Bill Text: IL SB1872 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Real Estate Brokerage Act from January 1, 2020 to January 1, 2030. Amends the Real Estate License Act of 2000. Adds provisions concerning the temporary practice as a designated managing broker. Makes changes in provisions concerning legislative intent; definitions; applications for managing broker, broker, and leasing agent licenses; requirements for licensure; exemptions from licensure; consideration of prior revocations, conduct, and convictions; examinations; sponsorships; contact information; offices; expiration and renewal of licenses; continuing education requirements; payment of compensation; advertising; agency relationships; recovery from the Real Estate Recovery Fund; and licensing of education provider instructors. Changes references to "leasing agents" to "residential leasing agents" throughout the Act. Provides that, if the party applying for judicial review is not a resident of the State of Illinois, the venue shall be Cook County (rather than Sangamon County). Repeals provisions concerning the Real Estate Audit Fund; surrender of licenses upon revocation or suspension; and advisory letters. Makes other changes. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0357 [SB1872 Detail]
Download: Illinois-2019-SB1872-Enrolled.html
Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Real Estate Brokerage Act from January 1, 2020 to January 1, 2030. Amends the Real Estate License Act of 2000. Adds provisions concerning the temporary practice as a designated managing broker. Makes changes in provisions concerning legislative intent; definitions; applications for managing broker, broker, and leasing agent licenses; requirements for licensure; exemptions from licensure; consideration of prior revocations, conduct, and convictions; examinations; sponsorships; contact information; offices; expiration and renewal of licenses; continuing education requirements; payment of compensation; advertising; agency relationships; recovery from the Real Estate Recovery Fund; and licensing of education provider instructors. Changes references to "leasing agents" to "residential leasing agents" throughout the Act. Provides that, if the party applying for judicial review is not a resident of the State of Illinois, the venue shall be Cook County (rather than Sangamon County). Repeals provisions concerning the Real Estate Audit Fund; surrender of licenses upon revocation or suspension; and advisory letters. Makes other changes. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0357 [SB1872 Detail]
Download: Illinois-2019-SB1872-Enrolled.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Section 4.30 and by adding Section 4.40 as follows:
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6 | (5 ILCS 80/4.30) | ||||||
7 | Sec. 4.30. Acts repealed on January 1, 2020. The following | ||||||
8 | Acts are repealed on January 1, 2020: | ||||||
9 | The Auction License Act. | ||||||
10 | The Community Association Manager Licensing and | ||||||
11 | Disciplinary Act. | ||||||
12 | The Illinois Architecture Practice Act of 1989. | ||||||
13 | The Illinois Landscape Architecture Act of 1989. | ||||||
14 | The Illinois Professional Land Surveyor Act of 1989. | ||||||
15 | The Orthotics, Prosthetics, and Pedorthics Practice Act. | ||||||
16 | The Perfusionist Practice Act.
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17 | The Pharmacy Practice Act. | ||||||
18 | The Professional Engineering Practice Act of 1989. | ||||||
19 | The Real Estate License Act of 2000. | ||||||
20 | The Structural Engineering Practice Act of 1989. | ||||||
21 | (Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; | ||||||
22 | 100-863, eff. 8-14-18.)
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1 | (5 ILCS 80/4.40 new) | ||||||
2 | Sec. 4.40. Act repealed on January 1, 2030. The following | ||||||
3 | Act is repealed on January 1, 2030: | ||||||
4 | The Real Estate License Act of 2000.
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5 | Section 10. The Real Estate License Act of 2000 is amended | ||||||
6 | by changing Sections 1-5, 1-10, 5-5, 5-6, 5-7, 5-10, 5-15, | ||||||
7 | 5-20, 5-25, 5-27, 5-28, 5-35, 5-40, 5-41, 5-45, 5-50, 5-60, | ||||||
8 | 5-70, 5-75, 10-5, 10-10, 10-15, 10-20, 10-30, 10-35, 15-5, | ||||||
9 | 15-10, 15-15, 15-25, 15-35, 15-45, 15-50, 15-65, 15-75, 20-5, | ||||||
10 | 20-10, 20-15, 20-20, 20-21, 20-22, 20-25, 20-60, 20-64, 20-65, | ||||||
11 | 20-66, 20-72, 20-75, 20-85, 20-90, 25-15, 25-21, 25-25, 30-5, | ||||||
12 | 30-15, and 30-25 and by adding Sections 5-29, 10-50, 10-55, and | ||||||
13 | 20-20.1 as follows:
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14 | (225 ILCS 454/1-5)
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15 | (Section scheduled to be repealed on January 1, 2020)
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16 | Sec. 1-5. Legislative intent. The intent of the General | ||||||
17 | Assembly in enacting this statute is to evaluate the
competency | ||||||
18 | of persons
engaged in the real estate profession business and | ||||||
19 | to regulate their activities this business for the
protection | ||||||
20 | of the public.
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21 | (Source: P.A. 91-245, eff. 12-31-99 .)
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22 | (225 ILCS 454/1-10)
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23 | (Section scheduled to be repealed on January 1, 2020)
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1 | Sec. 1-10. Definitions. In this Act, unless the context | ||||||
2 | otherwise requires:
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3 | "Act" means the Real Estate License Act of 2000.
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4 | "Address of record" means the designated address recorded | ||||||
5 | by the Department in the applicant's or licensee's application | ||||||
6 | file or license file as maintained by the Department's | ||||||
7 | licensure maintenance unit. It is the duty of the applicant or | ||||||
8 | licensee to inform the Department of any change of address, and | ||||||
9 | those changes must be made either through the Department's | ||||||
10 | website or by contacting the Department.
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11 | "Agency" means a relationship in which a broker or | ||||||
12 | licensee,
whether directly or through an affiliated licensee, | ||||||
13 | represents a consumer by
the consumer's consent, whether | ||||||
14 | express or implied, in a real property
transaction.
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15 | "Applicant" means any person, as defined in this Section, | ||||||
16 | who applies to
the Department for a valid license as a managing | ||||||
17 | broker, broker, or
residential leasing agent.
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18 | "Blind advertisement" means any real estate advertisement | ||||||
19 | that is used by a licensee regarding the sale or lease of real | ||||||
20 | estate, licensed activities, or the hiring of any licensee | ||||||
21 | under this Act that does not
include the sponsoring broker's | ||||||
22 | complete business name or, in the case of electronic | ||||||
23 | advertisements, does not provide a direct link to a display | ||||||
24 | with all the required disclosures and that is used by any | ||||||
25 | licensee
regarding the sale or lease of real estate, licensed
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26 | activities, or the hiring of any licensee under this Act . The |
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1 | broker's
business name in the case of a franchise shall include | ||||||
2 | the franchise
affiliation as well as the name of the individual | ||||||
3 | firm.
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4 | "Board" means the Real Estate Administration and | ||||||
5 | Disciplinary Board of the Department as created by Section | ||||||
6 | 25-10 of this Act.
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7 | "Branch office" means a sponsoring broker's office other | ||||||
8 | than the sponsoring
broker's principal office.
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9 | "Broker" means an individual, entity, corporation, foreign | ||||||
10 | or domestic partnership, limited liability company,
registered | ||||||
11 | limited liability partnership, or other business entity other | ||||||
12 | than a residential leasing agent who, whether in person or | ||||||
13 | through any media or technology, for another and for | ||||||
14 | compensation, or
with the intention or expectation of receiving | ||||||
15 | compensation, either
directly or indirectly:
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16 | (1) Sells, exchanges, purchases, rents, or leases real | ||||||
17 | estate.
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18 | (2) Offers to sell, exchange, purchase, rent, or lease | ||||||
19 | real estate.
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20 | (3) Negotiates, offers, attempts, or agrees to | ||||||
21 | negotiate the sale,
exchange, purchase, rental, or leasing | ||||||
22 | of real estate.
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23 | (4) Lists, offers, attempts, or agrees to list real | ||||||
24 | estate for sale,
rent, lease, or exchange.
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25 | (5) Whether for another or themselves, engages in a | ||||||
26 | pattern of business of buying, selling, offering to buy or |
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1 | sell, marketing for sale, exchanging, or otherwise dealing | ||||||
2 | in contracts, including assignable contracts for the | ||||||
3 | purchase or sale of, or Buys, sells, offers to buy or sell, | ||||||
4 | or otherwise deals in options on
real estate or | ||||||
5 | improvements thereon. For purposes of this definition, an | ||||||
6 | individual or entity will be found to have engaged in a | ||||||
7 | pattern of business if the individual or entity by itself | ||||||
8 | or with any combination of other individuals or entities, | ||||||
9 | whether as partners or common owners in another entity, has | ||||||
10 | engaged in one or more of these practices on 2 or more | ||||||
11 | occasions in any 12-month period.
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12 | (6) Supervises the collection, offer, attempt, or | ||||||
13 | agreement
to collect rent for the use of real estate.
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14 | (7) Advertises or represents himself or herself as | ||||||
15 | being engaged in the
business of buying, selling, | ||||||
16 | exchanging, renting, or leasing real estate.
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17 | (8) Assists or directs in procuring or referring of | ||||||
18 | leads or prospects, intended to
result in the sale, | ||||||
19 | exchange, lease, or rental of real estate.
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20 | (9) Assists or directs in the negotiation of any | ||||||
21 | transaction intended to
result in the sale, exchange, | ||||||
22 | lease, or rental of real estate.
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23 | (10) Opens real estate to the public for marketing | ||||||
24 | purposes.
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25 | (11) Sells, rents, leases, or offers for sale or lease | ||||||
26 | real estate at
auction.
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1 | (12) Prepares or provides a broker price opinion or | ||||||
2 | comparative market analysis as those terms are defined in | ||||||
3 | this Act, pursuant to the provisions of Section 10-45 of | ||||||
4 | this Act. | ||||||
5 | "Brokerage agreement" means a written or oral agreement | ||||||
6 | between a sponsoring
broker and a consumer for licensed | ||||||
7 | activities to be provided to a consumer in
return for | ||||||
8 | compensation or the right to receive compensation from another.
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9 | Brokerage agreements may constitute either a bilateral or a | ||||||
10 | unilateral
agreement between the broker and the broker's client | ||||||
11 | depending upon the content
of the brokerage agreement. All | ||||||
12 | exclusive brokerage agreements shall be in
writing.
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13 | "Broker price opinion" means an estimate or analysis of the | ||||||
14 | probable selling price of a particular interest in real estate, | ||||||
15 | which may provide a varying level of detail about the | ||||||
16 | property's condition, market, and neighborhood and information | ||||||
17 | on comparable sales. The activities of a real estate broker or | ||||||
18 | managing broker engaging in the ordinary course of business as | ||||||
19 | a broker, as defined in this Section, shall not be considered a | ||||||
20 | broker price opinion if no compensation is paid to the broker | ||||||
21 | or managing broker, other than compensation based upon the sale | ||||||
22 | or rental of real estate. A broker price opinion shall not be | ||||||
23 | considered an appraisal within the meaning of the Real Estate | ||||||
24 | Appraiser Licensing Act of 2002, any amendment to that Act, or | ||||||
25 | any successor Act. | ||||||
26 | "Client" means a person who is being represented by a |
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1 | licensee.
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2 | "Comparative market analysis" means is an analysis or | ||||||
3 | opinion regarding pricing, marketing, or financial aspects | ||||||
4 | relating to a specified interest or interests in real estate | ||||||
5 | that may be based upon an analysis of comparative market data, | ||||||
6 | the expertise of the real estate broker or managing broker, and | ||||||
7 | such other factors as the broker or managing broker may deem | ||||||
8 | appropriate in developing or preparing such analysis or | ||||||
9 | opinion. The activities of a real estate broker or managing | ||||||
10 | broker engaging in the ordinary course of business as a broker, | ||||||
11 | as defined in this Section, shall not be considered a | ||||||
12 | comparative market analysis if no compensation is paid to the | ||||||
13 | broker or managing broker, other than compensation based upon | ||||||
14 | the sale or rental of real estate. A comparative market | ||||||
15 | analysis shall not be considered an appraisal within the | ||||||
16 | meaning of the Real Estate Appraiser Licensing Act of 2002, any | ||||||
17 | amendment to that Act, or any successor Act. | ||||||
18 | "Compensation" means the valuable consideration given by | ||||||
19 | one person or entity
to another person or entity in exchange | ||||||
20 | for the performance of some activity or
service. Compensation | ||||||
21 | shall include the transfer of valuable consideration,
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22 | including without limitation the following:
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23 | (1) commissions;
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24 | (2) referral fees;
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25 | (3) bonuses;
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26 | (4) prizes;
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1 | (5) merchandise;
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2 | (6) finder fees;
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3 | (7) performance of services;
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4 | (8) coupons or gift certificates;
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5 | (9) discounts;
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6 | (10) rebates;
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7 | (11) a chance to win a raffle, drawing, lottery, or | ||||||
8 | similar game of chance
not prohibited by any other law or | ||||||
9 | statute;
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10 | (12) retainer fee; or
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11 | (13) salary.
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12 | "Confidential information" means information obtained by a | ||||||
13 | licensee from a
client during the term of a brokerage agreement | ||||||
14 | that (i) was made confidential
by the written request or | ||||||
15 | written instruction of the client, (ii) deals with
the | ||||||
16 | negotiating position of the client, or (iii) is information the | ||||||
17 | disclosure
of which could materially harm the negotiating | ||||||
18 | position of the client, unless
at any time:
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19 | (1) the client permits the disclosure of information | ||||||
20 | given by that client
by word or conduct;
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21 | (2) the disclosure is required by law; or
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22 | (3) the information becomes public from a source other | ||||||
23 | than the licensee.
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24 | "Confidential information" shall not be considered to | ||||||
25 | include material
information about the physical condition of | ||||||
26 | the property.
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1 | "Consumer" means a person or entity seeking or receiving | ||||||
2 | licensed
activities.
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3 | "Coordinator" means the Coordinator of Real Estate created | ||||||
4 | in Section 25-15 of this Act.
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5 | "Credit hour" means 50 minutes of classroom instruction in | ||||||
6 | course work that
meets the requirements set forth in rules | ||||||
7 | adopted by the Department.
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8 | "Customer" means a consumer who is not being represented by | ||||||
9 | the licensee but
for whom the licensee is performing | ||||||
10 | ministerial acts .
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11 | "Department" means the Department of Financial and | ||||||
12 | Professional Regulation. | ||||||
13 | "Designated agency" means a contractual relationship | ||||||
14 | between a sponsoring
broker and a client under Section 15-50 of | ||||||
15 | this Act in which one or more
licensees associated with or | ||||||
16 | employed by the broker are designated as agent of
the client.
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17 | "Designated agent" means a sponsored licensee named by a | ||||||
18 | sponsoring broker as
the legal agent of a client, as provided | ||||||
19 | for in Section 15-50 of this Act.
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20 | "Designated managing broker" means a managing broker who | ||||||
21 | has supervisory responsibilities for licensees in one or, in | ||||||
22 | the case of a multi-office company, more than one office and | ||||||
23 | who has been appointed as such by the sponsoring broker | ||||||
24 | registered with the Department. | ||||||
25 | "Director" means the Director of Real Estate within the | ||||||
26 | Department of Financial and Professional Regulation. |
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1 | "Dual agency" means an agency relationship in which a | ||||||
2 | licensee is
representing both buyer and seller or both landlord | ||||||
3 | and tenant in the same
transaction. When the agency | ||||||
4 | relationship is a designated agency, the
question of whether | ||||||
5 | there is a dual agency shall be determined by the agency
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6 | relationships of the designated agent of the parties and not of | ||||||
7 | the sponsoring
broker.
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8 | "Education provider" means a school licensed by the | ||||||
9 | Department offering courses in pre-license, post-license, or | ||||||
10 | continuing education required by this Act. | ||||||
11 | "Employee" or other derivative of the word "employee", when | ||||||
12 | used to refer to,
describe, or delineate the relationship | ||||||
13 | between a sponsoring broker and a managing broker, broker, or a | ||||||
14 | residential leasing agent, shall be
construed to include an | ||||||
15 | independent contractor relationship, provided that a
written | ||||||
16 | agreement exists that clearly establishes and states the | ||||||
17 | relationship.
All responsibilities of a broker shall remain.
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18 | "Escrow moneys" means all moneys, promissory notes or any | ||||||
19 | other type or
manner of legal tender or financial consideration | ||||||
20 | deposited with any person for
the benefit of the parties to the | ||||||
21 | transaction. A transaction exists once an
agreement has been | ||||||
22 | reached and an accepted real estate contract signed or lease
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23 | agreed to by the parties. Escrow moneys includes without | ||||||
24 | limitation earnest
moneys and security deposits, except those | ||||||
25 | security deposits in which the
person holding the security | ||||||
26 | deposit is also the sole owner of the property
being leased and |
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1 | for which the security deposit is being held.
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2 | "Electronic means of proctoring" means a methodology | ||||||
3 | providing assurance that the person taking a test and | ||||||
4 | completing the answers to questions is the person seeking | ||||||
5 | licensure or credit for continuing education and is doing so | ||||||
6 | without the aid of a third party or other device. | ||||||
7 | "Exclusive brokerage agreement" means a written brokerage | ||||||
8 | agreement that provides that the sponsoring broker has the sole | ||||||
9 | right, through one or more sponsored licensees, to act as the | ||||||
10 | exclusive designated agent or representative of the client and | ||||||
11 | that meets the requirements of Section 15-75 of this Act.
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12 | "Inactive" "Inoperative" means a status of licensure where | ||||||
13 | the licensee holds a current
license under this Act, but the | ||||||
14 | licensee is prohibited from engaging in
licensed activities | ||||||
15 | because the licensee is unsponsored or the license of the
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16 | sponsoring broker with whom the licensee is associated or by | ||||||
17 | whom he or she is
employed is currently expired, revoked, | ||||||
18 | suspended, or otherwise rendered
invalid under this Act. The | ||||||
19 | license of any business entity that is not in good standing | ||||||
20 | with the Illinois Secretary of State, or is not authorized to | ||||||
21 | conduct business in Illinois, shall immediately become | ||||||
22 | inactive and that entity shall be prohibited from engaging in | ||||||
23 | any licensed activities.
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24 | "Interactive delivery method" means delivery of a course by | ||||||
25 | an instructor through a medium allowing for 2-way communication | ||||||
26 | between the instructor and a student in which either can |
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1 | initiate or respond to questions. | ||||||
2 | "Leads" means the name or names of a potential buyer, | ||||||
3 | seller, lessor, lessee, or client of a licensee. | ||||||
4 | "Leasing Agent" means a person who is employed by a broker | ||||||
5 | to
engage in licensed activities limited to leasing residential | ||||||
6 | real estate who
has obtained a license as provided for in | ||||||
7 | Section 5-5 of this Act.
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8 | "License" means the privilege conferred document issued by | ||||||
9 | the Department to a certifying that the person that named
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10 | thereon has fulfilled all requirements prerequisite to any type | ||||||
11 | of licensure under this
Act.
