(i) If the Department pays from the Real Estate Recovery Fund any amount in
settlement of a claim
or toward satisfaction of a judgment against any licensee
or an unlicensed
employee of a licensee, the licensee's license shall be automatically revoked
upon the issuance of a
post-judgment order authorizing payment from the Real Estate Recovery Fund. No
petition for restoration of
a license shall be heard until repayment has been made in full, plus interest
at the rate prescribed in
Section 12-109 of the Code of Civil Procedure of the amount paid from
the Real Estate Recovery Fund on their account, notwithstanding any provision to the contrary in Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. A discharge in bankruptcy shall
not relieve a
person from the penalties and disabilities provided in this subsection (i).
(j) If, at any time, the money deposited in the Real Estate Recovery Fund is
insufficient to
satisfy any duly authorized claim or portion thereof, the Department shall, when
sufficient money has been
deposited in the Real Estate Recovery Fund, satisfy such unpaid claims or
portions thereof, in the
order that such claims or portions thereof were originally filed, plus
accumulated interest at the rate
prescribed in Section 12-109 of the Code of Civil Procedure, provided that amount does not exceed the limits set forth in rules adopted by the Department.
(Source: P.A. 101-357, eff. 8-9-19.)
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(225 ILCS 454/20-95)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-95. Power of the Department to defend. When the Department receives any process, notice, order, or other document provided for
or
required under
Section 20-90 of this Act, it may enter an appearance, file an answer, appear
at the court hearing,
defend the action, or take whatever other action it deems appropriate on behalf
and in the name of
the parties defendant licensed under this Act or the Department and take recourse through any appropriate method of review on
behalf of and in the
name of the parties defendant licensed under this Act or the Department.
(Source: P.A. 96-856, eff. 12-31-09; 97-1002, eff. 8-17-12.)
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(225 ILCS 454/20-100)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-100. Subrogation of the Department to rights of judgment creditor. When, upon the order of the court, the Department has paid from the Real Estate Recovery
Fund any sum to
the judgment creditor, the Department shall be subrogated to all of the rights of the
judgment creditor and
the judgment creditor shall assign all rights, title, and interest in the
judgment to the Department and any
amount and interest so recovered by the Department on the judgment shall be deposited in
the Real Estate
Recovery Fund.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/20-105)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-105.
Waiver of rights for failure to comply.
The failure of an aggrieved person to comply with this Act relating to the
Real Estate Recovery
Fund shall constitute a waiver of any rights under Sections 20-85 and 20-90 of
this
Act.
(Source: P.A. 91-245, eff. 12-31-99.)
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(225 ILCS 454/20-110)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-110. Disciplinary actions of the Department not limited. Nothing contained in Sections 20-82 through 20-100 of this Act limits the
authority of the Department
to take
disciplinary action against any licensee for a violation of this Act or the
rules of the Department, nor shall the repayment in full of all obligations to the Real Estate
Recovery Fund by any
licensee nullify or modify the effect of any other disciplinary proceeding
brought pursuant to this
Act.
(Source: P.A. 102-970, eff. 5-27-22.)
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(225 ILCS 454/20-115)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-115. Time limit on action. No action may be taken by the Department against any person for violation of the terms of
this Act or its
rules unless the action is commenced within 5 years after the occurrence of the
alleged violation. This limitation shall not apply where it is alleged that an initial application for licensure under this Act contains false or misleading information.
(Source: P.A. 96-856, eff. 12-31-09; 97-1002, eff. 8-17-12.)
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(225 ILCS 454/20-120)
Sec. 20-120. (Repealed).
(Source: P.A. 91-245, eff. 12-31-99. Repealed by P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/20-125)
(Section scheduled to be repealed on January 1, 2030)
Sec. 20-125.
No private right of action.
Except as otherwise expressly provided for in this Act, nothing in this Act
shall be construed to
grant to any person a private right of action for damages or to enforce the
provisions of this Act or
the rules issued under this Act.
(Source: P.A. 91-245, eff. 12-31-99.)
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(225 ILCS 454/Art. 25 heading) ARTICLE 25.
ADMINISTRATION OF LICENSES
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(225 ILCS 454/25-5)
(Section scheduled to be repealed on January 1, 2030)
Sec. 25-5. The Department; powers and duties. The Department shall exercise the powers and duties prescribed by the Civil
Administrative Code of Illinois
for the administration of licensing acts and shall exercise such other powers
and duties as are
prescribed by this Act. The Department may contract with third parties for services or the development of courses
necessary for the proper
administration of this Act.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/25-10)
(Section scheduled to be repealed on January 1, 2030)
Sec. 25-10. Real Estate Administration and Disciplinary
Board;
duties.
There is created the Real Estate Administration and Disciplinary Board.