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12 | "Licensed activities" means those activities listed in the | ||||||
13 | definition of
"broker" under this Section.
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14 | "Licensee" means any person, as defined in this Section, | ||||||
15 | who holds a
valid unexpired license as a managing broker, | ||||||
16 | broker, or
residential leasing agent.
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17 | "Listing presentation" means any a communication , written | ||||||
18 | or oral and by any means or media, between a managing broker or
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19 | broker and a consumer in which the licensee is attempting to | ||||||
20 | secure a
brokerage agreement with the consumer to market the | ||||||
21 | consumer's real estate for
sale or lease.
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22 | "Managing broker" means a licensee who may be authorized to | ||||||
23 | assume broker who has supervisory responsibilities as a | ||||||
24 | designated managing broker for
licensees in one or, in the case | ||||||
25 | of a multi-office company, more than one
office , upon | ||||||
26 | appointment by the sponsoring broker and registration with the |
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1 | Department and who has been appointed as such by the sponsoring | ||||||
2 | broker . A managing broker may act as his or her own sponsor.
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3 | "Medium of advertising" means any method of communication | ||||||
4 | intended to
influence the general public to use or purchase a | ||||||
5 | particular good or service or
real estate , including, but not | ||||||
6 | limited to, print, electronic, social media, and digital | ||||||
7 | forums .
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8 | "Ministerial acts" means those acts that a licensee may | ||||||
9 | perform for a
consumer that are informative or clerical in | ||||||
10 | nature and do not rise to the
level of active representation on | ||||||
11 | behalf of a consumer. Examples of these acts
include without | ||||||
12 | limitation (i) responding to phone inquiries by consumers as to
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13 | the availability and pricing of brokerage services, (ii) | ||||||
14 | responding to phone
inquiries from a consumer concerning the | ||||||
15 | price or location of property, (iii)
attending an open house | ||||||
16 | and responding to questions about the property from a
consumer, | ||||||
17 | (iv) setting an appointment to view property, (v) responding to
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18 | questions of consumers walking into a licensee's office | ||||||
19 | concerning brokerage
services offered or particular | ||||||
20 | properties, (vi) accompanying an appraiser,
inspector, | ||||||
21 | contractor, or similar third party on a visit to a property, | ||||||
22 | (vii)
describing a property or the property's condition in | ||||||
23 | response to a consumer's
inquiry, (viii) completing business or | ||||||
24 | factual information for a consumer on an
offer or contract to | ||||||
25 | purchase on behalf of a client, (ix) showing a client
through a | ||||||
26 | property being sold by an owner on his or her own behalf, or |
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1 | (x)
referral to another broker or service provider.
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2 | "Office" means a broker's place of business where the | ||||||
3 | general
public is invited to transact business and where | ||||||
4 | records may be maintained and
licenses displayed, whether or | ||||||
5 | not it is the broker's principal place of
business.
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6 | "Person" means and includes individuals, entities, | ||||||
7 | corporations, limited
liability companies, registered limited | ||||||
8 | liability partnerships, foreign and domestic
partnerships, and | ||||||
9 | other business entities, except that when the context otherwise
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10 | requires, the term may refer to a single individual or other | ||||||
11 | described entity.
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12 | "Personal assistant" means a licensed or unlicensed person | ||||||
13 | who has been hired
for the purpose of aiding or assisting a | ||||||
14 | sponsored licensee in the performance
of the sponsored | ||||||
15 | licensee's job.
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16 | "Pocket card" means the card issued by the Department to | ||||||
17 | signify that the person named
on the card is currently licensed | ||||||
18 | under this Act.
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19 | "Pre-renewal period" means the period between the date of | ||||||
20 | issue of a
currently valid license and the license's expiration | ||||||
21 | date.
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22 | "Proctor" means any person, including, but not limited to, | ||||||
23 | an instructor, who has a written agreement to administer | ||||||
24 | examinations fairly and impartially with a licensed education | ||||||
25 | provider. | ||||||
26 | "Real estate" means and includes leaseholds as well as any |
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1 | other interest or
estate in land, whether corporeal, | ||||||
2 | incorporeal, freehold, or non-freehold and whether the real | ||||||
3 | estate is situated in this
State or elsewhere. "Real estate" | ||||||
4 | does not include property sold, exchanged, or leased as a | ||||||
5 | timeshare or similar vacation item or interest, vacation club | ||||||
6 | membership, or other activity formerly regulated under the Real | ||||||
7 | Estate Timeshare Act of 1999 (repealed).
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8 | "Regular employee" means a person working an average of 20 | ||||||
9 | hours per week for a person or entity who would be considered | ||||||
10 | as an employee under the Internal Revenue Service rules for | ||||||
11 | classifying workers eleven main tests in three categories being | ||||||
12 | behavioral control, financial control and the type of | ||||||
13 | relationship of the parties, formerly the twenty factor test .
| ||||||
14 | "Renewal period" means the period beginning 90 days prior | ||||||
15 | to the expiration date of a license. | ||||||
16 | "Residential leasing agent" means a person who is employed | ||||||
17 | by a broker to
engage in licensed activities limited to leasing | ||||||
18 | residential real estate who
has obtained a license as provided | ||||||
19 | for in Section 5-5 of this Act. | ||||||
20 | "Secretary" means the Secretary of the Department of | ||||||
21 | Financial and Professional Regulation, or a person authorized | ||||||
22 | by the Secretary to act in the Secretary's stead. | ||||||
23 | "Sponsoring broker" means the broker who certifies to the | ||||||
24 | Department his, her, or its sponsorship of has issued a sponsor | ||||||
25 | card to a
licensed managing broker, broker, or a residential | ||||||
26 | leasing agent.
|
| |||||||
| |||||||
1 | "Sponsorship" "Sponsor card" means that a sponsoring | ||||||
2 | broker has certified to the Department that a the temporary | ||||||
3 | permit issued by the sponsoring broker certifying that the | ||||||
4 | managing broker, broker,
or residential leasing agent named | ||||||
5 | thereon is employed by or associated by written
agreement with | ||||||
6 | the sponsoring broker and the Department has registered the | ||||||
7 | sponsorship , as provided for in Section
5-40 of this Act.
| ||||||
8 | "Team" means any 2 or more licensees who work together to | ||||||
9 | provide real estate brokerage services, represent themselves | ||||||
10 | to the public as being part of a team or group, are identified | ||||||
11 | by a team name that is different than their sponsoring broker's | ||||||
12 | name, and together are supervised by the same managing broker | ||||||
13 | and sponsored by the same sponsoring broker. "Team" does not | ||||||
14 | mean a separately organized, incorporated, or legal entity. | ||||||
15 | (Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18; | ||||||
16 | 100-534, eff. 9-22-17; 100-831, eff. 1-1-19; 100-863, eff. | ||||||
17 | 8-14-18 .)
| ||||||
18 | (225 ILCS 454/5-5)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
20 | Sec. 5-5. Residential leasing Leasing agent license.
| ||||||
21 | (a) The purpose of this Section is to provide for a limited | ||||||
22 | scope license to
enable persons who
wish to engage in | ||||||
23 | activities limited to the leasing of residential real
property | ||||||
24 | for which a license is
required under this Act, and only those | ||||||
25 | activities, to do so by obtaining a the
license provided for
|
| |||||||
| |||||||
1 | under this Section.
| ||||||
2 | (b) Notwithstanding the other provisions of this Act, there | ||||||
3 | is hereby
created a residential leasing agent
license that | ||||||
4 | shall enable the licensee to engage only in residential leasing
| ||||||
5 | activities for which a
license is required under this Act. Such | ||||||
6 | activities include leasing or renting
residential real | ||||||
7 | property, or attempting, offering, or negotiating to lease or
| ||||||
8 | rent residential real property, or
supervising the collection, | ||||||
9 | offer, attempt, or agreement to collect rent for
the use of
| ||||||
10 | residential real
property. Nothing in this
Section shall be | ||||||
11 | construed to require a licensed managing broker or
broker to | ||||||
12 | obtain a residential leasing
agent license in order to perform | ||||||
13 | leasing activities for which a license is
required under this | ||||||
14 | Act. Licensed residential leasing agents, including those | ||||||
15 | operating under subsection (d), may engage in activities | ||||||
16 | enumerated within the definition of " residential leasing | ||||||
17 | agent" in Section 1-10 of this Act and may not engage in any | ||||||
18 | activity that would otherwise require a broker's license, | ||||||
19 | including, but not limited to, selling, offering for sale, | ||||||
20 | negotiating for sale, listing or showing for sale, or referring | ||||||
21 | for sale or commercial lease real estate.
Licensed residential | ||||||
22 | leasing agents must be sponsored and employed by a sponsoring | ||||||
23 | broker.
| ||||||
24 | (c) The Department, by rule and in accordance with this | ||||||
25 | Act, shall provide for the
licensing of residential leasing
| ||||||
26 | agents, including the issuance, renewal, and administration of |
| |||||||
| |||||||
1 | licenses.
| ||||||
2 | (d) Notwithstanding any other provisions of this Act to the | ||||||
3 | contrary, a
person may engage in
residential leasing activities | ||||||
4 | for which a license is required under this Act,
for a period of | ||||||
5 | 120
consecutive days without being licensed, so long as the | ||||||
6 | person is acting under
the supervision of a
sponsoring broker, | ||||||
7 | the sponsoring broker has notified the Department that the | ||||||
8 | person is
pursuing licensure
under this Section, and the person | ||||||
9 | has enrolled in the residential leasing agent pre-license | ||||||
10 | education course no later than 60 days after beginning to | ||||||
11 | engage in residential leasing activities. During the 120-day | ||||||
12 | period all requirements of Sections
5-10
and 5-65 of this Act
| ||||||
13 | with respect to education, successful completion of an | ||||||
14 | examination, and the
payment of all required
fees must be | ||||||
15 | satisfied. The Department may adopt rules to ensure that the | ||||||
16 | provisions of
this subsection are
not used in a manner that | ||||||
17 | enables an unlicensed person to repeatedly or
continually | ||||||
18 | engage in
activities for which a license is required under this | ||||||
19 | Act.
| ||||||
20 | (Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18 .)
| ||||||
21 | (225 ILCS 454/5-6) | ||||||
22 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
23 | Sec. 5-6. Social Security Number or Tax Identification | ||||||
24 | Number on license application. In addition to any other | ||||||
25 | information required to be contained in the application, every |
| |||||||
| |||||||
1 | application for an original license under this Act shall | ||||||
2 | include the applicant's Social Security Number or Tax | ||||||
3 | Identification Number, which shall be retained in the agency's | ||||||
4 | records pertaining to the license. As soon as practical, the | ||||||
5 | Department shall assign a separate and distinct customer's | ||||||
6 | identification number to each applicant for a license. | ||||||
7 | Every application for a renewal or restored license shall | ||||||
8 | require the applicant's customer identification number.
| ||||||
9 | (Source: P.A. 96-856, eff. 12-31-09; 97-400, eff. 1-1-12.)
| ||||||
10 | (225 ILCS 454/5-7) | ||||||
11 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
12 | Sec. 5-7. Application for residential leasing agent | ||||||
13 | license. Every person who desires to obtain a residential | ||||||
14 | leasing agent license shall apply to the Department in a manner | ||||||
15 | prescribed writing on forms provided by the Department which | ||||||
16 | application shall be accompanied by the required | ||||||
17 | non-refundable fee. Any such application shall require such | ||||||
18 | information as in the judgment of the Department will enable | ||||||
19 | the Department to pass on the qualifications of the applicant | ||||||
20 | for licensure.
| ||||||
21 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
22 | (225 ILCS 454/5-10)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
24 | Sec. 5-10. Requirements for license as a residential |
| |||||||
| |||||||
1 | leasing agent; continuing education. | ||||||
2 | (a) Every applicant for licensure as a residential leasing | ||||||
3 | agent must meet the following qualifications: | ||||||
4 | (1) be at least 18 years of age; | ||||||
5 | (2) be of good moral
character; | ||||||
6 | (3) successfully complete
a 4-year course of study in a | ||||||
7 | high school or secondary school or an
equivalent course of
| ||||||
8 | study approved by the state in which the school is located, | ||||||
9 | or possess a high school equivalency certificate, which | ||||||
10 | shall be verified under oath by the applicant the Illinois | ||||||
11 | State Board of Education ; | ||||||
12 | (4) personally take and pass a written
examination | ||||||
13 | authorized by the Department sufficient to demonstrate the | ||||||
14 | applicant's
knowledge of the
provisions of this Act | ||||||
15 | relating to residential leasing agents and the applicant's
| ||||||
16 | competence to engage in the
activities of a licensed | ||||||
17 | residential leasing agent; | ||||||
18 | (5) provide satisfactory evidence of having completed | ||||||
19 | 15 hours of
instruction in an approved course of study | ||||||
20 | relating to the leasing of residential real property. The | ||||||
21 | Board may shall recommend to the Department the number of | ||||||
22 | hours each topic of study shall require. The
course of | ||||||
23 | study shall, among other topics, cover
the provisions of | ||||||
24 | this Act
applicable to residential leasing agents; fair | ||||||
25 | housing and human rights issues relating to residential
| ||||||
26 | leasing; advertising and marketing issues;
leases, |
| |||||||
| |||||||
1 | applications, and credit and criminal background reports; | ||||||
2 | owner-tenant relationships and
owner-tenant laws; the | ||||||
3 | handling of funds; and
environmental issues relating
to | ||||||
4 | residential real
property; | ||||||
5 | (6) complete any other requirements as set forth by | ||||||
6 | rule; and
| ||||||
7 | (7) present a valid application for issuance of an | ||||||
8 | initial license accompanied by a sponsor card and the fees | ||||||
9 | specified by rule. | ||||||
10 | (b) No applicant shall engage in any of the activities | ||||||
11 | covered by this Act without a valid license and until a valid | ||||||
12 | sponsorship has been registered with the Department sponsor | ||||||
13 | card has been issued to such applicant. The sponsor card shall | ||||||
14 | be valid for a maximum period of 45 days after the date of | ||||||
15 | issuance unless extended for good cause as provided by rule . | ||||||
16 | (c) Successfully completed course work, completed pursuant | ||||||
17 | to the
requirements of this
Section, may be applied to the | ||||||
18 | course work requirements to obtain a managing
broker's or
| ||||||
19 | broker's license as provided by rule. The Board may
recommend | ||||||
20 | to the Department and the Department may adopt requirements for | ||||||
21 | approved courses, course
content, and the
approval of courses, | ||||||
22 | instructors, and education providers, as well as education | ||||||
23 | provider and instructor
fees. The Department may
establish | ||||||
24 | continuing education requirements for residential licensed | ||||||
25 | leasing agents, by
rule, consistent with the language and | ||||||
26 | intent of this Act, with the advice of
the Board.
|
| |||||||
| |||||||
1 | (d) The continuing education requirement for residential | ||||||
2 | leasing agents shall consist of a single core curriculum to be | ||||||
3 | prescribed established by the Department as recommended by the | ||||||
4 | Board. Leasing agents shall be required to complete no less | ||||||
5 | than 8 6 hours of continuing education in the core curriculum | ||||||
6 | for each 2-year renewal period. The curriculum shall, at a | ||||||
7 | minimum, consist of a single course or courses on the subjects | ||||||
8 | of fair housing and human rights issues related to residential | ||||||
9 | leasing, advertising and marketing issues, leases, | ||||||
10 | applications, credit reports, and criminal history, the | ||||||
11 | handling of funds, owner-tenant relationships and owner-tenant | ||||||
12 | laws, and environmental issues relating to residential real | ||||||
13 | estate. | ||||||
14 | (Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18 .)
| ||||||
15 | (225 ILCS 454/5-15)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
17 | Sec. 5-15. Necessity of managing broker, broker, or | ||||||
18 | residential leasing agent license
or sponsor card ; ownership
| ||||||
19 | restrictions. | ||||||
20 | (a) It is unlawful for any person , as defined in Section | ||||||
21 | 1-10, to act as
a managing broker, broker, or residential | ||||||
22 | leasing agent or to advertise
or assume to act as such
managing | ||||||
23 | broker, broker or residential leasing agent without a properly | ||||||
24 | issued sponsor card or
a license issued in accordance with
| ||||||
25 | under this Act and a valid sponsorship registered with by the |
| |||||||
| |||||||
1 | Department, either directly or through its authorized | ||||||
2 | designee.
| ||||||
3 | (b) No corporation shall be granted a license or engage in | ||||||
4 | the business or
capacity, either
directly or indirectly, of a | ||||||
5 | broker, unless every officer of the
corporation who actively
| ||||||
6 | participates in the real estate activities of the corporation | ||||||
7 | holds a license
as a managing broker or broker
and unless every | ||||||
8 | employee who acts as a managing broker, broker, or residential | ||||||
9 | leasing agent for the
corporation holds a
license as a managing | ||||||
10 | broker, broker, or residential leasing agent. All | ||||||
11 | nonparticipating owners or officers shall submit affidavits of | ||||||
12 | nonparticipation as required by the Department. No corporation | ||||||
13 | shall be granted a license if any nonparticipating owner or | ||||||
14 | officer has previously been publicly disciplined by the | ||||||
15 | Department resulting in that licensee being currently barred | ||||||
16 | from real estate practice because of a suspension or | ||||||
17 | revocation.
| ||||||
18 | (c) No partnership shall be granted a license or engage in | ||||||
19 | the business or
serve in the capacity,
either directly or | ||||||
20 | indirectly, of a broker, unless every
partner in the | ||||||
21 | partnership who actively participates in the real estate | ||||||
22 | activities of the partnership
holds a license as a managing | ||||||
23 | broker or broker and unless every employee who acts as a
| ||||||
24 | managing broker, broker, or residential
leasing agent for the | ||||||
25 | partnership holds a license as a managing broker, broker,
or | ||||||
26 | residential leasing
agent. All nonparticipating partners shall |
| |||||||
| |||||||
1 | submit affidavits of nonparticipation as required by the | ||||||
2 | Department. In the case of a registered limited liability | ||||||
3 | partnership (LLP), every
partner in the LLP that actively | ||||||
4 | participates in the real estate activities of the limited | ||||||
5 | liability partnership
must hold a license as a managing broker | ||||||
6 | or broker and every employee who acts as a
managing broker, | ||||||
7 | broker, or residential leasing
agent must hold a license as a | ||||||
8 | managing broker, broker, or residential leasing
agent. All | ||||||
9 | nonparticipating limited liability partners shall submit | ||||||
10 | affidavits of nonparticipation as required by the Department. | ||||||
11 | No partnership shall be granted a license if any | ||||||
12 | nonparticipating partner has previously been publicly | ||||||
13 | disciplined by the Department resulting in that licensee being | ||||||
14 | currently barred from real estate practice because of a | ||||||
15 | suspension or revocation.
| ||||||
16 | (d) No limited liability company shall be granted a license | ||||||
17 | or engage in the
business or serve in
the capacity, either | ||||||
18 | directly or indirectly, of a broker unless
every member or | ||||||
19 | manager in
the limited liability company that actively | ||||||
20 | participates in the real estate activities of the limited | ||||||
21 | liability company holds a license as a managing broker or | ||||||
22 | broker and
unless every other member and employee who
acts as a | ||||||
23 | managing broker, broker, or residential leasing agent for the | ||||||
24 | limited liability company holds
a license as a managing broker, | ||||||
25 | broker, or residential leasing agent. All nonparticipating | ||||||
26 | members or managers shall submit affidavits of |
| |||||||
| |||||||
1 | nonparticipation as required by the Department. No limited | ||||||
2 | liability company shall be granted a license if any | ||||||
3 | nonparticipating member or manager has previously been | ||||||
4 | publicly disciplined by the Department resulting in that | ||||||
5 | licensee being currently barred from real estate practice | ||||||
6 | because of a suspension or revocation.
| ||||||
7 | (e) (Blank).
| ||||||
8 | (f) No person , partnership, or business entity shall be | ||||||
9 | granted a license if any participating owner, officer, | ||||||
10 | director, partner, limited liability partner, member, or | ||||||
11 | manager has been denied a real estate license by the Department | ||||||
12 | in the previous 5 years or is otherwise currently barred from | ||||||
13 | real estate practice because of a suspension or revocation. | ||||||
14 | (Source: P.A. 99-227, eff. 8-3-15; 100-831, eff. 1-1-19 .)
| ||||||
15 | (225 ILCS 454/5-20)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
17 | Sec. 5-20. Exemptions from managing broker, broker, or | ||||||
18 | residential leasing agent license
requirement ; Department | ||||||
19 | exemption from education provider and related licenses . The | ||||||
20 | requirement for holding a license under this Article 5 shall
| ||||||
21 | not apply to:
| ||||||
22 | (1) Any person , as defined in Section 1-10, that as | ||||||
23 | owner or lessor performs
any of the acts described in the | ||||||
24 | definition of "broker" under Section 1-10 of
this Act with | ||||||
25 | reference to property owned or leased by it, or to the |
| |||||||
| |||||||
1 | regular
employees thereof with respect to the property so | ||||||
2 | owned or leased, where such
acts are performed in the | ||||||
3 | regular course of or as an incident to the
management, | ||||||
4 | sale, or other disposition of such property and the | ||||||
5 | investment
therein, if provided that such regular | ||||||
6 | employees do not perform any of the acts
described in the | ||||||
7 | definition of "broker" under Section 1-10 of this Act in
| ||||||
8 | connection with a vocation of selling or leasing any real | ||||||
9 | estate or the
improvements thereon not so owned or leased.
| ||||||
10 | (2) An attorney in fact acting under a duly executed | ||||||
11 | and recorded power of
attorney to convey real estate from | ||||||
12 | the owner or lessor or the services
rendered by an attorney | ||||||
13 | at law in the performance of the attorney's duty as an
| ||||||
14 | attorney at law.
| ||||||
15 | (3) Any person acting as receiver, trustee in | ||||||
16 | bankruptcy, administrator,
executor, or guardian or while | ||||||
17 | acting under a court order or under the
authority of a will | ||||||
18 | or testamentary trust.
| ||||||
19 | (4) Any person acting as a resident manager for the | ||||||
20 | owner or any employee
acting as the resident manager for a | ||||||
21 | broker managing an apartment building,
duplex, or | ||||||
22 | apartment complex, when the resident manager resides on the
| ||||||
23 | premises, the premises is his or her primary residence, and | ||||||
24 | the resident
manager is engaged in the leasing of the | ||||||
25 | property of which he or she is the
resident manager.
| ||||||
26 | (5) Any officer or employee of a federal agency in the |
| |||||||
| |||||||
1 | conduct of official
duties.
| ||||||
2 | (6) Any officer or employee of the State government or | ||||||
3 | any political
subdivision thereof performing official | ||||||
4 | duties.
| ||||||
5 | (7) Any multiple listing service or other similar | ||||||
6 | information exchange that is
engaged in the collection
and | ||||||
7 | dissemination of information concerning real estate | ||||||
8 | available for sale,
purchase, lease, or
exchange for the | ||||||
9 | purpose of providing licensees with a system by which | ||||||
10 | licensees may cooperatively share information along with | ||||||
11 | which no other licensed activities, as defined in Section | ||||||
12 | 1-10 of this Act, are provided.
| ||||||
13 | (8) Railroads and other public utilities regulated by | ||||||
14 | the State of Illinois,
or the officers or full-time full | ||||||
15 | time employees thereof, unless the performance of any
| ||||||
16 | licensed activities is in connection with the sale, | ||||||
17 | purchase, lease, or other
disposition of real estate or | ||||||
18 | investment therein that does not require not needing the | ||||||
19 | approval of
the appropriate State regulatory authority.
| ||||||
20 | (9) Any medium of advertising in the routine course of | ||||||
21 | selling or publishing
advertising along with which no other | ||||||
22 | licensed activities, as defined in Section 1-10 of this | ||||||
23 | Act, are provided.
| ||||||
24 | (10) Any resident lessee of a residential dwelling unit | ||||||
25 | who refers for
compensation to the owner of the dwelling | ||||||
26 | unit, or to the owner's agent,
prospective lessees of |
| |||||||
| |||||||
1 | dwelling units in the same building or complex as the
| ||||||
2 | resident lessee's unit, but only if the resident lessee (i) | ||||||
3 | refers no more than
3 prospective lessees in any 12-month | ||||||
4 | period, (ii) receives compensation of no
more than $5,000 | ||||||
5 | $1,500 or the equivalent of 2 months' one month's rent, | ||||||
6 | whichever is less, in
any 12-month period, and (iii) limits | ||||||
7 | his or her activities to referring
prospective lessees to | ||||||
8 | the owner, or the owner's agent, and does not show a
| ||||||
9 | residential dwelling unit to a prospective lessee, discuss | ||||||
10 | terms or conditions
of leasing a dwelling unit with a | ||||||
11 | prospective lessee, or otherwise participate
in the | ||||||
12 | negotiation of the leasing of a dwelling unit.
| ||||||
13 | (11) The purchase, sale, or transfer of a timeshare or | ||||||
14 | similar vacation item or interest, vacation club | ||||||
15 | membership, or other activity formerly regulated under the | ||||||
16 | Real Estate Timeshare Act of 1999 (repealed).
| ||||||
17 | (12) (Blank).
| ||||||
18 | (13) Any person who is licensed without examination | ||||||
19 | under
Section 10-25 (now repealed) of the Auction License | ||||||
20 | Act is exempt from holding a managing broker's or
broker's | ||||||
21 | license under this Act for the limited purpose of selling | ||||||
22 | or
leasing real estate at auction, so long as:
| ||||||
23 | (A) that person has made application for said | ||||||
24 | exemption by July 1, 2000;
| ||||||
25 | (B) that person verifies to the Department that he | ||||||
26 | or she has sold real estate
at auction for a period of |
| |||||||
| |||||||
1 | 5 years prior to licensure as an auctioneer;
| ||||||
2 | (C) the person has had no lapse in his or her | ||||||
3 | license as an
auctioneer; and
| ||||||
4 | (D) the license issued under the Auction License | ||||||
5 | Act has not been
disciplined for violation of those | ||||||
6 | provisions of Article 20 of the Auction
License Act | ||||||
7 | dealing with or related to the sale or lease of real | ||||||
8 | estate at
auction.
| ||||||
9 | (14) A person who holds a valid license under the | ||||||
10 | Auction License Act and a valid real estate auction | ||||||
11 | certification and conducts auctions for the sale of real | ||||||
12 | estate under Section 5-32 of this Act. | ||||||
13 | (15) A hotel operator who is registered with the | ||||||
14 | Illinois Department of
Revenue and pays taxes under the | ||||||
15 | Hotel Operators' Occupation Tax Act and rents
a room or | ||||||
16 | rooms in a hotel as defined in the Hotel Operators' | ||||||
17 | Occupation Tax
Act for a period of not more than 30 | ||||||
18 | consecutive days and not more than 60 days
in a calendar | ||||||
19 | year or a person who participates in an online marketplace | ||||||
20 | enabling persons to rent out all or part of the person's | ||||||
21 | owned residence .
| ||||||
22 | (16) Notwithstanding any provisions to the contrary, | ||||||
23 | the Department and its employees shall be exempt from | ||||||
24 | education, course provider, instructor, and course license | ||||||
25 | requirements and fees while acting in an official capacity | ||||||
26 | on behalf of the Department. Courses offered by the |
| |||||||
| |||||||
1 | Department shall be eligible for continuing education | ||||||
2 | credit. | ||||||
3 | (Source: P.A. 99-227, eff. 8-3-15; 100-534, eff. 9-22-17; | ||||||
4 | 100-831, eff. 1-1-19 .)
| ||||||
5 | (225 ILCS 454/5-25)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
7 | Sec. 5-25. Good moral character.
| ||||||
8 | (a) When an applicant has had his or her license revoked on | ||||||
9 | a prior occasion
or when an
applicant is found to have | ||||||
10 | committed any of the practices enumerated in Section
20-20 of | ||||||
11 | this Act or when an
applicant has been convicted of or enters a | ||||||
12 | plea of guilty or nolo contendere to forgery, embezzlement, | ||||||
13 | obtaining money under
false pretenses,
larceny, extortion, | ||||||
14 | conspiracy to defraud, or any other similar offense or
offenses | ||||||
15 | or has been
convicted of a felony involving moral turpitude in | ||||||
16 | any court of competent
jurisdiction in this or any
other state, | ||||||
17 | district, or territory of the United States or of a foreign
| ||||||
18 | country, the Board may consider
the prior revocation, conduct, | ||||||
19 | or conviction in its determination of the
applicant's moral | ||||||
20 | character
and whether to grant the applicant a license. In its | ||||||
21 | consideration of the
prior revocation, conduct,
or conviction, | ||||||
22 | the Board shall take into account the nature of the conduct, | ||||||
23 | any
aggravating or
extenuating circumstances, the time elapsed | ||||||
24 | since the revocation, conduct, or
conviction, the
| ||||||
25 | rehabilitation or restitution performed by the applicant, and |
| |||||||
| |||||||
1 | any other factors
that the Board deems
relevant. When an | ||||||
2 | applicant has made a false statement of material fact on
his or | ||||||
3 | her application, the
false statement may in itself be | ||||||
4 | sufficient grounds to revoke or refuse to
issue a license.
| ||||||
5 | (b) In its consideration of the prior revocation, conduct, | ||||||
6 | or conviction, the Board shall take into account the nature of | ||||||
7 | the conduct, any aggravating or extenuating circumstances, the | ||||||
8 | time elapsed since the revocation, conduct, or conviction, the | ||||||
9 | rehabilitation or restitution performed by the applicant, | ||||||
10 | mitigating factors, and any other factors that the Board deems | ||||||
11 | relevant, including, but not limited to: | ||||||
12 | (1) the lack of direct relation of the offense for | ||||||
13 | which the applicant was previously convicted to the duties, | ||||||
14 | functions, and responsibilities of the position for which a | ||||||
15 | license is sought; | ||||||
16 | (2) unless otherwise specified, whether 5 years since a | ||||||
17 | felony conviction or 3 years since release from confinement | ||||||
18 | for the conviction, whichever is later, have passed without | ||||||
19 | a subsequent conviction; | ||||||
20 | (3) if the applicant was previously licensed or | ||||||
21 | employed in this State or other states or jurisdictions, | ||||||
22 | the lack of prior misconduct arising from or related to the | ||||||
23 | licensed position or position of employment; | ||||||
24 | (4) the age of the person at the time of the criminal | ||||||
25 | offense; | ||||||
26 | (5) if, due to the applicant's criminal conviction |
| |||||||
| |||||||
1 | history, the applicant would be explicitly prohibited by | ||||||
2 | federal rules or regulations from working in the position | ||||||
3 | for which a license is sought; | ||||||
4 | (6) successful completion of sentence and, for | ||||||
5 | applicants serving a term of parole or probation, a | ||||||
6 | progress report provided by the applicant's probation or | ||||||
7 | parole officer that documents the applicant's compliance | ||||||
8 | with conditions of supervision; | ||||||
9 | (7) evidence of the applicant's present fitness and | ||||||
10 | professional character; | ||||||
11 | (8) evidence of rehabilitation or rehabilitative | ||||||
12 | effort during or after incarceration, or during or after a | ||||||
13 | term of supervision, including, but not limited to, a | ||||||
14 | certificate of good conduct under Section 5-5.5-25 of the | ||||||
15 | Unified Code of Corrections or a certificate of relief from | ||||||
16 | disabilities under Section 5-5.5-10 of the Unified Code of | ||||||
17 | Corrections; and | ||||||
18 | (9) any other mitigating factors that contribute to the | ||||||
19 | person's potential and current ability to perform the job | ||||||
20 | duties. | ||||||
21 | (c) The Department shall not require applicants to report | ||||||
22 | the following information and shall not consider the following | ||||||
23 | criminal history records in connection with an application for | ||||||
24 | licensure or registration: | ||||||
25 | (1) juvenile adjudications of delinquent minors as | ||||||
26 | defined in Section 5-105 of the Juvenile Court Act of 1987 |
| |||||||
| |||||||
1 | subject to the restrictions set forth in Section 5-130 of | ||||||
2 | that Act; | ||||||
3 | (2) law enforcement records, court records, and | ||||||
4 | conviction records of an individual who was 17 years old at | ||||||
5 | the time of the offense and before January 1, 2014, unless | ||||||
6 | the nature of the offense required the individual to be | ||||||
7 | tried as an adult; | ||||||
8 | (3) records of arrests not followed by a charge or | ||||||
9 | conviction; | ||||||
10 | (4) records of arrests where the charges were dismissed | ||||||
11 | unless related to the practice of the profession; however, | ||||||
12 | applicants shall not be asked to report any arrests, and an | ||||||
13 | arrest not followed by a conviction shall not be the basis | ||||||
14 | of a denial and may be used only to assess an applicant's | ||||||
15 | rehabilitation; | ||||||
16 | (5) convictions overturned by a higher court; or | ||||||
17 | (6) convictions or arrests that have been sealed or | ||||||
18 | expunged. | ||||||
19 | (d) If an applicant makes a false statement of material | ||||||
20 | fact on his or her application, the false statement may in | ||||||
21 | itself be sufficient grounds to revoke or refuse to issue a | ||||||
22 | license. | ||||||
23 | (e) A licensee shall report to the Department, in a manner | ||||||
24 | adopted by rule, any plea of guilty, or nolo contendere to | ||||||
25 | forgery, embezzlement, obtaining money under false pretenses, | ||||||
26 | larceny, extortion, conspiracy to defraud, or any similar |
| |||||||
| |||||||
1 | offense or offenses or any conviction of a felony involving | ||||||
2 | moral turpitude that occurs during the licensee's term of | ||||||
3 | licensure. | ||||||
4 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
5 | (225 ILCS 454/5-27) | ||||||
6 | (Section scheduled to be repealed on January 1, 2020) | ||||||
7 | Sec. 5-27. Requirements for licensure as a broker. | ||||||
8 | (a) Every applicant for licensure as a broker must meet the | ||||||
9 | following qualifications: | ||||||
10 | (1) Be at least 18 21 years of age . The minimum age of | ||||||
11 | 21 years shall be waived for any person seeking a license | ||||||
12 | as a broker who has attained the age of 18 and can provide | ||||||
13 | evidence of the successful completion of at least 4 | ||||||
14 | semesters of post-secondary school study as a full-time | ||||||
15 | student or the equivalent, with major emphasis on real | ||||||
16 | estate courses, in a school approved by the Department ; | ||||||
17 | (2) Be of good moral character; | ||||||
18 | (3) Successfully complete a 4-year course of study in a | ||||||
19 | high school or secondary school approved by the state in | ||||||
20 | which the school is located, or possess a high school | ||||||
21 | equivalency certificate, Illinois State Board of Education | ||||||
22 | or an equivalent course of study as determined by an | ||||||
23 | examination conducted by the Illinois State Board of | ||||||
24 | Education which shall be verified under oath by the | ||||||
25 | applicant; |
| |||||||
| |||||||
1 | (4) (Blank); | ||||||
2 | (5) Provide satisfactory evidence of having completed | ||||||
3 | 75 90 hours of instruction in real estate courses approved | ||||||
4 | by the Department, 15 hours of which must consist of | ||||||
5 | situational and case studies presented in the classroom or | ||||||
6 | by live, interactive webinar or online distance education | ||||||
7 | courses; | ||||||
8 | (6) Personally take and pass a written examination | ||||||
9 | authorized by the Department; | ||||||
10 | (7) Present a valid application for issuance of a | ||||||
11 | license accompanied by a sponsor card and the fees | ||||||
12 | specified by rule. | ||||||
13 | (b) The requirements specified in items (3) and (5) of | ||||||
14 | subsection (a) of this Section do not apply to applicants who | ||||||
15 | are currently admitted to practice law by the Supreme Court of | ||||||
16 | Illinois and are currently in active standing. | ||||||
17 | (c) No applicant shall engage in any of the activities | ||||||
18 | covered by this Act until a valid sponsorship has been | ||||||
19 | registered with the Department sponsor card has been issued to | ||||||
20 | such applicant. The sponsor card shall be valid for a maximum | ||||||
21 | period of 45 days after the date of issuance unless extended | ||||||
22 | for good cause as provided by rule . | ||||||
23 | (d) All licenses should be readily available to the public | ||||||
24 | at the licensee's their place of business.
| ||||||
25 | (e) An individual holding an active license as a managing | ||||||
26 | broker may , upon written request to the Department, permanently |
| |||||||
| |||||||
1 | and irrevocably place his or her managing broker license on | ||||||
2 | inactive status return the license to the Department along with | ||||||
3 | a form provided by the Department and shall be issued a | ||||||
4 | broker's license in exchange. Any individual obtaining a | ||||||
5 | broker's license under this subsection (e) shall be considered | ||||||
6 | as having obtained a broker's license by education and passing | ||||||
7 | the required test and shall be treated as such in determining | ||||||
8 | compliance with this Act. | ||||||
9 | (Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18 .)