The Board shall be composed of 15 persons appointed by the Governor. Members
shall be
appointed to the Board subject to the following conditions:
(1) All members shall have been residents and | ||
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(2) Twelve members shall have been actively engaged | ||
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(3) Three members of the Board shall be public | ||
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None of these members shall be (i) a person who is licensed under this
Act or a similar Act of another jurisdiction, (ii) the spouse or immediate family member of a licensee, or (iii) a person who has an ownership interest in a
real estate brokerage
business.
The members' terms shall be for 4 years and until a successor is appointed. No member shall be reappointed to the Board for a term that would cause the member's cumulative service to the Board to exceed 12 years.
Appointments to fill vacancies shall be for the unexpired portion of the term. Those members of the Board that satisfy the requirements of paragraph (2) shall be chosen in a manner such that no area of the State shall be unreasonably represented.
In making the appointments, the Governor shall give
due consideration
to the recommendations by members and organizations of the profession.
The Governor may terminate the appointment of any member for cause that in the
opinion of the
Governor reasonably justifies the termination. Cause for termination shall
include without limitation
misconduct, incapacity, neglect of duty, or missing 4 board meetings during any
one fiscal
year.
Each member of the Board may receive a per diem stipend in an amount to be
determined by the Secretary. While engaged in the performance of duties, each member shall be reimbursed for necessary expenses. Such compensation and expenses shall be paid
out of the Real Estate
License Administration Fund.
The Secretary shall consider the recommendations of the Board on questions
involving
standards of professional conduct, discipline, education, and policies and procedures
under this Act. With regard to this subject matter, the Secretary may establish temporary or permanent committees of the Board and may consider the recommendations of the Board on matters that include, but are not limited to, criteria for the licensing and renewal of education providers, pre-license and continuing education instructors, pre-license and continuing education curricula, standards of educational criteria, and qualifications for licensure and renewal of professions, courses, and instructors. The Department, after notifying and considering the recommendations of the Board, if any,
may issue rules,
consistent with the provisions of this Act, for the administration and
enforcement thereof and may
prescribe forms that shall be used in connection therewith. Eight Board members shall constitute a quorum. A quorum is required for all Board decisions. A vacancy in the membership of the Board shall not impair the right of a quorum to exercise all of the rights and perform all of the duties of the Board. The Board shall elect annually, at its first meeting of the fiscal year, a vice chairperson who shall preside, with voting privileges, at meetings when the chairperson is not present. Members of the Board shall be immune from suit in an action based upon any disciplinary proceedings or other acts performed in good faith as members of the Board.
(Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
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(225 ILCS 454/25-13)
(Section scheduled to be repealed on January 1, 2030)
Sec. 25-13. Rules. The Department, after notifying and considering the recommendations of the Board, if any,
shall adopt,
promulgate, and issue any rules that may be necessary for the implementation
and enforcement of
this Act.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/25-14)
Sec. 25-14. (Repealed).
(Source: P.A. 96-856, eff. 12-31-09. Repealed by P.A. 101-357, eff. 8-9-19.)
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(225 ILCS 454/25-15)
(Section scheduled to be repealed on January 1, 2030)
Sec. 25-15. Real Estate Coordinator; duties. There shall be in the Department a Real Estate Coordinator,
appointed by the Secretary, who shall hold
a currently valid broker's license, which shall be transferred to inactive status during
the appointment.
The Real Estate Coordinator shall have the
following duties and responsibilities:
(1) act as Chairperson of the Board, ex officio, | ||
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(2) be the direct liaison between the Department, the | ||
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(3) prepare and circulate to licensees any | ||
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(4) appoint any necessary committees to assist in the | ||
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(5) subject to the administrative approval of the | ||
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In designating the Real Estate Coordinator, the
Secretary shall give due
consideration to
recommendations by members and organizations of the profession.
(Source: P.A. 101-357, eff. 8-9-19.)