| ||||||
10 | (225 ILCS 454/5-28) | ||||||
11 | (Section scheduled to be repealed on January 1, 2020) | ||||||
12 | Sec. 5-28. Requirements for licensure as a managing broker. | ||||||
13 | (a) Every applicant for licensure as a managing broker must | ||||||
14 | meet the following qualifications: | ||||||
15 | (1) be at least 20 21 years of age; | ||||||
16 | (2) be of good moral character; | ||||||
17 | (3) have been licensed at least 2 consecutive years out | ||||||
18 | of the preceding 3 years as a broker; | ||||||
19 | (4) successfully complete a 4-year course of study in | ||||||
20 | high school or secondary school approved by the state in | ||||||
21 | which the school is located, or a high school equivalency | ||||||
22 | certificate Illinois State Board of Education or an | ||||||
23 | equivalent course of study as determined by an examination | ||||||
24 | conducted by the Illinois State Board of Education , which | ||||||
25 | shall be verified under oath by the applicant; |
| |||||||
| |||||||
1 | (5) provide satisfactory evidence of having completed | ||||||
2 | at least 165 hours, 120 of which shall be those hours | ||||||
3 | required pre-licensure pre and post-licensure to obtain a | ||||||
4 | broker's license, and 45 additional hours completed within | ||||||
5 | the year immediately preceding the filing of an application | ||||||
6 | for a managing broker's license, which hours shall focus on | ||||||
7 | brokerage administration and management and residential | ||||||
8 | leasing agent management and include at least 15 hours in | ||||||
9 | the classroom or by live, interactive webinar or online | ||||||
10 | distance education courses; | ||||||
11 | (6) personally take and pass a written examination | ||||||
12 | authorized by the Department; and | ||||||
13 | (7) submit present a valid application for issuance of | ||||||
14 | a license accompanied by a sponsor card, an appointment as | ||||||
15 | a managing broker, and the fees specified by rule. | ||||||
16 | (b) The requirements specified in item (5) of subsection | ||||||
17 | (a) of this Section do not apply to applicants who are | ||||||
18 | currently admitted to practice law by the Supreme Court of | ||||||
19 | Illinois and are currently in active standing. | ||||||
20 | (c) No applicant shall act as a managing broker for more | ||||||
21 | than 90 days after an appointment as a managing broker has been | ||||||
22 | filed with the Department without obtaining a managing broker's | ||||||
23 | license.
| ||||||
24 | (Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18 .)
| ||||||
25 | (225 ILCS 454/5-29 new) |
| |||||||
| |||||||
1 | Sec. 5-29. Temporary practice as a designated managing | ||||||
2 | broker. Upon the loss of a designated managing broker who is | ||||||
3 | not replaced by the sponsoring broker or in the event of the | ||||||
4 | death or adjudicated disability of the sole proprietor of an | ||||||
5 | office, a written request for authorization allowing the | ||||||
6 | continued operation of the office may be submitted to the | ||||||
7 | Department within 15 days of the loss. The Department may issue | ||||||
8 | a written authorization allowing the continued operation, | ||||||
9 | provided that a licensed managing broker or, in the case of the | ||||||
10 | death or adjudicated disability of a sole proprietor, the | ||||||
11 | representative of the estate, assumes responsibility, in | ||||||
12 | writing, for the operation of the office and agrees to | ||||||
13 | personally supervise the operation of the office. No such | ||||||
14 | written authorization shall be valid for more than 60 days | ||||||
15 | unless extended by the Department for good cause shown and upon | ||||||
16 | written request by the broker or representative.
| ||||||
17 | (225 ILCS 454/5-35)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
19 | Sec. 5-35. Examination; managing broker, broker, or | ||||||
20 | residential leasing agent.
| ||||||
21 | (a) The Department shall authorize examinations at such
| ||||||
22 | times and places as it may designate. The examination shall be | ||||||
23 | of a character to give a fair test of the qualifications of the | ||||||
24 | applicant to practice as a managing broker, broker, or | ||||||
25 | residential leasing agent. Applicants for examination as a |
| |||||||
| |||||||
1 | managing broker, broker, or residential leasing agent shall be | ||||||
2 | required to pay, either to the Department or the designated | ||||||
3 | testing service, a fee covering the cost of providing the | ||||||
4 | examination. Failure to appear for the examination on the | ||||||
5 | scheduled date, at the time and place specified, after the | ||||||
6 | applicant's application for examination has been received and | ||||||
7 | acknowledged by the Department or its the designated testing | ||||||
8 | service, shall result in the forfeiture of the examination fee.
| ||||||
9 | An applicant shall be eligible to take the
examination only | ||||||
10 | after
successfully completing the education requirements
and
| ||||||
11 | attaining the
minimum age provided for in Article 5 of this | ||||||
12 | Act. Each applicant shall be required to
establish compliance | ||||||
13 | with
the eligibility requirements in the manner provided by the | ||||||
14 | rules
promulgated for
the administration of this Act.
| ||||||
15 | (b) If a person who has received a passing score on the | ||||||
16 | written examination
described in this Section fails to submit | ||||||
17 | file an application and meet all
requirements for a license
| ||||||
18 | under this Act within
one year after receiving a passing score | ||||||
19 | on the examination, credit for the
examination shall
terminate. | ||||||
20 | The person thereafter may make a new application for | ||||||
21 | examination.
| ||||||
22 | (c) If an applicant has failed an examination 4 consecutive | ||||||
23 | times, the applicant must
repeat the pre-license
education | ||||||
24 | required to sit for that the examination. For the purposes of | ||||||
25 | this
Section, the fifth attempt
shall be the same as the first. | ||||||
26 | Approved education, as prescribed by this Act
for licensure as |
| |||||||
| |||||||
1 | a
managing broker, broker, or residential leasing agent, shall | ||||||
2 | be valid for 2 4
years after the date of satisfactory | ||||||
3 | completion of the education.
| ||||||
4 | (d) The Department may employ consultants for the purposes | ||||||
5 | of preparing and conducting examinations. | ||||||
6 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
7 | (225 ILCS 454/5-40)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
9 | Sec. 5-40. Sponsorship; establishing and terminating | ||||||
10 | sponsorship Sponsor card; termination indicated by license | ||||||
11 | endorsement;
association
with new broker . | ||||||
12 | (a) The sponsoring broker shall notify the Department, in a | ||||||
13 | manner prescribed by the Department, of each licensee employed | ||||||
14 | by or associated with the sponsoring broker within 24 hours | ||||||
15 | after establishing a sponsorship prepare upon forms provided by | ||||||
16 | the Department and
deliver to each
licensee employed by or | ||||||
17 | associated with the sponsoring broker a sponsor card
certifying | ||||||
18 | that the
person whose name appears thereon is in fact employed | ||||||
19 | by or associated with the
sponsoring
broker. The sponsoring | ||||||
20 | broker shall send
a duplicate of each sponsor card,
along with | ||||||
21 | a valid
license or other authorization as provided by rule and | ||||||
22 | the appropriate fee, to the Department
within 24 hours
of | ||||||
23 | issuance of the sponsor card. It is a violation of this Act for | ||||||
24 | any broker
to issue a sponsor card to
any licensee or applicant | ||||||
25 | unless the licensee or applicant presents in hand a
valid |
| |||||||
| |||||||
1 | license or other
authorization as provided by rule .
| ||||||
2 | (b) When a licensee terminates his or her employment or | ||||||
3 | association with a
sponsoring broker
or the employment is | ||||||
4 | terminated by the sponsoring broker, the person or entity | ||||||
5 | initiating the termination shall notify the Department, in a | ||||||
6 | manner prescribed by the Department, of the termination within | ||||||
7 | 24 hours licensee shall
obtain from the
sponsoring broker his | ||||||
8 | or her license endorsed by the sponsoring broker
indicating the
| ||||||
9 | termination. The
sponsoring broker shall surrender to the | ||||||
10 | Department a copy of the license of the
licensee within 2 days | ||||||
11 | of
the termination or shall notify the Department in writing of | ||||||
12 | the termination and
explain why a copy of
the license is not | ||||||
13 | surrendered . Failure to timely notify the Department of the | ||||||
14 | termination shall subject the person or entity initiating the | ||||||
15 | termination of the sponsoring broker to surrender
the license | ||||||
16 | shall
subject the sponsoring broker to discipline under Section | ||||||
17 | 20-20 of this Act.
The
license of any licensee
whose | ||||||
18 | association with a sponsoring broker is terminated shall | ||||||
19 | automatically
become inactive inoperative
immediately upon the | ||||||
20 | termination , and the licensee shall not be authorized to | ||||||
21 | practice until a new valid sponsorship is registered with the | ||||||
22 | Department unless the licensee accepts employment or
becomes | ||||||
23 | associated
with a new sponsoring broker pursuant to subsection | ||||||
24 | (c) of this Section .
| ||||||
25 | (c) When a licensee accepts employment or association with | ||||||
26 | a new sponsoring
broker, the new
sponsoring broker shall send |
| |||||||
| |||||||
1 | to the Department a duplicate sponsor card, along with the
| ||||||
2 | licensee's endorsed
license or an affidavit of the licensee of | ||||||
3 | why the endorsed license is not
surrendered, and shall pay
the | ||||||
4 | appropriate fee prescribed by rule to cover administrative | ||||||
5 | expenses
attendant to the changes in
the registration of the | ||||||
6 | licensee.
| ||||||
7 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
8 | (225 ILCS 454/5-41) | ||||||
9 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
10 | Sec. 5-41. Licensee contact information Change of address . | ||||||
11 | An applicant or A licensee shall inform notify the Department | ||||||
12 | of any change of address, email address, telephone number, or | ||||||
13 | office location within 24 hours after any such change. A | ||||||
14 | licensee shall notify the Department of any such change either | ||||||
15 | through the Department's website or by other means prescribed | ||||||
16 | by the Department the address or addresses, and of every change | ||||||
17 | of address, where the licensee practices as a leasing agent, | ||||||
18 | broker or managing broker .
| ||||||
19 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
20 | (225 ILCS 454/5-45)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
22 | Sec. 5-45. Offices.
| ||||||
23 | (a) If a sponsoring broker maintains more than one office | ||||||
24 | within the State,
the sponsoring
broker shall notify the |
| |||||||
| |||||||
1 | Department in a manner on forms prescribed by the Department | ||||||
2 | for each office other than the
sponsoring broker's
principal | ||||||
3 | place of business. The brokerage license shall be displayed
| ||||||
4 | conspicuously in each
branch office. The name of each branch | ||||||
5 | office shall be the same as that of the
sponsoring broker's
| ||||||
6 | principal office or shall clearly delineate the branch office's | ||||||
7 | relationship
with the principal office.
| ||||||
8 | (b) The sponsoring broker shall name a designated managing | ||||||
9 | broker for each branch
office and the
sponsoring broker shall | ||||||
10 | be responsible for supervising all designated managing | ||||||
11 | brokers.
The sponsoring
broker shall notify the Department in a | ||||||
12 | manner prescribed by the Department writing of the name of all | ||||||
13 | designated managing brokers of the
sponsoring broker and the | ||||||
14 | office or offices they manage. Any person initially named as a | ||||||
15 | managing broker after April 30, 2011 must either (i) be | ||||||
16 | licensed as a managing broker or (ii) meet all the requirements | ||||||
17 | to be licensed as a managing broker except the required | ||||||
18 | education and examination and secure the managing broker's | ||||||
19 | license within 90 days of being named as a managing broker.
Any | ||||||
20 | changes in designated managing brokers shall be reported to the | ||||||
21 | Department in a manner prescribed by the Department writing | ||||||
22 | within 15
days of the
change. Failure to do so shall subject | ||||||
23 | the sponsoring broker to discipline
under
Section 20-20 of this | ||||||
24 | Act.
| ||||||
25 | (c) The sponsoring broker shall , within 24 hours, | ||||||
26 | immediately notify the Department in a manner prescribed by the |
| |||||||
| |||||||
1 | Department writing of any
opening, closing, or
change in | ||||||
2 | location of any principal or branch office.
| ||||||
3 | (d) Except as provided in this Section, each sponsoring | ||||||
4 | broker shall
maintain an a definite office,
or place of | ||||||
5 | business within this State for the transaction of real estate
| ||||||
6 | business, shall conspicuously
display an identification sign | ||||||
7 | on the outside of his or her physical office of adequate
size | ||||||
8 | and visibility. Any record required by this Act to be created | ||||||
9 | or maintained shall be, in the case of a physical record, | ||||||
10 | securely stored and accessible for inspection by the Department | ||||||
11 | at the sponsoring broker's principal office and, in the case of | ||||||
12 | an electronic record, securely stored in the format in which it | ||||||
13 | was originally generated, sent, or received and accessible for | ||||||
14 | inspection by the Department by secure electronic access to the | ||||||
15 | record. Any record relating to a transaction of a special | ||||||
16 | account shall be maintained for a minimum of 5 years, and any | ||||||
17 | electronic record shall be backed up at least monthly. The | ||||||
18 | office or place of business shall not be located in any
retail | ||||||
19 | or financial business
establishment unless it is clearly | ||||||
20 | separated from the other business by a separate and is situated | ||||||
21 | within a
distinct area within
the establishment. | ||||||
22 | (e) A broker who is licensed in this State by examination | ||||||
23 | or
pursuant to the
provisions of Section 5-60 of this Act shall | ||||||
24 | not be required to maintain a
definite office or place of
| ||||||
25 | business in this State provided all of the following conditions | ||||||
26 | are met:
|
| |||||||
| |||||||
1 | (1) the broker maintains an
active broker's license in | ||||||
2 | the broker's state of domicile;
| ||||||
3 | (2) the broker
maintains an office in the
broker's | ||||||
4 | state of domicile; and
| ||||||
5 | (3) the broker has filed with the Department written
| ||||||
6 | statements appointing the
Secretary to act as the broker's | ||||||
7 | agent upon whom all judicial and other
process or legal | ||||||
8 | notices
directed to the licensee may be served and agreeing | ||||||
9 | to abide by all of the
provisions of this Act
with respect | ||||||
10 | to his or her real estate activities within the State of | ||||||
11 | Illinois
and
submitting to the jurisdiction
of the | ||||||
12 | Department.
| ||||||
13 | The statements under subdivision (3) of this Section shall | ||||||
14 | be in form and
substance the same as those
statements required
| ||||||
15 | under Section 5-60 of this Act and shall operate to the same | ||||||
16 | extent.
| ||||||
17 | (e) Upon the loss of a managing broker who is not replaced | ||||||
18 | by the sponsoring
broker or in the
event of the death or | ||||||
19 | adjudicated disability of the sole proprietor of an
office, a | ||||||
20 | written request for
authorization allowing the continued | ||||||
21 | operation of the office may be submitted
to the Department | ||||||
22 | within 15
days of the loss. The Department may issue a written | ||||||
23 | authorization allowing the
continued operation,
provided that | ||||||
24 | a licensed broker, or in the case of the death or adjudicated
| ||||||
25 | disability of a sole
proprietor, the representative of the | ||||||
26 | estate, assumes responsibility, in
writing, for the operation |
| |||||||
| |||||||
1 | of
the office and agrees to personally supervise the operation | ||||||
2 | of the office. No
such written
authorization shall be valid for | ||||||
3 | more than 60 days unless extended by the Department for
good | ||||||
4 | cause shown
and upon written request by the broker or | ||||||
5 | representative.
| ||||||
6 | (f) The Department may adopt rules to permit and regulate | ||||||
7 | the operation of virtual offices that do not have a fixed | ||||||
8 | location. | ||||||
9 | (Source: P.A. 100-831, eff. 1-1-19 .)
| ||||||
10 | (225 ILCS 454/5-50)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
12 | Sec. 5-50. Expiration and renewal of managing broker, | ||||||
13 | broker, or residential
leasing agent license; sponsoring | ||||||
14 | broker;
register of licensees ; pocket card . | ||||||
15 | (a) The expiration date and renewal period for each license | ||||||
16 | issued under
this Act shall be set by
rule. Except as otherwise | ||||||
17 | provided in this Section, the holder of
a
license may renew
the | ||||||
18 | license within 90 days preceding the expiration date thereof by | ||||||
19 | completing the continuing education required by this Act and | ||||||
20 | paying the
fees specified by
rule.
| ||||||
21 | (b) An individual whose first license is that of a broker | ||||||
22 | received on or after the effective date of this amendatory Act | ||||||
23 | of the 101st General Assembly the effective date of this | ||||||
24 | amendatory Act of the 100th General Assembly , must provide | ||||||
25 | evidence of having completed 45 30 hours of post-license |
| |||||||
| |||||||
1 | education in courses recommended by the Board and approved by | ||||||
2 | the Department, 15 hours of which must consist of situational | ||||||
3 | and case studies presented in a classroom or a live, | ||||||
4 | interactive webinar, or online distance education course, and | ||||||
5 | which shall require passage of a final examination or home | ||||||
6 | study course. Credit for courses taken through a home study | ||||||
7 | course shall require passage of an examination approved by the | ||||||
8 | Department prior to the first renewal of their broker's | ||||||
9 | license .
| ||||||
10 | The Board may recommend, and the Department shall approve, | ||||||
11 | 45 hours of post-license education, consisting of three 15-hour | ||||||
12 | post-license courses, one each that covers applied brokerage | ||||||
13 | principles, risk management/discipline, and transactional | ||||||
14 | issues. Each of the courses shall require its own 50-question | ||||||
15 | final examination, which shall be administered by the education | ||||||
16 | provider that delivers the course. | ||||||
17 | Individuals whose first license is that of a broker | ||||||
18 | received on or after the effective date of this amendatory Act | ||||||
19 | of the 101st General Assembly, must complete all three 15-hour | ||||||
20 | courses and successfully pass a course final examination for | ||||||
21 | each course prior to the date of the next broker renewal | ||||||
22 | deadline, except for those individuals who receive their first | ||||||
23 | license within the 180 days preceding the next broker renewal | ||||||
24 | deadline, who must complete all three 15-hour courses and | ||||||
25 | successfully pass a course final examination for each course | ||||||
26 | prior to the second broker renewal deadline that follows the |
| |||||||
| |||||||
1 | receipt of their license. | ||||||
2 | (c) Any managing broker, broker, or residential leasing | ||||||
3 | agent whose license under this Act has expired shall be | ||||||
4 | eligible to renew the license during the 2-year period | ||||||
5 | following the expiration date, provided the managing broker, | ||||||
6 | broker, or residential leasing agent pays the fees as | ||||||
7 | prescribed by rule and completes continuing education and other | ||||||
8 | requirements provided for by the Act or by rule. A Beginning on | ||||||
9 | May 1, 2012, a managing broker licensee , broker, or residential | ||||||
10 | leasing agent whose license has been expired for more than 2 | ||||||
11 | years but less than 5 years may have it restored by (i) | ||||||
12 | applying to the Department, (ii) paying the required fee, (iii) | ||||||
13 | completing the continuing education requirements for the most | ||||||
14 | recent pre-renewal period that ended prior to the date of the | ||||||
15 | application for reinstatement, and (iv) filing acceptable | ||||||
16 | proof of fitness to have his or her license restored, as set by | ||||||
17 | rule. A managing broker, broker, or residential leasing agent | ||||||
18 | whose license has been expired for more than 5 years shall be | ||||||
19 | required to meet the requirements for a new license.
| ||||||
20 | (d) Notwithstanding any other provisions of this Act to the | ||||||
21 | contrary, any managing broker, broker, or residential leasing | ||||||
22 | agent whose license expired while he or she was (i) on active | ||||||
23 | duty with the Armed Forces of the United States or called into | ||||||
24 | service or training by the state militia, (ii) engaged in | ||||||
25 | training or education under the supervision of the United | ||||||
26 | States preliminary to induction into military service, or (iii) |
| |||||||
| |||||||
1 | serving as the Coordinator of Real Estate in the State of | ||||||
2 | Illinois or as an employee of the Department may have his or | ||||||
3 | her license renewed, reinstated or restored without paying any | ||||||
4 | lapsed renewal fees if within 2 years after the termination of | ||||||
5 | the service, training or education by furnishing the Department | ||||||
6 | with satisfactory evidence of service, training, or education | ||||||
7 | and it has been terminated under honorable conditions. | ||||||
8 | (e) The Department shall establish and
maintain a register | ||||||
9 | of all persons currently licensed by the
State and shall issue | ||||||
10 | and prescribe a form of pocket card. Upon payment by a licensee | ||||||
11 | of the appropriate fee as prescribed by
rule for engagement in | ||||||
12 | the activity for which the licensee is
qualified and holds a | ||||||
13 | license for the current period, the
Department shall issue a | ||||||
14 | pocket card to the licensee. The
pocket card shall be | ||||||
15 | verification that the required fee for the
current period has | ||||||
16 | been paid and shall indicate that the person named thereon is | ||||||
17 | licensed for the current renewal period as a
managing broker, | ||||||
18 | broker, or leasing agent as the
case may be. The pocket card | ||||||
19 | shall further indicate that the
person named thereon is | ||||||
20 | authorized by the Department to
engage in the licensed activity | ||||||
21 | appropriate for his or her
status (managing broker, broker, or | ||||||
22 | leasing
agent). Each licensee shall carry on his or her person | ||||||
23 | his or
her license or an electronic version thereof pocket card | ||||||
24 | or, if such pocket card has not yet been
issued, a properly | ||||||
25 | issued sponsor card when engaging in any
licensed activity and | ||||||
26 | shall display the same on demand . |
| |||||||
| |||||||
1 | (f) The Department shall provide to the sponsoring broker a | ||||||
2 | notice of renewal for all sponsored licensees by mailing the | ||||||
3 | notice to the sponsoring broker's address of record, or, at the | ||||||
4 | Department's discretion, emailing the notice to the sponsoring | ||||||
5 | broker's email address of record by an electronic means as | ||||||
6 | provided for by rule . | ||||||
7 | (g) Upon request from the sponsoring broker, the Department | ||||||
8 | shall make available to the sponsoring broker, either by mail | ||||||
9 | or by an electronic means at the discretion of the Department, | ||||||
10 | a listing of licensees under this Act who, according to the | ||||||
11 | records of the Department, are sponsored by that broker. Every | ||||||
12 | licensee associated with or employed by a broker whose license | ||||||
13 | is revoked, suspended, terminated, or expired shall be | ||||||
14 | considered inactive as inoperative until such time as the | ||||||
15 | sponsoring broker's license is reinstated or renewed, or the | ||||||
16 | licensee changes employment as set forth in subsection (c) of | ||||||
17 | Section 5-40 of this Act. | ||||||
18 | (Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18 .)
| ||||||
19 | (225 ILCS 454/5-60)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
21 | Sec. 5-60. Managing broker licensed in another state; | ||||||
22 | broker licensed in another state;
reciprocal agreements; agent
| ||||||
23 | for service
of process. | ||||||
24 | (a) A Effective May 1, 2011, a managing broker's license | ||||||
25 | may be issued by the Department to a managing broker or its |
| |||||||
| |||||||
1 | equivalent licensed under the laws of another state of the | ||||||
2 | United States, under the following conditions: | ||||||
3 | (1) the managing broker holds a managing broker's | ||||||
4 | license in a state that has entered into a reciprocal | ||||||
5 | agreement with the Department; | ||||||
6 | (2) the standards for that state for licensing as a | ||||||
7 | managing broker are substantially equal to or greater than | ||||||
8 | the minimum standards in the State of Illinois; | ||||||
9 | (3) the managing broker has been actively practicing as | ||||||
10 | a managing broker in the managing broker's state of | ||||||
11 | licensure for a period of not less than 2 years, | ||||||
12 | immediately prior to the date of application; | ||||||
13 | (4) the managing broker furnishes the Department with a | ||||||
14 | statement under seal of the proper licensing authority of | ||||||
15 | the state in which the managing broker is licensed showing | ||||||
16 | that the managing broker has an active managing broker's | ||||||
17 | license, that the managing broker is in good standing, and | ||||||
18 | that no complaints are pending against the managing broker | ||||||
19 | in that state; | ||||||
20 | (5) the managing broker passes a test on Illinois | ||||||
21 | specific real estate brokerage laws; and | ||||||
22 | (6) the managing broker was licensed by an examination | ||||||
23 | in the state that has entered into a reciprocal agreement | ||||||
24 | with the Department. | ||||||
25 | (b) A broker's license may be issued by the Department to a | ||||||
26 | broker or its equivalent licensed under the
laws of another
|
| |||||||
| |||||||
1 | state of the United States, under the following conditions:
| ||||||
2 | (1) the broker
holds a broker's license in a state that | ||||||
3 | has entered into a reciprocal agreement with the | ||||||
4 | Department;
| ||||||
5 | (2) the standards for that state for licensing as
a | ||||||
6 | broker are substantially
equivalent to or greater than the | ||||||
7 | minimum standards in the State of Illinois;
| ||||||
8 | (3) (blank); if the application is made prior to May 1, | ||||||
9 | 2012, then the broker has been
actively practicing as a | ||||||
10 | broker in the broker's state of licensure for a period
of | ||||||
11 | not less than 2 years,
immediately prior to the date of | ||||||
12 | application;
| ||||||
13 | (4) the broker furnishes the Department with a | ||||||
14 | statement under
seal of the proper licensing authority of | ||||||
15 | the state in which the broker is
licensed showing that the
| ||||||
16 | broker has an active broker's license, that the broker is | ||||||
17 | in good standing, and
that no
complaints are pending | ||||||
18 | against
the broker in that state;
| ||||||
19 | (5) the broker passes a test on
Illinois specific real | ||||||
20 | estate brokerage laws; and
| ||||||
21 | (6) the broker was licensed by an examination in a | ||||||
22 | state that has entered into a reciprocal agreement with the | ||||||
23 | Department.
| ||||||
24 | (c) (Blank).
| ||||||
25 | (d) As a condition precedent to the issuance of a license | ||||||
26 | to a managing broker
or broker pursuant to this Section,
the |
| |||||||
| |||||||
1 | managing broker or broker shall agree in writing to abide by | ||||||
2 | all the provisions
of this Act with
respect to his or her real | ||||||
3 | estate activities within the State of Illinois and
submit to | ||||||
4 | the jurisdiction of the Department
as provided in this Act. The | ||||||
5 | agreement shall be filed with the Department and shall
remain | ||||||
6 | in force
for so long as the managing broker or broker is | ||||||
7 | licensed by this State
and thereafter with
respect to acts or | ||||||
8 | omissions committed while licensed as a managing broker or
| ||||||
9 | broker in this State.
| ||||||
10 | (e) Prior to the issuance of any license to any managing | ||||||
11 | broker or broker pursuant to this Section, verification of
| ||||||
12 | active licensure issued
for the conduct of such business in any | ||||||
13 | other state must be filed with the Department by
the managing | ||||||
14 | broker or broker,
and the same fees must be paid as provided in | ||||||
15 | this Act for the obtaining of a
managing broker's or broker's | ||||||
16 | license in this State.
| ||||||
17 | (f) Licenses previously granted under reciprocal | ||||||
18 | agreements with other
states shall remain in
force so long as | ||||||
19 | the Department has a reciprocal agreement with the state that | ||||||
20 | includes
the requirements of this Section, unless
that license | ||||||
21 | is suspended, revoked, or terminated by the Department for any | ||||||
22 | reason
provided for
suspension, revocation, or
termination of a | ||||||
23 | resident licensee's license. Licenses granted under
reciprocal | ||||||
24 | agreements may be
renewed in the same manner as a resident's | ||||||
25 | license.
| ||||||
26 | (g) Prior to the issuance of a license to a nonresident |
| |||||||
| |||||||
1 | managing broker or broker, the managing broker or broker shall | ||||||
2 | file with the Department , in a manner prescribed by the | ||||||
3 | Department, a designation in writing that appoints the | ||||||
4 | Secretary
to act as
his or her agent upon whom all judicial and | ||||||
5 | other process or legal notices
directed to the managing broker | ||||||
6 | or broker may be served. Service upon the agent so designated | ||||||
7 | shall be
equivalent to personal
service upon the licensee. | ||||||
8 | Copies of the appointment, certified by the Secretary, shall be
| ||||||
9 | deemed sufficient evidence thereof and shall be admitted in | ||||||
10 | evidence with the
same force and effect
as the original thereof | ||||||
11 | might be admitted. In the written designation, the managing | ||||||
12 | broker
or broker
shall agree that any lawful process against | ||||||
13 | the licensee that is served upon
the agent shall be of
the same | ||||||
14 | legal force and validity as if served upon the licensee and | ||||||
15 | that the
authority shall continue
in force so long as any | ||||||
16 | liability remains outstanding in this State. Upon the
receipt | ||||||
17 | of any process or notice, the Secretary
shall forthwith deliver | ||||||
18 | mail a copy of the same by regular certified mail or email to | ||||||
19 | the last known
business address or email address of the
| ||||||
20 | licensee.
| ||||||
21 | (h) Any person holding a valid license under this Section | ||||||
22 | shall be eligible
to obtain a managing broker's license or a
| ||||||
23 | broker's license without examination should that person change
| ||||||
24 | their state of
domicile to Illinois and that person otherwise | ||||||
25 | meets the qualifications for
licensure under this Act.
| ||||||
26 | (Source: P.A. 99-227, eff. 8-3-15.)
|
| |||||||
| |||||||
1 | (225 ILCS 454/5-70)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
3 | Sec. 5-70. Continuing education requirement; managing | ||||||
4 | broker or broker.
| ||||||
5 | (a) The requirements of this Section apply to all managing | ||||||
6 | brokers and brokers.
| ||||||
7 | (b) Except as otherwise
provided in this Section, each
| ||||||
8 | person who applies for renewal of his or her license as a | ||||||
9 | managing broker or broker must successfully complete 12 6 hours | ||||||
10 | of real estate continuing education
courses recommended by the | ||||||
11 | Board and approved by
the Department during the current term of | ||||||
12 | the license for each year of the pre-renewal period . In | ||||||
13 | addition, beginning with the pre-renewal period for managing | ||||||
14 | broker licensees that begins after the effective date of this | ||||||
15 | Act, those licensees renewing or obtaining a managing broker's | ||||||
16 | license must successfully complete a 12-hour broker management | ||||||
17 | continuing education course approved by the Department during | ||||||
18 | the current term of the license each pre-renewal period . The | ||||||
19 | broker management continuing education course must be | ||||||
20 | completed in the classroom or through a live, by other | ||||||
21 | interactive webinar or online distance education format | ||||||
22 | delivery method between the instructor and the students. | ||||||
23 | Successful completion of the course shall include achieving a | ||||||
24 | passing score as provided by rule on a test developed and | ||||||
25 | administered in accordance with rules adopted by the |
| |||||||
| |||||||
1 | Department . No
license may be renewed
except upon the | ||||||
2 | successful completion of the required courses or their
| ||||||
3 | equivalent or upon a waiver
of those requirements for good | ||||||
4 | cause shown as determined by the Secretary upon
with the
| ||||||
5 | recommendation of the Board.
The requirements of this Article | ||||||
6 | are applicable to all managing brokers and brokers
except those | ||||||
7 | managing brokers
and brokers who, during the renewal | ||||||
8 | pre-renewal period:
| ||||||
9 | (1) serve in the armed services of the United States;
| ||||||
10 | (2) serve as an elected State or federal official;
| ||||||
11 | (3) serve as a full-time employee of the Department; or
| ||||||
12 | (4) are admitted to practice law pursuant to Illinois | ||||||
13 | Supreme Court rule.
| ||||||
14 | (c) (Blank). | ||||||
15 | (d) A
person receiving an initial license
during the 90 | ||||||
16 | days before the renewal date shall not be
required to complete | ||||||
17 | the continuing
education courses provided for in subsection (b) | ||||||
18 | of this
Section as a condition of initial license renewal.
| ||||||
19 | (e) The continuing education requirement for brokers and | ||||||
20 | managing brokers shall
consist of a single core
curriculum and | ||||||
21 | an elective curriculum, to be recommended by the Board and | ||||||
22 | approved by the Department in accordance with this subsection. | ||||||
23 | The core curriculum shall not be further divided into | ||||||
24 | subcategories or divisions of instruction. The core curriculum | ||||||
25 | shall consist of 4 hours during the current term of the license | ||||||
26 | per 2-year pre-renewal period on subjects that may include, but |
| |||||||
| |||||||
1 | are not limited to, advertising, agency, disclosures, escrow, | ||||||
2 | fair housing, residential leasing agent management, and | ||||||
3 | license law. The amount of time allotted to each of these | ||||||
4 | subjects shall be recommended by the Board and determined by | ||||||
5 | the Department. The Department, upon the recommendation of the | ||||||
6 | Board, shall review the core curriculum every 4 years, at a | ||||||
7 | minimum, and shall revise the curriculum if necessary. However, | ||||||
8 | the core curriculum's total hourly requirement shall only be | ||||||
9 | subject to change by amendment of this subsection, and any | ||||||
10 | change to the core curriculum shall not be effective for a | ||||||
11 | period of 6 months after such change is made by the Department. | ||||||
12 | The Department shall provide notice to all approved education | ||||||
13 | providers of any changes to the core curriculum. When | ||||||
14 | determining whether revisions of the core curriculum's | ||||||
15 | subjects or specific time requirements are necessary, the Board | ||||||
16 | shall consider
recent changes in applicable laws, new laws, and | ||||||
17 | areas
of the license law and the Department policy that the | ||||||
18 | Board deems appropriate,
and any other subject
areas the Board | ||||||
19 | deems timely and applicable in order to prevent
violations of | ||||||
20 | this Act
and to protect the public.
In establishing a | ||||||
21 | recommendation to the Department regarding the elective | ||||||
22 | curriculum, the Board shall consider
subjects that cover
the | ||||||
23 | various aspects of the practice of real estate that are covered | ||||||
24 | under the
scope of this Act.
| ||||||
25 | (f) The subject areas of continuing education courses | ||||||
26 | recommended by the Board and approved by the Department shall |
| |||||||
| |||||||
1 | be meant to protect the professionalism of the industry, the | ||||||
2 | consumer, and the public and prevent violations of this Act and
| ||||||
3 | may
include without limitation the following:
| ||||||
4 | (1) license law and escrow;
| ||||||
5 | (2) antitrust;
| ||||||
6 | (3) fair housing;
| ||||||
7 | (4) agency;
| ||||||
8 | (5) appraisal;
| ||||||
9 | (6) property management;
| ||||||
10 | (7) residential brokerage;
| ||||||
11 | (8) farm property management;
| ||||||
12 | (9) transaction management rights and duties of | ||||||
13 | parties in a transaction sellers, buyers, and brokers ;
| ||||||
14 | (10) commercial brokerage and leasing;
| ||||||
15 | (11) real estate financing;
| ||||||
16 | (12) disclosures; | ||||||
17 | (13) residential leasing agent management; and | ||||||
18 | (14) advertising ; . | ||||||
19 | (15) broker supervision and managing broker | ||||||
20 | responsibility; | ||||||
21 | (16) professional conduct; and | ||||||
22 | (17) use of technology. | ||||||
23 | (g) In lieu of credit for those courses listed in | ||||||
24 | subsection (f) of this
Section, credit may be
earned for | ||||||
25 | serving as a licensed instructor in an approved course of | ||||||
26 | continuing
education. The
amount of credit earned for teaching |
| |||||||
| |||||||
1 | a course shall be the amount of continuing
education credit for
| ||||||
2 | which the course is approved for licensees taking the course.
| ||||||
3 | (h) Credit hours may be earned for self-study programs | ||||||
4 | approved by the Department.
| ||||||
5 | (i) A managing broker or broker may earn credit for a | ||||||
6 | specific continuing
education course only
once during the | ||||||
7 | current term of the license pre-renewal period .
| ||||||
8 | (j) No more than 12 6 hours of continuing education credit | ||||||
9 | may be taken in one
calendar day.
| ||||||
10 | (k) To promote the offering of a uniform and consistent | ||||||
11 | course content, the Department may provide for the development | ||||||
12 | of a single broker management course to be offered by all | ||||||
13 | education providers who choose to offer the broker management | ||||||
14 | continuing education course. The Department may contract for | ||||||
15 | the development of the 12-hour broker management continuing | ||||||
16 | education course with an outside vendor or consultant and, if | ||||||
17 | the course is developed in this manner, the Department or the | ||||||
18 | outside consultant shall license the use of that course to all | ||||||
19 | approved education providers who wish to provide the course.
| ||||||
20 | (l) Except as specifically provided in this Act, continuing | ||||||
21 | education credit hours may not be earned for completion of | ||||||
22 | pre-license pre or post-license courses. The courses | ||||||
23 | comprising the approved 45-hour 30-hour post-license | ||||||
24 | curriculum course for broker licensees shall satisfy the | ||||||
25 | continuing education requirement for the pre-renewal period in | ||||||
26 | which the courses are course is taken. The approved 45-hour |
| |||||||
| |||||||
1 | brokerage administration and management course shall satisfy | ||||||
2 | the 12-hour broker management continuing education requirement | ||||||
3 | for the license term pre-renewal period in which the course is | ||||||
4 | taken. | ||||||
5 | (Source: P.A. 99-227, eff. 8-3-15; 99-728, eff. 1-1-17; | ||||||
6 | 100-188, eff. 1-1-18 .)
| ||||||
7 | (225 ILCS 454/5-75)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
9 | Sec. 5-75. Out-of-state continuing education credit. If a | ||||||
10 | renewal applicant has earned continuing education hours in | ||||||
11 | another state
or territory for which
he or she is claiming | ||||||
12 | credit toward full compliance in Illinois, the Board shall | ||||||
13 | review and recommend to the Department may whether it should
| ||||||
14 | approve those hours based upon whether the course is one that
| ||||||
15 | would be approved
under Section 5-70 of this Act, whether the | ||||||
16 | course meets the basic requirements
for
continuing education | ||||||
17 | under
this Act, and any other criteria that are is provided by | ||||||
18 | statute or rule.
| ||||||
19 | (Source: P.A. 100-188, eff. 1-1-18 .)
| ||||||
20 | (225 ILCS 454/10-5)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
22 | Sec. 10-5. Payment of compensation.
| ||||||
23 | (a) No licensee shall pay compensation directly to a | ||||||
24 | licensee sponsored by
another sponsoring broker for
the |
| |||||||
| |||||||
1 | performance of licensed activities. No licensee sponsored by a | ||||||
2 | broker may
pay compensation to
any licensee other than his or | ||||||
3 | her sponsoring broker for the performance of
licensed | ||||||
4 | activities
unless the licensee paying the compensation is a | ||||||
5 | principal to the transaction.