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(225 ILCS 454/25-20)
(Section scheduled to be repealed on January 1, 2030)
Sec. 25-20. Staff. The Department shall employ a minimum of one investigator per 10,000 licensees and one prosecutor per 20,000 licensees in order to have sufficient staff to perform the Department's obligations under the Act.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/25-21) Sec. 25-21. (Repealed). (Source: P.A. 101-357, eff. 8-9-19. Repealed by P.A. 103-236, eff. 1-1-24.) |
(225 ILCS 454/25-25) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 25-25. Real Estate Research and Education Fund. A special fund to be known as the Real Estate Research and Education Fund is created and shall be held in trust in the State treasury. Annually, on September 15th, the State Treasurer shall cause a transfer of $125,000 to the Real Estate Research and Education Fund from the Real Estate License Administration Fund. The Real Estate Research and Education Fund shall be administered by the Department. Money deposited in the Real Estate Research and Education Fund may be used for research and for education at state institutions of higher education or other organizations for research and for education to further the advancement of education in the real estate industry or can be used by the Department for expenses related to the education of licensees. Of the $125,000 annually transferred into the Real Estate Research and Education Fund, $15,000 shall be used to fund a scholarship program for persons of minority racial origin who wish to pursue a course of study in the field of real estate. For the purposes of this Section, "course of study" means a course or courses that are part of a program of courses in the field of real estate designed to further an individual's knowledge or expertise in the field of real estate. These courses shall include, without limitation, courses that a broker licensed under this Act must complete to qualify for a managing broker's license, courses required to obtain the Graduate Realtors Institute designation, and any other courses or programs offered by accredited colleges, universities, or other institutions of higher education in Illinois. The scholarship program shall be administered by the Department or its designee. Moneys in the Real Estate Research and Education Fund may be invested and reinvested in the same manner as funds in the Real Estate Recovery Fund and all earnings, interest, and dividends received from such investments shall be deposited in the Real Estate Research and Education Fund and may be used for the same purposes as moneys transferred to the Real Estate Research and Education Fund. Moneys in the Real Estate Research and Education Fund may be transferred to the Professions Indirect Cost Fund as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (Source: P.A. 103-236, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 25-25. Real Estate Research and Education Fund. A special fund to be known as the Real Estate Research and Education Fund is created and shall be held in trust in the State treasury. Annually, on September 15th, the State Treasurer shall cause a transfer of $125,000 to the Real Estate Research and Education Fund from the Real Estate License Administration Fund. The Real Estate Research and Education Fund shall be administered by the Department. Money deposited in the Real Estate Research and Education Fund may be used for research and for education at state institutions of higher education or other organizations for research and for education to further the advancement of education in the real estate industry or can be used by the Department for expenses related to the education of licensees. Of the $125,000 annually transferred into the Real Estate Research and Education Fund, $15,000 shall be used to fund a scholarship program for persons of historically marginalized classes and who wish to pursue a course of study in the field of real estate. For the purposes of this Section: "Course of study" means a course or courses that are part of a program of courses in the field of real estate designed to further an individual's knowledge or expertise in the field of real estate. These courses shall include, without limitation, courses that a broker licensed under this Act must complete to qualify for a managing broker's license, courses required to obtain the Graduate Realtors Institute designation, and any other courses or programs offered by accredited colleges, universities, or other institutions of higher education in Illinois. "Historically marginalized classes" means a person of a race or national origin that is Native American or Alaska Native, Asian, Black or African American, Hispanic or Latino, or Native Hawaiian or Pacific Islander, or is a member of a protected class under the Illinois Human Rights Act within the context of affirmative action. The scholarship program shall be administered by the Department or its designee. Moneys in the Real Estate Research and Education Fund may be invested and reinvested in the same manner as funds in the Real Estate Recovery Fund and all earnings, interest, and dividends received from such investments shall be deposited in the Real Estate Research and Education Fund and may be used for the same purposes as moneys transferred to the Real Estate Research and Education Fund. Moneys in the Real Estate Research and Education Fund may be transferred to the Professions Indirect Cost Fund as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (Source: P.A. 103-236, eff. 1-1-24; 103-1039, eff. 1-1-25.) |
(225 ILCS 454/25-30) (Section scheduled to be repealed on January 1, 2030) Sec. 25-30. Real Estate License Administration Fund; audit. A special fund to be known as the Real Estate License Administration Fund is created in the State Treasury. All fines, penalties, and fees received by the Department under this Act shall be deposited in the Real Estate License Administration Fund. The moneys deposited in the Real Estate License Administration Fund shall be appropriated to the Department for expenses of the Department and the Board in the administration of this Act, including, but not limited to, the maintenance and operation of the Real Estate Recovery Fund, and for the administration of any Act administered by the Department providing revenue to this Fund. Moneys in the Real Estate License Administration Fund may be invested and reinvested in the same manner as funds in the Real Estate Recovery Fund. All earnings received from such investment shall be deposited in the Real Estate License Administration Fund and may be used for the same purposes as fines, penalties, and fees deposited in the Real Estate License Administration Fund. Moneys in the Real Estate License Administration Fund may be transferred to the Professions Indirect Cost Fund as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois and to the Real Estate Recovery Fund as authorized by Section 25-35 of this Act. Upon the completion of any audit of the Department, as prescribed by the Illinois State Auditing Act, which includes an audit of the Real Estate License Administration Fund, the Department shall make the audit open to inspection by any interested person.(Source: P.A. 103-1039, eff. 8-9-24.) |
(225 ILCS 454/25-35) (Section scheduled to be repealed on January 1, 2030) Sec. 25-35. Real Estate Recovery Fund. A special fund to be known as the Real Estate Recovery Fund is created in the State Treasury. The money in the Real Estate Recovery Fund shall be used by the Department exclusively for carrying out the purposes established by this Act. If, at any time, the balance remaining in the Real Estate Recovery Fund is less than $900,000, the State Treasurer shall cause a transfer of moneys to the Real Estate Recovery Fund from the Real Estate License Administration Fund in an amount necessary to establish a balance of $1,000,000 in the Real Estate Recovery Fund. If the balance in the Real Estate Recovery Fund exceeds $1,000,000, any excess funds over $1,000,000 shall be transferred to the Real Estate License Administration Fund. These funds may be invested and reinvested in the same manner as authorized for pension funds in Article 1 of the Illinois Pension Code. All earnings, interest, and dividends received from investment of funds in the Real Estate Recovery Fund shall be deposited into the Real Estate License Administration Fund and shall be used for the same purposes as other moneys deposited in the Real Estate License Administration Fund. (Source: P.A. 103-1039, eff. 8-9-24.) |
(225 ILCS 454/25-37)
Sec. 25-37. (Repealed).