However, a non-sponsoring broker | ||||||
6 | may pay compensation directly to a licensee
sponsored by
| ||||||
7 | another or a person
who is not sponsored by a broker if the | ||||||
8 | payments are made pursuant to terms of
an employment
agreement | ||||||
9 | that was previously in place between a licensee and the
| ||||||
10 | non-sponsoring broker, and the
payments are for licensed | ||||||
11 | activity performed by that person while previously
sponsored by | ||||||
12 | the now
non-sponsoring broker.
| ||||||
13 | (b) No licensee sponsored by a broker shall accept | ||||||
14 | compensation for the
performance of
activities under this Act | ||||||
15 | except from the broker by whom the licensee is
sponsored, | ||||||
16 | except as
provided in this Section.
| ||||||
17 | (c) (Blank). Any person that is a licensed personal | ||||||
18 | assistant for another licensee
may only be
compensated in his | ||||||
19 | or her capacity as a personal assistant by the sponsoring
| ||||||
20 | broker for that licensed
personal assistant.
| ||||||
21 | (d) One sponsoring broker may pay compensation directly to | ||||||
22 | another
sponsoring broker for the
performance of licensed | ||||||
23 | activities.
| ||||||
24 | (e) Notwithstanding any other provision of this Act, a | ||||||
25 | sponsoring broker may pay compensation to a person currently | ||||||
26 | licensed under the Auction License Act who is in compliance |
| |||||||
| |||||||
1 | with and providing services under Section 5-32 of this Act. | ||||||
2 | (Source: P.A. 98-553, eff. 1-1-14.)
| ||||||
3 | (225 ILCS 454/10-10)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
5 | Sec. 10-10. Disclosure of compensation.
| ||||||
6 | (a) A licensee must disclose to a client the sponsoring | ||||||
7 | broker's
compensation and policy with
regard to cooperating | ||||||
8 | with brokers who represent other parties in a
transaction.
| ||||||
9 | (b) A licensee must disclose to a client all sources of | ||||||
10 | compensation related
to the transaction
received by the | ||||||
11 | licensee from a third party.
| ||||||
12 | (c) If a licensee refers a client to a third party in which | ||||||
13 | the licensee has
greater than a 1% ownership interest
or from | ||||||
14 | which the licensee receives or may receive dividends or other | ||||||
15 | profit
sharing distributions, other than a
publicly held or | ||||||
16 | traded company, for the purpose of the client obtaining
| ||||||
17 | services related to the transaction, then the
licensee shall | ||||||
18 | disclose that fact to the client at the time of making the
| ||||||
19 | referral.
| ||||||
20 | (d) If in any one transaction a sponsoring broker receives | ||||||
21 | compensation from
both the buyer
and seller or lessee and | ||||||
22 | lessor of real estate, the sponsoring broker shall
disclose in | ||||||
23 | writing to a
client the fact that the compensation is being | ||||||
24 | paid by both buyer and seller or
lessee and lessor.
| ||||||
25 | (e) Nothing in the Act shall prohibit the cooperation with |
| |||||||
| |||||||
1 | or a payment of
compensation to an individual domiciled in any | ||||||
2 | other state a
person not domiciled in this State or country who | ||||||
3 | is licensed as a broker in
his or her state or country of | ||||||
4 | domicile or to a resident of a country
that does not require a | ||||||
5 | person to be licensed to act as a broker if
the person complies | ||||||
6 | with the laws of the country in which that person resides
and | ||||||
7 | practices there as a broker.
| ||||||
8 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
9 | (225 ILCS 454/10-15)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
11 | Sec. 10-15. No compensation to persons in violation of Act; | ||||||
12 | compensation
to unlicensed
persons; consumer. | ||||||
13 | (a) No compensation may be paid to any unlicensed person in | ||||||
14 | exchange for the
person
performing licensed activities in | ||||||
15 | violation of this Act.
| ||||||
16 | (b) No action or suit shall be instituted, nor recovery | ||||||
17 | therein be had, in
any court of this State
by any person for | ||||||
18 | compensation for any act done or service performed, the doing
| ||||||
19 | or performing of
which is prohibited by this Act to other than | ||||||
20 | licensed managing brokers, brokers,
or residential leasing | ||||||
21 | agents unless
the person was duly
licensed hereunder as a | ||||||
22 | managing broker,
broker, or residential leasing agent under | ||||||
23 | this Act at the time that any such
act was done or service
| ||||||
24 | performed that would give rise to a cause of action for | ||||||
25 | compensation.
|
| |||||||
| |||||||
1 | (c) A licensee may offer compensation, including prizes, | ||||||
2 | merchandise,
services, rebates,
discounts, or other | ||||||
3 | consideration to an unlicensed person who is a party to a
| ||||||
4 | contract to buy or sell
real estate or is a party to a contract | ||||||
5 | for the lease of real estate, so long
as the offer complies | ||||||
6 | with
the provisions of subdivision (35) of subsection (a) of | ||||||
7 | Section 20-20 of this
Act.
| ||||||
8 | (d) A licensee may offer cash, gifts, prizes, awards, | ||||||
9 | coupons, merchandise,
rebates or chances
to win a game of | ||||||
10 | chance, if not prohibited by any other law or statute,
to a | ||||||
11 | consumer as an
inducement to that consumer to use the services | ||||||
12 | of the licensee even if the
licensee and consumer
do not | ||||||
13 | ultimately enter into a broker-client relationship so long as | ||||||
14 | the offer
complies with the
provisions of subdivision (35) of | ||||||
15 | subsection (a) of Section 20-20 of this Act.
| ||||||
16 | (e) A licensee shall not pay compensation to an unlicensed | ||||||
17 | person who is not or will not become a party to a real estate | ||||||
18 | transaction in exchange for a referral of real estate services. | ||||||
19 | (f) Nothing in this Section shall be construed as waiving | ||||||
20 | or abrogating the provisions of the Real Estate Settlement | ||||||
21 | Procedures Act (RESPA), 88 Stat. 1724. | ||||||
22 | (Source: P.A. 99-227, eff. 8-3-15; 100-831, eff. 1-1-19 .)
| ||||||
23 | (225 ILCS 454/10-20)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
25 | Sec. 10-20. Sponsoring broker; employment agreement.
|
| |||||||
| |||||||
1 | (a) A licensee may perform activities as a licensee only | ||||||
2 | for his or her
sponsoring broker. A
licensee must have only one | ||||||
3 | sponsoring broker at any one time.
| ||||||
4 | (b) Every broker who employs licensees or has an | ||||||
5 | independent contractor
relationship with a
licensee shall have | ||||||
6 | a written employment or independent contractor agreement with | ||||||
7 | each such licensee.
The
broker having
this written employment | ||||||
8 | or independent contractor agreement with the licensee must be | ||||||
9 | that licensee's
sponsoring broker.
| ||||||
10 | (c) Every sponsoring broker must have a written employment | ||||||
11 | or independent contractor agreement with
each licensee the
| ||||||
12 | broker sponsors. The agreement shall address the employment or | ||||||
13 | independent
contractor
relationship terms, including without | ||||||
14 | limitation supervision,
duties, compensation, and
termination | ||||||
15 | process .
| ||||||
16 | (d) (Blank). Every sponsoring broker must have a written | ||||||
17 | employment agreement with
each licensed
personal assistant who | ||||||
18 | assists a licensee sponsored by the sponsoring broker.
This | ||||||
19 | requirement
applies to all licensed personal assistants | ||||||
20 | whether or not they perform
licensed activities in their
| ||||||
21 | capacity as a personal assistant. The agreement shall address | ||||||
22 | the employment
or independent
contractor relationship terms, | ||||||
23 | including without limitation supervision,
duties, | ||||||
24 | compensation, and
termination.
| ||||||
25 | (e) Notwithstanding the fact that a sponsoring broker has | ||||||
26 | an employment or independent contractor
agreement with a
|
| |||||||
| |||||||
1 | licensee, a sponsoring broker may pay compensation directly to | ||||||
2 | a business entity
solely owned by that
licensee that has been | ||||||
3 | formed for the purpose of receiving compensation earned
by the | ||||||
4 | licensee.
A business entity that receives compensation from a | ||||||
5 | sponsoring broker as provided for formed for the purpose stated | ||||||
6 | in this subsection (e) shall
not be required to be
licensed | ||||||
7 | under this Act and must either be owned solely by the licensee | ||||||
8 | or by the licensee together with the licensee's spouse, but | ||||||
9 | only if the spouse and licensee are both licensed and sponsored | ||||||
10 | by the same sponsoring broker or the spouse is not also | ||||||
11 | licensed so long as the person that is the sole owner of
the | ||||||
12 | business entity is
licensed .
| ||||||
13 | (Source: P.A. 100-831, eff. 1-1-19 .)
| ||||||
14 | (225 ILCS 454/10-30)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
16 | Sec. 10-30. Advertising.
| ||||||
17 | (a) No advertising, whether in print, via the Internet, or | ||||||
18 | through social media, digital forums, or any other media, shall | ||||||
19 | be fraudulent, deceptive, inherently misleading, or
proven to | ||||||
20 | be
misleading in practice. Advertising shall be considered | ||||||
21 | misleading or untruthful if,
when taken as a whole,
there is a | ||||||
22 | distinct and reasonable possibility that it will be | ||||||
23 | misunderstood or
will deceive the
ordinary consumer purchaser, | ||||||
24 | seller, lessee, lessor, or owner . Advertising shall
contain all | ||||||
25 | information
necessary to communicate the information contained |
| |||||||
| |||||||
1 | therein to the public in an accurate,
direct, and readily
| ||||||
2 | comprehensible manner. Team names may not contain inherently | ||||||
3 | misleading terms, such as "company", "realty", "real estate", | ||||||
4 | "agency", "associates", "brokers", "properties", or | ||||||
5 | "property".
| ||||||
6 | (b) No blind advertisements may be used
by any licensee, in | ||||||
7 | any media, except as provided for in this Section.
| ||||||
8 | (c) A licensee shall disclose, in writing, to all parties | ||||||
9 | in a transaction
his or her status as a
licensee and any and | ||||||
10 | all interest the licensee has or may have in the real
estate | ||||||
11 | constituting the
subject matter thereof, directly or | ||||||
12 | indirectly, according to the following
guidelines:
| ||||||
13 | (1) On broker yard signs or in broker advertisements, | ||||||
14 | no disclosure of
ownership is
necessary. However, the | ||||||
15 | ownership shall be indicated on any property data
form | ||||||
16 | accessible to the consumer and disclosed to
persons | ||||||
17 | responding to any advertisement or any sign. The term | ||||||
18 | "broker owned"
or "agent owned"
is sufficient disclosure.
| ||||||
19 | (2) A sponsored or inactive inoperative licensee | ||||||
20 | selling or leasing property, owned
solely by the
sponsored | ||||||
21 | or inactive inoperative licensee, without utilizing | ||||||
22 | brokerage services of
their sponsoring broker or
any other | ||||||
23 | licensee, may advertise "By Owner". For purposes of this | ||||||
24 | Section,
property is "solely
owned" by a sponsored or | ||||||
25 | inactive inoperative licensee if he or she (i) has a
100% | ||||||
26 | ownership interest
alone, (ii) has ownership as a joint |
| |||||||
| |||||||
1 | tenant or tenant by the entirety, or
(iii) holds a
100% | ||||||
2 | beneficial
interest in a land trust. Sponsored or inactive | ||||||
3 | inoperative licensees selling or
leasing "By Owner" shall
| ||||||
4 | comply with the following if advertising by owner:
| ||||||
5 | (A) On "By Owner" yard signs, the sponsored or | ||||||
6 | inactive inoperative licensee
shall
indicate "broker | ||||||
7 | owned" or "agent owned." "By Owner" advertisements | ||||||
8 | used in
any medium of
advertising shall include the | ||||||
9 | term "broker owned" or "agent owned."
| ||||||
10 | (B) If a sponsored or inactive inoperative | ||||||
11 | licensee runs advertisements, for the
purpose of
| ||||||
12 | purchasing or leasing real estate, he or she shall | ||||||
13 | disclose in the
advertisements his or her status as a
| ||||||
14 | licensee.
| ||||||
15 | (C) A sponsored or inactive inoperative licensee | ||||||
16 | shall not use the sponsoring
broker's name or
the | ||||||
17 | sponsoring broker's company name in connection with | ||||||
18 | the sale, lease, or
advertisement of the
property nor | ||||||
19 | utilize the sponsoring broker's or company's name in | ||||||
20 | connection
with the sale, lease, or
advertising of the | ||||||
21 | property in a manner likely to create confusion among | ||||||
22 | the
public as to whether or
not the services of a real | ||||||
23 | estate company are being utilized or whether or not
a | ||||||
24 | real estate company
has an ownership interest in the | ||||||
25 | property.
| ||||||
26 | (d) A sponsored licensee may not advertise under his or her |
| |||||||
| |||||||
1 | own name.
Advertising in any media shall be
under the direct | ||||||
2 | supervision of the sponsoring or designated managing broker and | ||||||
3 | in the
sponsoring broker's
business name, which in the case of | ||||||
4 | a franchise shall include the franchise
affiliation as well as | ||||||
5 | the
name of the individual firm.
This provision does not apply | ||||||
6 | under the following circumstances:
| ||||||
7 | (1) When a licensee enters into a brokerage agreement | ||||||
8 | relating to his or
her own
real estate, or real estate in | ||||||
9 | which he or she has an ownership interest, with
another | ||||||
10 | licensed broker; or
| ||||||
11 | (2) When a licensee is selling or leasing his or her | ||||||
12 | own real estate or
buying or
leasing real estate for | ||||||
13 | himself or herself, after providing the appropriate
| ||||||
14 | written disclosure of his or her ownership interest as | ||||||
15 | required in paragraph
(2) of subsection
(c) of this | ||||||
16 | Section.
| ||||||
17 | (e) No licensee shall list his or her name under the | ||||||
18 | heading or title "Real
Estate" in the
telephone directory or | ||||||
19 | otherwise advertise in his or her own name to the
general | ||||||
20 | public through any
medium of advertising as being in the real | ||||||
21 | estate business without listing his
or her sponsoring
broker's | ||||||
22 | business name.
| ||||||
23 | (f) The sponsoring broker's business name and the name of | ||||||
24 | the licensee must
appear in all
advertisements, including | ||||||
25 | business cards. In advertising that includes the sponsoring | ||||||
26 | broker's name and a team name or individual broker's name, the |
| |||||||
| |||||||
1 | sponsoring broker's business name shall be at least equal in | ||||||
2 | size or larger than the team name or that of the individual. | ||||||
3 | Nothing in this Act shall be
construed to require specific
| ||||||
4 | print size as between the broker's business name and the name | ||||||
5 | of the licensee.
| ||||||
6 | (g) Those individuals licensed as a managing broker and | ||||||
7 | designated with the Department as a designated managing broker | ||||||
8 | by their sponsoring broker shall identify themselves to the | ||||||
9 | public in advertising, except on "For Sale" or similar signs, | ||||||
10 | as a designated managing broker. No other individuals holding a | ||||||
11 | managing broker's license may hold themselves out to the public | ||||||
12 | or other licensees as a designated managing broker , but they | ||||||
13 | may hold themselves out to be a managing broker . | ||||||
14 | (Source: P.A. 96-856, eff. 12-31-09; 97-1002, eff. 8-17-12.)
| ||||||
15 | (225 ILCS 454/10-35) | ||||||
16 | (Section scheduled to be repealed on January 1, 2020) | ||||||
17 | Sec. 10-35. Internet and related advertising. | ||||||
18 | (a) Licensees intending to sell or share consumer | ||||||
19 | information gathered from or through the Internet or other | ||||||
20 | electronic communication media , including, but not limited to, | ||||||
21 | social media and digital forums, shall disclose that intention | ||||||
22 | to consumers in a timely and readily apparent manner. | ||||||
23 | (b) A licensee using Internet or other similar electronic | ||||||
24 | advertising media must not: | ||||||
25 | (1) use a URL or domain name that is deceptive or |
| |||||||
| |||||||
1 | misleading; | ||||||
2 | (2) deceptively or without authorization frame another | ||||||
3 | sponsoring broker's real estate brokerage or multiple | ||||||
4 | listing service website; or | ||||||
5 | (3) engage in phishing or the deceptive use of | ||||||
6 | metatags, keywords or other devices and methods to direct, | ||||||
7 | drive or divert Internet traffic or otherwise mislead | ||||||
8 | consumers.
| ||||||
9 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
10 | (225 ILCS 454/10-50 new) | ||||||
11 | Sec. 10-50. Guaranteed sales plans. | ||||||
12 | (a) As used in this Section, a "guaranteed sales plan" | ||||||
13 | means a real estate purchase or sales plan whereby a licensee | ||||||
14 | enters into one or more conditional or unconditional written | ||||||
15 | contracts with a seller, one of which is a brokerage agreement, | ||||||
16 | and wherein the person agrees to purchase the seller's property | ||||||
17 | within a specified period of time, at a specific price, in the | ||||||
18 | event the property is not sold in accordance with the terms of | ||||||
19 | a brokerage agreement to be entered into between the sponsoring | ||||||
20 | broker and the seller. | ||||||
21 | (b) A person who offers a guaranteed sales plan to | ||||||
22 | consumers is engaged in licensed activity under this Act and is | ||||||
23 | required to have a license. | ||||||
24 | (c) A licensee offering a guaranteed sales plan shall | ||||||
25 | provide the details, including the purchase price, and |
| |||||||
| |||||||
1 | conditions of the plan, in writing to the party to whom the | ||||||
2 | plan is offered prior to entering into the brokerage agreement. | ||||||
3 | (d) A licensee offering a guaranteed sales plan shall | ||||||
4 | provide to the party to whom the plan is offered evidence of | ||||||
5 | sufficient financial resources to satisfy the commitment to | ||||||
6 | purchase undertaken by the broker in the plan. | ||||||
7 | (e) A licensee offering a guaranteed sales plan shall | ||||||
8 | undertake to market the property of the seller subject to the | ||||||
9 | plan in the same manner in which the broker would market any | ||||||
10 | other property, unless the agreement with the seller provides | ||||||
11 | otherwise. | ||||||
12 | (f) The licensee may not purchase seller's property until | ||||||
13 | the period for offering the property for sale has ended | ||||||
14 | according to its terms or is otherwise terminated. | ||||||
15 | (g) Any licensee who fails to perform on a guaranteed sales | ||||||
16 | plan in strict accordance with its terms shall be subject to | ||||||
17 | all the penalties provided in this Act for violations thereof | ||||||
18 | and, in addition, shall be subject to a civil fine payable to | ||||||
19 | the party injured by the default in an amount of up to $25,000.
| ||||||
20 | (225 ILCS 454/10-55 new) | ||||||
21 | Sec. 10-55. Designated managing broker responsibility and | ||||||
22 | supervision. | ||||||
23 | (a) A designated managing broker shall be responsible for | ||||||
24 | the supervision of all licensees associated with a designated | ||||||
25 | managing broker's office. A designated managing broker's |
| |||||||
| |||||||
1 | responsibilities include implementation of company policies, | ||||||
2 | the training of licensees and other employees on the company's | ||||||
3 | policies as well as on relevant provisions of this Act, and | ||||||
4 | providing assistance to all licensees in real estate | ||||||
5 | transactions. The designated managing broker shall be | ||||||
6 | responsible for, and shall supervise, all special accounts of | ||||||
7 | the company. | ||||||
8 | (b) A designated managing broker's responsibilities shall | ||||||
9 | further include directly handling all earnest money, escrows, | ||||||
10 | and contract negotiations for all transactions where the | ||||||
11 | designated agent for the transaction has not completed his or | ||||||
12 | her 45 hours of post-license education, as well as the approval | ||||||
13 | of all advertisements involving a licensee who has not | ||||||
14 | completed his or her 45 hours of post-license education. | ||||||
15 | Licensees that have not completed their 45 hours of | ||||||
16 | post-license education shall have no authority to bind the | ||||||
17 | sponsoring broker.
| ||||||
18 | (225 ILCS 454/15-5)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
20 | Sec. 15-5. Legislative intent.
| ||||||
21 | (a) The General Assembly finds that application of the | ||||||
22 | common law of agency
to the
relationships among licensees under | ||||||
23 | this Act managing brokers and brokers and consumers of real
| ||||||
24 | estate brokerage
services has resulted in misunderstandings | ||||||
25 | and consequences that have been
contrary to the best
interests |
| |||||||
| |||||||
1 | of the public. The General Assembly further finds that the real
| ||||||
2 | estate brokerage industry
has a significant impact upon the | ||||||
3 | economy of the State of Illinois and that it is in the best | ||||||
4 | interest of
the public to provide codification of the | ||||||
5 | relationships between licensees under this Act managing | ||||||
6 | brokers and brokers
and consumers of real estate brokerage | ||||||
7 | services in order to prevent detrimental misunderstandings
and | ||||||
8 | misinterpretations of the relationships by consumers, managing | ||||||
9 | brokers, and brokers and
thus promote and provide stability in | ||||||
10 | the real estate market. This Article 15
is enacted to govern | ||||||
11 | the
relationships between consumers of real estate brokerage | ||||||
12 | services and licensees under this Act managing brokers and | ||||||
13 | brokers
to the extent not governed by an individual written
| ||||||
14 | agreement between a
sponsoring broker and a consumer, providing | ||||||
15 | that
there is a relationship other than designated agency.