(Source: P.A. 96-856, eff. 12-31-09. Repealed by P.A. 101-357, eff. 8-9-19.)
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(225 ILCS 454/25-38) Sec. 25-38. (Repealed). (Source: P.A. 102-970, eff. 5-27-22. Repealed internally, eff. 10-1-23.) |
(225 ILCS 454/25-40)
(Section scheduled to be repealed on January 1, 2030)
Sec. 25-40. Exclusive State powers and functions; municipal powers. It is declared to be the public policy of this State, pursuant to paragraphs
(h) and (i) of Section 6 of
Article VII of the Illinois Constitution of 1970, that any power or function
set forth in this Act to be
exercised by the State is an exclusive State power or function. Such power or
function shall not be
exercised concurrently, either directly or indirectly, by any unit of local
government, including
home rule units, except as otherwise provided in this Act.
Nothing in this Section shall be construed to affect or impair the validity of
Section 11-11.1-1 of the
Illinois Municipal Code, as amended, or to deny to the corporate authorities of
any municipality the
powers granted in the Illinois Municipal Code to enact ordinances prescribing
fair housing
practices; defining unfair
housing practices; establishing Fair Housing or Human Relations Commissions and
standards for
the operation of these commissions in the administration and enforcement of
such
ordinances;
prohibiting discrimination based on race, color, creed, ancestry, national
origin or physical or
mental disability in the listing, sale, assignment, exchange, transfer, lease,
rental, or financing of real
property for the purpose of the residential occupancy thereof; and prescribing
penalties for
violations of such ordinances.
(Source: P.A. 99-143, eff. 7-27-15.)
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(225 ILCS 454/Art. 30 heading)
ARTICLE 30. EDUCATION PROVIDERS AND COURSES
(Source: P.A. 100-188, eff. 1-1-18.)
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(225 ILCS 454/30-5) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 30-5. Licensing of real estate education providers and
instructors. (a) No person shall operate an education provider entity without possessing a valid and active license issued by the Department. Only education providers in possession of a valid education provider license may provide real estate pre-license, post-license, or continuing education courses that satisfy the requirements of this Act. Every person that desires to obtain an education provider license shall make application to the Department in a manner prescribed by the Department and pay the fee prescribed by rule. In addition to any other information required to be contained in the application as prescribed by rule, every application for an original or renewed license shall include the applicant's Social Security number or tax identification number. (b) (Blank). (c) (Blank). (d) (Blank). (e) (Blank). (f) To qualify for an education provider license, an applicant must demonstrate the following: (1) a sound financial base for establishing, | ||
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(2) a sufficient number of qualified, licensed | ||
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(3) adequate support personnel to assist with | ||
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(4) maintenance and availability of records of | ||
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(5) the ability to provide each participant who | ||
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(6) a written policy dealing with procedures for the | ||
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(7) lesson plans and examinations, if applicable, for | ||
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(8) a 75% passing grade for successful completion of | ||
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(9) the ability to identify and use instructors who | ||
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(A) appropriate credentials; (B) competence as a teacher; (C) knowledge of content area; and (D) qualification by experience. Unless otherwise provided for in this Section, the education provider shall provide a proctor or an electronic means of proctoring for each examination; the education provider shall be responsible for the conduct of the proctor; the duties and responsibilities of a proctor shall be established by rule. Unless otherwise provided for in this Section, the education provider must provide for closed book examinations for each course unless the Department, upon the recommendation of the Board, excuses this requirement based on the complexity of the course material. (g) Advertising and promotion of education activities must be carried out in a responsible fashion clearly showing the educational objectives of the activity, the nature of the audience that may benefit from the activity, the cost of the activity to the participant and the items covered by the cost, the amount of credit that can be earned, and the credentials of the faculty. (h) The Department may, or upon request of the Board shall, after notice, cause an education provider to attend an informal conference before the Board for failure to comply with any requirement for licensure or for failure to comply with any provision of this Act or the rules for the administration of this Act. The Board shall make a recommendation to the Department as a result of its findings at the conclusion of any such informal conference. (i) All education providers shall maintain these minimum criteria and pay the required fee in order to retain their education provider license. (j) The Department may adopt any administrative rule consistent with the language and intent of this Act that may be necessary for the implementation and enforcement of this Section. (Source: P.A. 100-188, eff. 1-1-18; 100-831, eff. 1-1-19; 101-357, eff. 8-9-19.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 30-5. Licensing of real estate education providers and instructors. (a) No person shall operate an education provider entity without possessing a valid and active license issued by the Department. Only education providers in possession of a valid education provider license may provide real estate pre-license, post-license, or continuing education courses that satisfy the requirements of this Act. Every person that desires to obtain an education provider license shall make application to the Department in a manner prescribed by the Department and pay the fee prescribed by rule. In addition to any other information required to be contained in the application as prescribed by rule, every application for an original or renewed license shall include the applicant's Social Security number or tax identification number. (b) (Blank). (c) (Blank). (d) (Blank). (e) (Blank). (f) To qualify for an education provider license, an applicant must demonstrate the following: (1) a sound financial base for establishing, | ||
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(2) a sufficient number of qualified, licensed | ||
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(3) adequate support personnel to assist with | ||
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(4) maintenance and availability of records of | ||
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(5) the ability to provide each participant who | ||
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(6) a written policy dealing with procedures for the | ||
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(7) lesson plans and examinations, if applicable, for | ||
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(8) a 75% passing grade for successful completion of | ||
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(9) the ability to identify and use instructors who | ||
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(A) appropriate credentials; (B) competence as a teacher; (C) knowledge of content area; and (D) qualification by experience. Unless otherwise provided for in this Section, the education provider shall provide a proctor or an electronic means of proctoring if a proctored examination is required; the education provider shall be responsible for the conduct of the proctor; the duties and responsibilities of a proctor shall be established by rule. Unless otherwise provided for in this Section, the education provider shall provide for closed book examinations for each course when required unless the Department, upon the recommendation of the Board, excuses this requirement based on the complexity of the course material. (g) Advertising and promotion of education activities must be carried out in a responsible fashion clearly showing the educational objectives of the activity, the nature of the audience that may benefit from the activity, the cost of the activity to the participant and the items covered by the cost, the amount of credit that can be earned, and the credentials of the faculty. (h) (Blank). (i) All education providers shall maintain these minimum criteria and pay the required fee in order to retain their education provider license. (j) The Department may adopt any administrative rule consistent with the language and intent of this Act that may be necessary for the implementation and enforcement of this Section and to regulate the establishment and operation of virtual offices that do not have a fixed location. (Source: P.A. 103-1039, eff. 1-1-25.) |
(225 ILCS 454/30-10)
Sec. 30-10. (Repealed).
(Source: P.A. 96-856, eff. 12-31-09. Repealed by P.A. 100-188, eff. 1-1-18.)
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(225 ILCS 454/30-15) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 30-15. Licensing of education providers; approval of
courses. (a) (Blank). (b) (Blank). (c) (Blank). (d) (Blank). (e) (Blank). (f) All education providers shall submit, at the time of initial
application and
with each license renewal, a list of courses with course materials that comply with the course requirements in this Act to be
offered by the education provider. The Department may establish an online mechanism by which education providers may submit for approval by the Department upon the recommendation of the Board or its designee pre-license, post-license, or continuing education courses that
are submitted
after the time of the education provider's initial license application or renewal. The Department shall provide to each education provider
a certificate for each approved pre-license, post-license, or continuing education course. All pre-license, post-license, or
continuing education
courses shall be valid for the period coinciding with the term of license of
the education provider. However, in no case shall a course continue to be valid if it does not, at all times, meet all of the requirements of the core curriculum established by this Act and the Board, as modified from time to time in accordance with this Act. All education providers shall provide a copy of the
certificate of the pre-license, post-license, or continuing
education course within the course materials given to each student or shall
display a copy of the
certificate of the pre-license, post-license, or continuing education course in a conspicuous place at the
location of the class. (g) Each education provider shall provide to the Department a report
in a
frequency and format determined by the Department, with information concerning students who
successfully completed all
approved pre-license, post-license, or continuing education courses offered by the education provider. (h) The Department, upon the recommendation of the Board, may temporarily
suspend a licensed education provider's approved courses without
hearing and refuse to
accept successful completion of or participation in any of these pre-license, post-license, or continuing
education courses for
education credit from that education provider upon the failure of that
education provider
to comply with the provisions of this Act or the rules for the administration
of this Act, until such
time as the Department receives satisfactory assurance of compliance. The Department shall notify
the
education provider of the noncompliance and may initiate disciplinary
proceedings pursuant to
this Act. The Department
may refuse to issue, suspend, revoke, or otherwise discipline the license
of an
education provider or may withdraw approval of a pre-license, post-license, or continuing education course for
good cause.