This
| ||||||
16 | Article 15 applies to
the exclusion of the common law concepts | ||||||
17 | of principal and agent and to the
fiduciary duties, which
have | ||||||
18 | been applied to managing brokers, brokers, and real estate
| ||||||
19 | brokerage services.
| ||||||
20 | (b) The General Assembly further finds that this Article 15 | ||||||
21 | is not intended
to
prescribe or affect
contractual | ||||||
22 | relationships between managing brokers and brokers and the | ||||||
23 | broker's
affiliated licensees.
| ||||||
24 | (c) This Article 15 may serve as a basis for private rights | ||||||
25 | of action and
defenses by sellers, buyers,
landlords, tenants, | ||||||
26 | managing brokers, and brokers. The
private rights of action,
|
| |||||||
| |||||||
1 | however, do not extend to the provisions of any other Articles
| ||||||
2 | of this
Act.
| ||||||
3 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
4 | (225 ILCS 454/15-10)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
6 | Sec. 15-10. Relationships between licensees and consumers. | ||||||
7 | Licensees shall be considered to be representing the consumer | ||||||
8 | they are working
with as a
designated agent for the consumer | ||||||
9 | unless there is a written agreement between the sponsoring | ||||||
10 | broker and the consumer providing that there is a different | ||||||
11 | relationship. :
| ||||||
12 | (1) there is a written agreement between the sponsoring | ||||||
13 | broker and the
consumer
providing that there is a different | ||||||
14 | relationship; or
| ||||||
15 | (2) the licensee is performing only ministerial acts on | ||||||
16 | behalf of the
consumer.
| ||||||
17 | (Source: P.A. 91-245, eff. 12-31-99 .)
| ||||||
18 | (225 ILCS 454/15-15)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
20 | Sec. 15-15. Duties of licensees representing clients.
| ||||||
21 | (a) A licensee representing a client shall:
| ||||||
22 | (1) Perform the terms of the brokerage agreement | ||||||
23 | between a broker and the
client.
| ||||||
24 | (2) Promote the best interest of the client by:
|
| |||||||
| |||||||
1 | (A) Seeking a transaction at the price and terms | ||||||
2 | stated in the brokerage
agreement or at a price and | ||||||
3 | terms otherwise acceptable to the client.
| ||||||
4 | (B) Timely presenting all offers to and from the | ||||||
5 | client, unless the
client
has
waived this duty.
| ||||||
6 | (C) Disclosing to the client material facts | ||||||
7 | concerning the transaction
of
which
the licensee has | ||||||
8 | actual knowledge, unless that information is | ||||||
9 | confidential
information. Material facts do not
| ||||||
10 | include the following when located on or related to | ||||||
11 | real estate that is not
the subject of the transaction: | ||||||
12 | (i) physical conditions that do not have a
substantial | ||||||
13 | adverse effect on the value of the real estate, (ii) | ||||||
14 | fact
situations, or (iii) occurrences and acts at the | ||||||
15 | property .
| ||||||
16 | (D) Timely accounting for all money and property | ||||||
17 | received in which the
client
has, may have, or should | ||||||
18 | have had an interest.
| ||||||
19 | (E) Obeying specific directions of the client that | ||||||
20 | are not otherwise
contrary to
applicable statutes, | ||||||
21 | ordinances, or rules.
| ||||||
22 | (F) Acting in a manner consistent with promoting | ||||||
23 | the client's best
interests as
opposed to a licensee's | ||||||
24 | or any other person's self-interest.
| ||||||
25 | (3) Exercise reasonable skill and care in the | ||||||
26 | performance of brokerage
services.
|
| |||||||
| |||||||
1 | (4) Keep confidential all confidential information | ||||||
2 | received from the
client.
| ||||||
3 | (5) Comply with all requirements of this Act and all | ||||||
4 | applicable
statutes
and
regulations, including without | ||||||
5 | limitation fair housing and civil rights
statutes.
| ||||||
6 | (b) A licensee representing a client does not breach a duty | ||||||
7 | or obligation to
the client by
showing alternative properties | ||||||
8 | to prospective buyers or tenants, by showing
properties in | ||||||
9 | which
the client is interested to other prospective buyers or | ||||||
10 | tenants, or by making or preparing contemporaneous offers or | ||||||
11 | contracts to purchase or lease the same property. However, a | ||||||
12 | licensee shall provide written disclosure to all clients for | ||||||
13 | whom the licensee is preparing or making contemporaneous offers | ||||||
14 | or contracts to purchase or lease the same property and shall | ||||||
15 | refer to another designated agent any client that requests such | ||||||
16 | referral.
| ||||||
17 | (c) A licensee representing a buyer or tenant client will | ||||||
18 | not be presumed to
have breached a
duty or obligation to that | ||||||
19 | client by working on the basis that the licensee
will receive a | ||||||
20 | higher fee or
compensation based on higher selling price or | ||||||
21 | lease cost.
| ||||||
22 | (d) A licensee shall not be liable to a client for | ||||||
23 | providing false
information to the client if the
false | ||||||
24 | information was provided to the licensee by a customer unless | ||||||
25 | the
licensee knew or should
have known the information was | ||||||
26 | false.
|
| |||||||
| |||||||
1 | (e) Nothing in the Section shall be construed as changing a | ||||||
2 | licensee's duty
under common law
as to negligent or fraudulent | ||||||
3 | misrepresentation of material information.
| ||||||
4 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
5 | (225 ILCS 454/15-25)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
7 | Sec. 15-25. Licensee's relationship with customers. (a) | ||||||
8 | Licensees shall treat all customers honestly and shall not | ||||||
9 | negligently
or knowingly give
them false information. A | ||||||
10 | licensee engaged by a seller client shall timely
disclose to | ||||||
11 | customers
who are prospective buyers all latent material | ||||||
12 | adverse facts pertaining to the
physical condition of
the | ||||||
13 | property that are actually known by the licensee and that could | ||||||
14 | not be
discovered by a
reasonably diligent inspection of the | ||||||
15 | property by the customer. A licensee
shall not be liable to a
| ||||||
16 | customer for providing false information to the customer if the | ||||||
17 | false
information was provided to
the licensee by the | ||||||
18 | licensee's client and the licensee did not have actual
| ||||||
19 | knowledge that the
information was false. No cause of action | ||||||
20 | shall arise on behalf of any person
against a licensee for
| ||||||
21 | revealing information in compliance with this Section.
| ||||||
22 | (b) A licensee representing a client in a real estate | ||||||
23 | transaction may
provide assistance to a
customer by performing | ||||||
24 | ministerial acts. Performing those ministerial acts
shall not | ||||||
25 | be construed in
a manner that would violate the brokerage |
| |||||||
| |||||||
1 | agreement with the client, and
performing those
ministerial | ||||||
2 | acts for the customer shall not be construed in a manner as to | ||||||
3 | form
a brokerage
agreement with the customer.
| ||||||
4 | (Source: P.A. 91-245, eff. 12-31-99 .)
| ||||||
5 | (225 ILCS 454/15-35)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
7 | Sec. 15-35. Agency relationship disclosure.
| ||||||
8 | (a) A licensee acting as a designated agent shall advise a | ||||||
9 | consumer in writing , no later than beginning to work as a | ||||||
10 | designated agent on behalf of the consumer, of the following no
| ||||||
11 | later than beginning to work as a designated agent on behalf of | ||||||
12 | the consumer :
| ||||||
13 | (1) That a designated agency relationship exists, | ||||||
14 | unless there is written
agreement
between the sponsoring | ||||||
15 | broker and the consumer providing for a different agency
| ||||||
16 | brokerage relationship ; and .
| ||||||
17 | (2) The name or names of his or her designated agent or | ||||||
18 | agents on the written disclosure, which can be included in | ||||||
19 | a brokerage agreement or be a separate document, a copy of | ||||||
20 | which is retained by the real estate brokerage firm for the | ||||||
21 | licensee . The written disclosure can be included in a | ||||||
22 | brokerage agreement or be a separate document, a copy of | ||||||
23 | which is retained by the sponsoring broker for the | ||||||
24 | licensee.
| ||||||
25 | (b) The licensee representing the consumer shall discuss |
| |||||||
| |||||||
1 | with the consumer the sponsoring broker's compensation and | ||||||
2 | policy with regard to
cooperating with
brokers who represent | ||||||
3 | other parties in a transaction.
| ||||||
4 | (c) A licensee shall disclose in writing to a customer that | ||||||
5 | the licensee is
not acting as the agent
of the customer at a | ||||||
6 | time intended to prevent disclosure of confidential
| ||||||
7 | information from a
customer to a licensee, but in no event | ||||||
8 | later than the preparation of an offer
to purchase or lease | ||||||
9 | real
property.
| ||||||
10 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
11 | (225 ILCS 454/15-45)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
13 | Sec. 15-45. Dual agency.
| ||||||
14 | (a) An individual A licensee may act as a dual agent or a | ||||||
15 | sponsoring broker may permit one or more of its sponsored | ||||||
16 | licensees to act as dual agents in the same transaction only | ||||||
17 | with the informed written
consent of all clients.
Informed | ||||||
18 | written consent shall be presumed to have been given by any | ||||||
19 | client who
signs a document
that includes the following:
| ||||||
20 | "The undersigned (insert name(s)), ("Licensee"), may | ||||||
21 | undertake a dual
representation (represent
both the seller | ||||||
22 | or landlord and the buyer or tenant) for the sale or lease | ||||||
23 | of
property. The
undersigned acknowledge they were | ||||||
24 | informed of the possibility of this type of
representation.
| ||||||
25 | Before signing this document please read the following:
|
| |||||||
| |||||||
1 | Representing more than one party to a transaction presents | ||||||
2 | a conflict of
interest since both clients
may rely upon | ||||||
3 | Licensee's advice and the client's respective interests | ||||||
4 | may be
adverse to each other.
Licensee will undertake this | ||||||
5 | representation only with the written consent of
ALL clients | ||||||
6 | in the
transaction.
Any agreement between the clients as to | ||||||
7 | a final contract price and other terms
is a result of
| ||||||
8 | negotiations between the clients acting in their own best | ||||||
9 | interests and on
their own behalf. You
acknowledge that | ||||||
10 | Licensee has explained the implications of dual
| ||||||
11 | representation, including the
risks involved, and | ||||||
12 | understand that you have been advised to seek independent
| ||||||
13 | advice from your
advisors or attorneys before signing any | ||||||
14 | documents in this transaction.
| ||||||
15 | WHAT A LICENSEE CAN DO FOR CLIENTS
| ||||||
16 | WHEN ACTING AS A DUAL AGENT
| ||||||
17 | 1. Treat all clients honestly.
| ||||||
18 | 2. Provide information about the property to the buyer or | ||||||
19 | tenant.
| ||||||
20 | 3. Disclose all latent material defects in the property | ||||||
21 | that are known to
the
Licensee.
| ||||||
22 | 4. Disclose financial qualification of the buyer or tenant | ||||||
23 | to the seller or
landlord.
| ||||||
24 | 5. Explain real estate terms.
| ||||||
25 | 6. Help the buyer or tenant to arrange for property | ||||||
26 | inspections.
|
| |||||||
| |||||||
1 | 7. Explain closing costs and procedures.
| ||||||
2 | 8. Help the buyer compare financing alternatives.
| ||||||
3 | 9. Provide information about comparable properties that | ||||||
4 | have sold so both
clients may
make educated decisions on | ||||||
5 | what price to accept or offer.
| ||||||
6 | WHAT LICENSEE CANNOT DISCLOSE TO CLIENTS WHEN
| ||||||
7 | ACTING AS A DUAL AGENT
| ||||||
8 | 1. Confidential information that Licensee may know about a | ||||||
9 | client,
without that
client's permission.
| ||||||
10 | 2. The price or terms the seller or landlord will take | ||||||
11 | other than the listing price
without
permission of the | ||||||
12 | seller or landlord.
| ||||||
13 | 3. The price or terms the buyer or tenant is willing to pay | ||||||
14 | without permission of the
buyer or tenant.
| ||||||
15 | 4. A recommended or suggested price or terms the buyer or | ||||||
16 | tenant should offer.
| ||||||
17 | 5. A recommended or suggested price or terms the seller or | ||||||
18 | landlord should counter
with or
accept.
| ||||||
19 | If either client is uncomfortable with this disclosure | ||||||
20 | and dual
representation, please
let Licensee know.
You are | ||||||
21 | not required to sign this document unless you want to allow | ||||||
22 | Licensee to
proceed as a Dual Agent in this transaction.
By | ||||||
23 | signing below, you acknowledge that you have read and | ||||||
24 | understand this form
and voluntarily consent to Licensee | ||||||
25 | acting as a Dual Agent (that is, to
represent
BOTH the | ||||||
26 | seller or landlord and the buyer or tenant) should that |
| |||||||
| |||||||
1 | become
necessary."
| ||||||
2 | (b) The dual agency disclosure form provided for in | ||||||
3 | subsection (a) of this
Section must be
presented by a licensee, | ||||||
4 | who offers dual representation, to the client at the
time the | ||||||
5 | brokerage
agreement is entered into and may be signed by the | ||||||
6 | client at that time or at
any time before the
licensee acts as | ||||||
7 | a dual agent as to the client.
| ||||||
8 | (c) A licensee acting in a dual agency capacity in a | ||||||
9 | transaction must obtain
a written
confirmation from the | ||||||
10 | licensee's clients of their prior consent for the
licensee to
| ||||||
11 | act as a dual agent in the
transaction.
This confirmation | ||||||
12 | should be obtained at the time the clients are executing any
| ||||||
13 | offer or contract to
purchase or lease in a transaction in | ||||||
14 | which the licensee is acting as a dual
agent. This confirmation
| ||||||
15 | may be included in another document, such as a contract to | ||||||
16 | purchase, in which
case the client must
not only sign the | ||||||
17 | document but also initial the confirmation of dual agency
| ||||||
18 | provision. That
confirmation must state, at a minimum, the | ||||||
19 | following:
| ||||||
20 | "The undersigned confirm that they have previously | ||||||
21 | consented to (insert
name(s)),
("Licensee"), acting as a | ||||||
22 | Dual Agent in providing brokerage services on their
behalf
| ||||||
23 | and specifically consent to Licensee acting as a Dual Agent | ||||||
24 | in regard to the
transaction referred to in this document."
| ||||||
25 | (d) No cause of action shall arise on behalf of any person | ||||||
26 | against a dual
agent for making
disclosures allowed or required |
| |||||||
| |||||||
1 | by this Article, and the dual agent does not
terminate any | ||||||
2 | agency
relationship by making the allowed or required | ||||||
3 | disclosures.
| ||||||
4 | (e) In the case of dual agency, each client and the | ||||||
5 | licensee possess only
actual knowledge and
information. There | ||||||
6 | shall be no imputation of knowledge or information among or
| ||||||
7 | between clients,
brokers, or their affiliated licensees.
| ||||||
8 | (f) In any transaction, a licensee may without liability | ||||||
9 | withdraw from
representing a client who
has not consented to a | ||||||
10 | disclosed dual agency. The withdrawal shall not
prejudice the | ||||||
11 | ability of the
licensee to continue to represent the other | ||||||
12 | client in the transaction or limit
the licensee from
| ||||||
13 | representing the client in other transactions. When a | ||||||
14 | withdrawal as
contemplated in this subsection
(f) occurs, the | ||||||
15 | licensee shall not receive a referral fee for referring a
| ||||||
16 | client to another licensee unless
written disclosure is made to | ||||||
17 | both the withdrawing client and the client that
continues to be
| ||||||
18 | represented by the licensee.
| ||||||
19 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
20 | (225 ILCS 454/15-50)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
22 | Sec. 15-50. Designated agency.
| ||||||
23 | (a) A sponsoring broker entering into an agreement with any | ||||||
24 | person for the
listing of property
or for the purpose of | ||||||
25 | representing any person in the buying, selling,
exchanging, |
| |||||||
| |||||||
1 | renting, or leasing
of real estate shall may specifically | ||||||
2 | designate those licensees employed by or
affiliated with the
| ||||||
3 | sponsoring broker who will be acting as legal agents of that | ||||||
4 | person to the
exclusion of all other
licensees employed by or | ||||||
5 | affiliated with the sponsoring broker. A sponsoring
broker | ||||||
6 | entering into
an agreement under the provisions of this Section | ||||||
7 | shall not be considered to be
acting for more than
one party in | ||||||
8 | a transaction if the licensees specifically designated as legal
| ||||||
9 | agents of a person are not
representing more than one party in | ||||||
10 | a transaction.
| ||||||
11 | (b) A sponsoring broker designating affiliated licensees | ||||||
12 | to act as agents of clients shall take
ordinary and necessary | ||||||
13 | care to protect confidential information disclosed by a client | ||||||
14 | to his or her
designated agent.
| ||||||
15 | (c) A designated agent may disclose to his or her | ||||||
16 | sponsoring broker or
persons specified by the
sponsoring broker | ||||||
17 | confidential information of a client for the purpose of
seeking | ||||||
18 | advice or
assistance for the benefit of the client in regard to | ||||||
19 | a possible transaction.