Failure to comply with the requirements of this Section or any other
requirements
established by rule shall
be deemed to be good cause. Disciplinary proceedings shall be conducted by the
Board in the same
manner as other disciplinary proceedings under this Act. (i) Pre-license, post-license, and continuing education courses, whether submitted for approval at the time of an education provider's initial application for licensure or otherwise, must meet the following minimum course requirements: (1) Continuing education courses shall be required to | ||
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(2) All core curriculum courses shall be provided | ||
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(3) Courses provided through a live, interactive | ||
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(4) All participants in courses provided in an online | ||
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(5) Credit for courses completed in a classroom or | ||
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(6) Credit for courses provided through | ||
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(j) The Department is authorized to engage a third party as the Board's designee to perform the functions specifically provided for in subsection (f) of this Section, namely that of administering the online system for receipt, review, and approval or denial of new courses. (k) The Department may adopt any administrative rule consistent with the language and intent of this Act that may be necessary for the implementation and enforcement of this Section. (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 30-15. Licensing of education providers; approval of courses. (a) (Blank). (b) (Blank). (c) (Blank). (d) (Blank). (e) (Blank). (f) All education providers shall submit, at the time of initial application and with each license renewal, a list of courses with course materials that comply with the course requirements in this Act to be offered by the education provider. The Department may establish an online mechanism by which education providers may submit for approval by the Department upon the recommendation of the Board or its designee pre-license, post-license, or continuing education courses that are submitted after the time of the education provider's initial license application or renewal. The Department shall provide to each education provider a certificate for each approved pre-license, post-license, or continuing education course. All pre-license, post-license, or continuing education courses shall be valid for the period coinciding with the term of license of the education provider. However, in no case shall a course continue to be valid if it does not, at all times, meet all of the requirements of the core curriculum established by this Act and the Board, as modified from time to time in accordance with this Act. All education providers shall provide a copy of the certificate of the pre-license, post-license, or continuing education course within the course materials given to each student or shall display a copy of the certificate of the pre-license, post-license, or continuing education course in a conspicuous place at the location of the class. (g) Each education provider shall provide to the Department a report in a frequency and format determined by the Department, with information concerning students who successfully completed all approved pre-license, post-license, or continuing education courses offered by the education provider. (h) The Department, upon the recommendation of the Board, may temporarily suspend a licensed education provider's approved courses without hearing and refuse to accept successful completion of or participation in any of these pre-license, post-license, or continuing education courses for education credit from that education provider upon the failure of that education provider to comply with the provisions of this Act or the rules for the administration of this Act, until such time as the Department receives satisfactory assurance of compliance. The Department shall notify the education provider of the noncompliance and may initiate disciplinary proceedings pursuant to this Act. The Department may refuse to issue, suspend, revoke, or otherwise discipline the license of an education provider or may withdraw approval of a pre-license, post-license, or continuing education course for good cause. Failure to comply with the requirements of this Section or any other requirements established by rule shall be deemed to be good cause. Disciplinary proceedings shall be conducted by the Department in the same manner as other disciplinary proceedings under this Act. (i) Pre-license, post-license, and continuing education courses, whether submitted for approval at the time of an education provider's initial application for licensure or otherwise, must meet the following minimum course requirements: (1) Continuing education courses shall be required to | ||
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(2) All core curriculum courses shall be provided | ||
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(3) Courses provided through a live, interactive | ||
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(4) All participants in courses provided in an online | ||
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(5) Credit for courses completed in a classroom or | ||
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(6) Credit for courses provided through | ||
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(j) The Department is authorized to engage a third party as the Board's designee to perform the functions specifically provided for in subsection (f) of this Section, namely that of administering the online system for receipt, review, and approval or denial of new courses. (k) The Department may adopt any administrative rule consistent with the language and intent of this Act that may be necessary for the implementation and enforcement of this Section. (Source: P.A. 102-970, eff. 5-27-22; 103-1039, eff. 1-1-25.) |
(225 ILCS 454/30-20)
(Section scheduled to be repealed on January 1, 2030)
Sec. 30-20. Fees for education provider license; renewal; term. All applications for an education provider license shall be
accompanied by a
nonrefundable application fee in an amount established by rule.
All
education providers
shall be required to submit a renewal application, the required fee as
established by rule, and a
listing of the courses to be offered during the year in order to renew their
education provider
licenses. The term for an education provider license shall be 2 years.
The fees collected under this Article 30 shall be deposited in the Real Estate
License Administration Fund and
shall be used to defray the cost of administration of the program and per diem
of the Board as determined by the Secretary.
(Source: P.A. 100-188, eff. 1-1-18.)
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(225 ILCS 454/30-25) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 30-25. Licensing of education provider instructors. (a) No person shall act as either a pre-license or continuing education instructor without possessing a
valid pre-license or continuing
education instructor license and satisfying any other qualification criteria adopted by the Department by rule. (a-5) Each person with a valid pre-license instructor license may teach pre-license, post-license, continuing education core curriculum, continuing education elective curriculum, or broker management education courses if they meet specific criteria adopted by the Department by rule. Those persons who have not met the criteria or who only possess a valid continuing education instructor license shall only teach continuing education elective curriculum courses. Any person with a valid continuing education instructor license who wishes to teach continuing education core curriculum or broker management continuing education courses must obtain a valid pre-license instructor license. (b) Every person who desires to obtain an education provider instructor's license shall attend and successfully complete a one-day instructor development workshop, as approved by the Department. However, pre-license instructors who have complied with subsection (b) of this Section 30-25 shall not be required to complete the instructor workshop in order to teach continuing education elective curriculum courses. (b-5) The term of licensure for a pre-license or continuing education instructor shall be 2 years, with renewal dates adopted by rule. Every person who desires to obtain a pre-license or continuing education instructor
license shall make
application to the Department in a manner prescribed by the Department, accompanied
by the fee adopted
by rule. In addition to any other information required to be
contained in the application,
every application for an original license shall include the
applicant's Social Security
number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license. Every application for a renewal or restored license shall require the applicant's customer identification number. The Department shall issue a pre-license or continuing education instructor license to
applicants who meet
qualification criteria established by this Act or rule. (c) The Department may refuse to issue, suspend, revoke, or otherwise discipline a
pre-license or continuing education
instructor for good cause. Disciplinary proceedings shall be conducted by the
Board in the same
manner as other disciplinary proceedings under this Act. All pre-license instructors must teach at least one pre-license or continuing education core curriculum course within the period of licensure as a requirement for renewal of the instructor's license. All continuing
education instructors
must teach at least one course within the period of licensure or take an
instructor training program
approved by the Department in lieu thereof as a requirement for renewal of the instructor's license. (d) Each course transcript submitted by an education provider to the Department shall include the name and license number of the pre-license or continuing education instructor for the course. (e) Licensed education provider instructors may teach for more than one licensed education provider. (f) The Department may adopt any administrative rule consistent with the language and intent of this Act that may be necessary for the implementation and enforcement of this Section. (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.) (Text of Section after amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 30-25. Licensing of education provider instructors. (a) No person shall act as either a pre-license or continuing education instructor without possessing a valid pre-license or continuing education instructor license and satisfying any other qualification criteria adopted by the Department by rule. (a-5) Each person with a valid pre-license instructor license may teach pre-license, post-license, continuing education core curriculum, continuing education elective curriculum, or broker management education courses if they meet specific criteria adopted by the Department by rule. Those persons who have not met the criteria or who only possess a valid continuing education instructor license shall only teach continuing education elective curriculum courses. Any person with a valid continuing education instructor license who wishes to teach continuing education core curriculum or broker management continuing education courses must obtain a valid pre-license instructor license. (b) Every person who desires to obtain an education provider instructor's license shall attend and successfully complete a one-day instructor development workshop, as approved by the Department. However, pre-license instructors who have complied with subsection (b) of this Section 30-25 shall not be required to complete the instructor workshop in order to teach continuing education elective curriculum courses. (b-5) The term of licensure for a pre-license or continuing education instructor shall be 2 years, with renewal dates adopted by rule. Every person who desires to obtain a pre-license or continuing education instructor license shall make application to the Department in a manner prescribed by the Department, accompanied by the fee adopted by rule. In addition to any other information required to be contained in the application, every application for an original license shall include the applicant's Social Security number or federal individual taxpayer identification number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license. Every application for a renewal or restored license shall require the applicant's customer identification number. The Department shall issue a pre-license or continuing education instructor license to applicants who meet qualification criteria established by this Act or rule. (c) The Department may refuse to issue, suspend, revoke, or otherwise discipline a pre-license or continuing education instructor for good cause. Disciplinary proceedings shall be conducted by the Department in the same manner as other disciplinary proceedings under this Act. All pre-license instructors must teach at least one pre-license or continuing education core curriculum course within the period of licensure as a requirement for renewal of the instructor's license. All continuing education instructors must teach at least one course within the period of licensure or take an instructor training program approved by the Department in lieu thereof as a requirement for renewal of the instructor's license. (d) Each course transcript submitted by an education provider to the Department shall include the name and license number of the pre-license or continuing education instructor for the course. (e) Licensed education provider instructors may teach for more than one licensed education provider. (f) The Department may adopt any administrative rule consistent with the language and intent of this Act that may be necessary for the implementation and enforcement of this Section. (Source: P.A. 102-970, eff. 5-27-22; 103-1039, eff. 1-1-25.) |
(225 ILCS 454/30-30)
Sec. 30-30. (Repealed).
(Source: P.A. 91-245, eff. 12-31-99. Repealed by P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/Art. 35 heading) ARTICLE 35.
TRANSITION RULES
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(225 ILCS 454/35-5)
(Section scheduled to be repealed on January 1, 2030)
Sec. 35-5. Savings provisions.
(a) This Act is intended to replace the Real Estate License Act of 1983 in
all respects.
(b) The rights, powers, and duties exercised by
the
Office of Banks and
Real Estate under the Real Estate License Act of 1983 shall continue to be
vested in, be the
obligation of, and shall be exercised by the Division of Real Estate of the Department of Financial and Professional Regulation
under the provisions of
this Act.
(c) This Act does not affect any act done, ratified, or cancelled, or any
right occurring or
established, or any action or proceeding had or commenced in an administrative,
civil, or criminal
cause before December 31, 1999, by the Office of Banks and Real Estate under
the
Real Estate License
Act of 1983, and those actions or proceedings may be prosecuted and continued
by the Division of Real Estate of the Department of Financial and Professional Regulation under this Act.
(d) This Act does not affect any license, certificate, permit, or other form
of licensure or
authorization issued by the Office of Banks and Real Estate under the Real
Estate License Act of
1983 or by the Division of Professional Regulation of the Department of Financial and Professional Regulation under this Act, and all such licenses, certificates, permits, or other form of licensure
or authorization shall
continue to be valid under the terms and conditions of this Act.
(e) The rules adopted by the Office of Banks and Real Estate relating to the
Real Estate License
Act of 1983, unless inconsistent with the provisions of this Act, are not
affected by this Act, and on
December 31, 1999 those rules become the rules under this Act. The Office of
Banks
and Real Estate shall,
as soon as practicable, adopt new or amended rules consistent with the
provisions of this Act.
(f) This Act does not affect any discipline, suspension, or termination
taken under the Real
Estate License Act of 1983 and that discipline, suspension, or termination
shall be continued under
this Act.
(g) This Act does not affect any appointments, term limitations, years
served, or other matters
relating to individuals serving on any board or council under the Real Estate
License Act of 1983,
and these appointments, term limitations, years served, and other matters shall
be continued under
this Act.
(Source: P.A. 99-227, eff. 8-3-15.)
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(225 ILCS 454/35-10)
(Section scheduled to be repealed on January 1, 2030)
Sec. 35-10.
Money in Funds.
Transfer of moneys and
appropriations
moneys held in or appropriations to the Real Estate License Administration
Fund, Real Estate
Recovery Fund, or Real Estate Research and Education Fund for the purpose of
administering and
enforcing the Real Estate License Act of 1983 shall be transferred to and held
in those same funds
for the purpose of administering and enforcing the provisions of this Act.
(Source: P.A. 91-245, eff. 12-31-99.)
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(225 ILCS 454/Art. 905 heading) ARTICLE 905.
AMENDATORY PROVISIONS
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(225 ILCS 454/905-5)
Sec. 905-5.
(Amendatory provisions; text omitted).
(Source: P.A. 91-245, eff. 12-31-99; text omitted.)
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(225 ILCS 454/905-10)
Sec. 905-10.
(Amendatory provisions; text omitted).
(Source: P.A. 91-245, eff. 12-31-99; text omitted.)
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(225 ILCS 454/905-15)
Sec. 905-15.
(Amendatory provisions; text omitted).
(Source: P.A. 91-245, eff. 12-31-99; text omitted.)
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(225 ILCS 454/905-20)
Sec. 905-20.
(Amendatory provisions; text omitted).
(Source: P.A. 91-245, eff. 12-31-99; text omitted.)
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(225 ILCS 454/905-25)
Sec. 905-25.
(Amendatory provisions; text omitted).
(Source: P.A. 91-245, eff. 12-31-99; text omitted.)
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(225 ILCS 454/905-30)
Sec. 905-30.
(Amendatory provisions; text omitted).
(Source: P.A. 91-245, eff. 12-31-99; text omitted.)
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(225 ILCS 454/905-35)
Sec. 905-35.
(Amendatory provisions; text omitted).
(Source: P.A. 91-245, eff. 12-31-99; text omitted.)
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(225 ILCS 454/905-40)
Sec. 905-40.
(Amendatory provisions; text omitted).
(Source: P.A. 91-245, eff. 12-31-99; text omitted.)
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(225 ILCS 454/905-45)
Sec. 905-45.
(Amendatory provisions; text omitted).
(Source: P.A. 91-245, eff. 12-31-99; text omitted.)
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(225 ILCS 454/Art. 990 heading) ARTICLE 990.
REPEALER
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(225 ILCS 454/990-90)
(Section scheduled to be repealed on January 1, 2030)
Sec. 990-90.
The Real Estate License Act of 1983 is repealed.
(Source: P.A. 91-245, eff. 12-31-99.)
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(225 ILCS 454/Art. 999 heading) ARTICLE 999.
EFFECTIVE DATE
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(225 ILCS 454/999-99)
(Section scheduled to be repealed on January 1, 2030)
Sec. 999-99.
Effective date.
This Act takes effect
December 31, 1999.
(Source: P.A. 91-245, eff. 12-31-99.)
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