Confidential information
shall not be | ||||||
20 | disclosed by the sponsoring broker or other specified
| ||||||
21 | representative of the sponsoring
broker unless otherwise | ||||||
22 | required by this Act or requested or permitted
by the client | ||||||
23 | who
originally disclosed the confidential information.
| ||||||
24 | (Source: P.A. 91-245, eff. 12-31-99 .)
| ||||||
25 | (225 ILCS 454/15-65)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
2 | Sec. 15-65. Regulatory enforcement. Nothing contained in | ||||||
3 | this Article limits the Department in its regulation of | ||||||
4 | licensees
under other Articles of
this Act and the substantive | ||||||
5 | rules adopted by the Department. The Department , with the | ||||||
6 | advice of
the Board, is
authorized to adopt promulgate any | ||||||
7 | rules that may be necessary for the implementation
and | ||||||
8 | enforcement
of this Article 15.
| ||||||
9 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
10 | (225 ILCS 454/15-75) | ||||||
11 | (Section scheduled to be repealed on January 1, 2020) | ||||||
12 | Sec. 15-75. Exclusive brokerage agreements. All exclusive
| ||||||
13 | brokerage agreements must be in writing and specify that the | ||||||
14 | sponsoring broker, through one or more sponsored licensees, | ||||||
15 | must provide, at a minimum, the following services: | ||||||
16 | (1) accept delivery of and present to the client offers | ||||||
17 | and counteroffers to buy, sell, or lease the client's
| ||||||
18 | property or the property the client seeks to purchase or | ||||||
19 | lease; | ||||||
20 | (2) assist the client in developing, communicating, | ||||||
21 | negotiating, and presenting offers, counteroffers, and
| ||||||
22 | notices that relate to the offers and counteroffers until a | ||||||
23 | lease or purchase agreement is signed and all contingencies
| ||||||
24 | are satisfied or waived; and | ||||||
25 | (3) answer the client's questions relating to the |
| |||||||
| |||||||
1 | offers, counteroffers, notices, and contingencies.
| ||||||
2 | (Source: P.A. 93-957, eff. 8-19-04 .)
| ||||||
3 | (225 ILCS 454/20-5)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
5 | Sec. 20-5. Index of decisions. The Department shall | ||||||
6 | maintain an index of formal decisions regarding the issuance,
| ||||||
7 | refusal to issue, renewal,
refusal to renew, revocation, and | ||||||
8 | suspension of licenses and probationary or
other disciplinary
| ||||||
9 | action taken under this Act on or after December 31, 1999 . The
| ||||||
10 | index shall be available to the public during regular business | ||||||
11 | hours.
| ||||||
12 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
13 | (225 ILCS 454/20-10)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
15 | Sec. 20-10. Unlicensed practice; civil penalty.
| ||||||
16 | (a) Any person who practices, offers to practice, attempts | ||||||
17 | to practice, or
holds oneself out to
practice as a managing | ||||||
18 | broker, broker, or residential leasing agent
without being | ||||||
19 | licensed under
this Act shall, in addition to any other penalty | ||||||
20 | provided by law, pay a civil penalty
to the Department in an
| ||||||
21 | amount not to exceed $25,000 for each offense as determined by | ||||||
22 | the Department. The civil penalty
shall be
assessed by the | ||||||
23 | Department after a hearing is held in accordance with the | ||||||
24 | provisions set
forth in this Act
regarding the provision of a |
| |||||||
| |||||||
1 | hearing for the discipline of a license.
| ||||||
2 | (b) The Department has the authority and power to | ||||||
3 | investigate any and all unlicensed
activity.
| ||||||
4 | (c) The civil penalty shall be paid within 60 days after | ||||||
5 | the effective date of
the order imposing the
civil penalty. The | ||||||
6 | order shall constitute a judgment and may be filed and
| ||||||
7 | execution had thereon in the
same manner from any court of | ||||||
8 | record.
| ||||||
9 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
10 | (225 ILCS 454/20-15)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
12 | Sec. 20-15. Violations. The commission of a single act | ||||||
13 | prohibited by this Act or prohibited by the
rules adopted | ||||||
14 | promulgated under
this Act or a violation of a disciplinary | ||||||
15 | order issued under this Act
constitutes a violation of this
| ||||||
16 | Act.
| ||||||
17 | (Source: P.A. 91-245, eff. 12-31-99 .)
| ||||||
18 | (225 ILCS 454/20-20)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
20 | Sec. 20-20. Nature of and grounds Grounds for discipline. | ||||||
21 | (a) The Department may refuse to issue or renew a license, | ||||||
22 | may place on probation, suspend,
or
revoke any
license, | ||||||
23 | reprimand, or take any other disciplinary or non-disciplinary | ||||||
24 | action as the Department may deem proper and impose a
fine not |
| |||||||
| |||||||
1 | to exceed
$25,000 upon any licensee or applicant under this Act | ||||||
2 | or any person who holds himself or herself out as an applicant | ||||||
3 | or licensee or against a licensee in handling his or her own | ||||||
4 | property, whether held by deed, option, or otherwise, for any | ||||||
5 | one or any combination of the
following causes:
| ||||||
6 | (1) Fraud or misrepresentation in applying for, or | ||||||
7 | procuring, a license under this Act or in connection with | ||||||
8 | applying for renewal of a license under this Act.
| ||||||
9 | (2) The licensee's conviction of or plea of guilty or | ||||||
10 | plea of nolo contendere to : (A) a felony or misdemeanor in | ||||||
11 | this State or any other jurisdiction; or (B) the entry of | ||||||
12 | an administrative sanction by a government agency in this | ||||||
13 | State or any other jurisdiction. Action taken under this | ||||||
14 | paragraph (2) for a misdemeanor or an administrative | ||||||
15 | sanction is limited to a misdemeanor or administrative | ||||||
16 | sanction that has as an
essential element dishonesty or | ||||||
17 | fraud or involves larceny, embezzlement,
or obtaining | ||||||
18 | money, property, or credit by false pretenses or by means | ||||||
19 | of a
confidence
game.
| ||||||
20 | (3) Inability to practice the profession with | ||||||
21 | reasonable judgment, skill, or safety as a result of a | ||||||
22 | physical illness, including, but not limited to, | ||||||
23 | deterioration through the aging process or loss of motor | ||||||
24 | skill, or a mental illness or disability.
| ||||||
25 | (4) Practice under this Act as a licensee in a retail | ||||||
26 | sales establishment from an office, desk, or space that
is |
| |||||||
| |||||||
1 | not
separated from the main retail business and located | ||||||
2 | within by a separate and distinct area within
the
| ||||||
3 | establishment.
| ||||||
4 | (5) Having been disciplined by another state, the | ||||||
5 | District of Columbia, a territory, a foreign nation, or a | ||||||
6 | governmental agency authorized to impose discipline if at | ||||||
7 | least one of the grounds for that discipline is the same as | ||||||
8 | or
the
equivalent of one of the grounds for which a | ||||||
9 | licensee may be disciplined under this Act. A certified | ||||||
10 | copy of the record of the action by the other state or | ||||||
11 | jurisdiction shall be prima facie evidence thereof.
| ||||||
12 | (6) Engaging in the practice of real estate brokerage
| ||||||
13 | without a
license or after the licensee's license or | ||||||
14 | temporary permit was expired or while the license was | ||||||
15 | inactive, revoked, or suspended
inoperative .
| ||||||
16 | (7) Cheating on or attempting to subvert the Real
| ||||||
17 | Estate License Exam or a continuing education course or | ||||||
18 | examination exam . | ||||||
19 | (8) Aiding or abetting an applicant
to
subvert or cheat | ||||||
20 | on the Real Estate License Exam or continuing education | ||||||
21 | exam
administered pursuant to this Act.
| ||||||
22 | (9) Advertising that is inaccurate, misleading, or | ||||||
23 | contrary to the provisions of the Act.
| ||||||
24 | (10) Making any substantial misrepresentation or | ||||||
25 | untruthful advertising.
| ||||||
26 | (11) Making any false promises of a character likely to |
| |||||||
| |||||||
1 | influence,
persuade,
or induce.
| ||||||
2 | (12) Pursuing a continued and flagrant course of | ||||||
3 | misrepresentation or the
making
of false promises through | ||||||
4 | licensees, employees, agents, advertising, or
otherwise.
| ||||||
5 | (13) Any misleading or untruthful advertising, or | ||||||
6 | using any trade name or
insignia of membership in any real | ||||||
7 | estate organization of which the licensee is
not a member.
| ||||||
8 | (14) Acting for more than one party in a transaction | ||||||
9 | without providing
written
notice to all parties for whom | ||||||
10 | the licensee acts.
| ||||||
11 | (15) Representing or attempting to represent , or | ||||||
12 | performing licensed activities for, a broker other than the
| ||||||
13 | sponsoring broker.
| ||||||
14 | (16) Failure to account for or to remit any moneys or | ||||||
15 | documents coming into
his or her possession that belong to | ||||||
16 | others.
| ||||||
17 | (17) Failure to maintain and deposit in a special | ||||||
18 | account, separate and
apart from
personal and other | ||||||
19 | business accounts, all escrow moneys belonging to others
| ||||||
20 | entrusted to a licensee
while acting as a broker, escrow | ||||||
21 | agent, or temporary custodian of
the funds of others or
| ||||||
22 | failure to maintain all escrow moneys on deposit in the | ||||||
23 | account until the
transactions are
consummated or | ||||||
24 | terminated, except to the extent that the moneys, or any | ||||||
25 | part
thereof, shall be: | ||||||
26 | (A)
disbursed prior to the consummation or |
| |||||||
| |||||||
1 | termination (i) in accordance with
the
written | ||||||
2 | direction of
the principals to the transaction or their | ||||||
3 | duly authorized agents, (ii) in accordance with
| ||||||
4 | directions providing for the
release, payment, or | ||||||
5 | distribution of escrow moneys contained in any written
| ||||||
6 | contract signed by the
principals to the transaction or | ||||||
7 | their duly authorized agents,
or (iii)
pursuant to an | ||||||
8 | order of a court of competent
jurisdiction; or | ||||||
9 | (B) deemed abandoned and transferred to the Office | ||||||
10 | of the State Treasurer to be handled as unclaimed | ||||||
11 | property pursuant to the Revised Uniform Unclaimed | ||||||
12 | Property Act. Escrow moneys may be deemed abandoned | ||||||
13 | under this subparagraph (B) only: (i) in the absence of | ||||||
14 | disbursement under subparagraph (A); (ii) in the | ||||||
15 | absence of notice of the filing of any claim in a court | ||||||
16 | of competent jurisdiction; and (iii) if 6 months have | ||||||
17 | elapsed after the receipt of a written demand for the | ||||||
18 | escrow moneys from one of the principals to the | ||||||
19 | transaction or the principal's duly authorized agent.
| ||||||
20 | The account
shall be noninterest
bearing, unless the | ||||||
21 | character of the deposit is such that payment of interest
| ||||||
22 | thereon is otherwise
required by law or unless the | ||||||
23 | principals to the transaction specifically
require, in | ||||||
24 | writing, that the
deposit be placed in an interest-bearing | ||||||
25 | interest bearing account.
| ||||||
26 | (18) Failure to make available to the Department all |
| |||||||
| |||||||
1 | escrow records and related documents
maintained in | ||||||
2 | connection
with the practice of real estate within 24 hours | ||||||
3 | of a request for those
documents by Department personnel.
| ||||||
4 | (19) Failing to furnish copies upon request of | ||||||
5 | documents relating to a
real
estate transaction to a party | ||||||
6 | who has executed that document.
| ||||||
7 | (20) Failure of a sponsoring broker or licensee to | ||||||
8 | timely provide sponsorship or termination of sponsorship | ||||||
9 | information , sponsor
cards,
or termination of licenses to | ||||||
10 | the Department.
| ||||||
11 | (21) Engaging in dishonorable, unethical, or | ||||||
12 | unprofessional conduct of a
character
likely to deceive, | ||||||
13 | defraud, or harm the public , including, but not limited to, | ||||||
14 | conduct set forth in rules adopted by the Department .
| ||||||
15 | (22) Commingling the money or property of others with | ||||||
16 | his or her own money or property.
| ||||||
17 | (23) Employing any person on a purely temporary or | ||||||
18 | single deal basis as a
means
of evading the law regarding | ||||||
19 | payment of commission to nonlicensees on some
contemplated
| ||||||
20 | transactions.
| ||||||
21 | (24) Permitting the use of his or her license as a | ||||||
22 | broker to enable a residential
leasing agent or
unlicensed | ||||||
23 | person to operate a real estate business without actual
| ||||||
24 | participation therein and control
thereof by the broker.
| ||||||
25 | (25) Any other conduct, whether of the same or a | ||||||
26 | different character from
that
specified in this Section, |
| |||||||
| |||||||
1 | that constitutes dishonest dealing.
| ||||||
2 | (26) Displaying a "for rent" or "for sale" sign on any | ||||||
3 | property without
the written
consent of an owner or his or | ||||||
4 | her duly authorized agent or advertising by any
means that | ||||||
5 | any property is
for sale or for rent without the written | ||||||
6 | consent of the owner or his or her
authorized agent.
| ||||||
7 | (27) Failing to provide information requested by the | ||||||
8 | Department, or otherwise respond to that request, within 30 | ||||||
9 | days of
the
request.
| ||||||
10 | (28) Advertising by means of a blind advertisement, | ||||||
11 | except as otherwise
permitted in Section 10-30 of this Act.
| ||||||
12 | (29) A licensee under this Act or an unlicensed | ||||||
13 | individual offering Offering guaranteed sales plans, as | ||||||
14 | defined in Section 10-50 clause (A) of
this subdivision | ||||||
15 | (29) , except to
the extent hereinafter set forth in Section | ||||||
16 | 10-50. :
| ||||||
17 | (A) A "guaranteed sales plan" is any real estate | ||||||
18 | purchase or sales plan
whereby a licensee enters into a | ||||||
19 | conditional or unconditional written contract
with a | ||||||
20 | seller, prior to entering into a brokerage agreement | ||||||
21 | with the seller, by the
terms of which a licensee | ||||||
22 | agrees to purchase a property of the seller within a
| ||||||
23 | specified period of time
at a specific price in the | ||||||
24 | event the property is not sold in accordance with
the | ||||||
25 | terms of a brokerage agreement to be entered into | ||||||
26 | between the sponsoring broker and the seller.
|
| |||||||
| |||||||
1 | (B) A licensee offering a guaranteed sales plan | ||||||
2 | shall provide the
details
and conditions of the plan in | ||||||
3 | writing to the party to whom the plan is
offered.
| ||||||
4 | (C) A licensee offering a guaranteed sales plan | ||||||
5 | shall provide to the
party
to whom the plan is offered | ||||||
6 | evidence of sufficient financial resources to
satisfy | ||||||
7 | the commitment to
purchase undertaken by the broker in | ||||||
8 | the plan.
| ||||||
9 | (D) Any licensee offering a guaranteed sales plan | ||||||
10 | shall undertake to
market the property of the seller | ||||||
11 | subject to the plan in the same manner in
which the | ||||||
12 | broker would
market any other property, unless the | ||||||
13 | agreement with the seller provides
otherwise.
| ||||||
14 | (E) The licensee cannot purchase seller's property | ||||||
15 | until the brokerage agreement has ended according to | ||||||
16 | its terms or is otherwise terminated. | ||||||
17 | (F) Any licensee who fails to perform on a | ||||||
18 | guaranteed sales plan in
strict accordance with its | ||||||
19 | terms shall be subject to all the penalties provided
in | ||||||
20 | this Act for
violations thereof and, in addition, shall | ||||||
21 | be subject to a civil fine payable
to the party injured | ||||||
22 | by the
default in an amount of up to $25,000.
| ||||||
23 | (30) Influencing or attempting to influence, by any | ||||||
24 | words or acts, a
prospective
seller, purchaser, occupant, | ||||||
25 | landlord, or tenant of real estate, in connection
with | ||||||
26 | viewing, buying, or
leasing real estate, so as to promote |
| |||||||
| |||||||
1 | or tend to promote the continuance
or maintenance of
| ||||||
2 | racially and religiously segregated housing or so as to | ||||||
3 | retard, obstruct, or
discourage racially
integrated | ||||||
4 | housing on or in any street, block, neighborhood, or | ||||||
5 | community.
| ||||||
6 | (31) Engaging in any act that constitutes a violation | ||||||
7 | of any provision of
Article 3 of the Illinois Human Rights | ||||||
8 | Act, whether or not a complaint has
been filed with or
| ||||||
9 | adjudicated by the Human Rights Commission.
| ||||||
10 | (32) Inducing any party to a contract of sale or lease | ||||||
11 | or brokerage
agreement to
break the contract of sale or | ||||||
12 | lease or brokerage agreement for the purpose of
| ||||||
13 | substituting, in lieu
thereof, a new contract for sale or | ||||||
14 | lease or brokerage agreement with a third
party.
| ||||||
15 | (33) Negotiating a sale, exchange, or lease of real | ||||||
16 | estate directly with
any person
if the licensee knows that | ||||||
17 | the person has an exclusive brokerage
agreement with | ||||||
18 | another
broker, unless specifically authorized by that | ||||||
19 | broker.
| ||||||
20 | (34) When a licensee is also an attorney, acting as the | ||||||
21 | attorney for
either the
buyer or the seller in the same | ||||||
22 | transaction in which the licensee is acting or
has acted as | ||||||
23 | a managing broker
or broker.
| ||||||
24 | (35) Advertising or offering merchandise or services | ||||||
25 | as free if any
conditions or
obligations necessary for | ||||||
26 | receiving the merchandise or services are not
disclosed in |
| |||||||
| |||||||
1 | the same
advertisement or offer. These conditions or | ||||||
2 | obligations include without
limitation the
requirement | ||||||
3 | that the recipient attend a promotional activity or visit a | ||||||
4 | real
estate site. As used in this
subdivision (35), "free" | ||||||
5 | includes terms such as "award", "prize", "no charge",
"free | ||||||
6 | of charge",
"without charge", and similar words or phrases | ||||||
7 | that reasonably lead a person to
believe that he or she
may | ||||||
8 | receive or has been selected to receive something of value, | ||||||
9 | without any
conditions or
obligations on the part of the | ||||||
10 | recipient.
| ||||||
11 | (36) (Blank).
| ||||||
12 | (37) Violating the terms of a disciplinary order
issued | ||||||
13 | by the Department.
| ||||||
14 | (38) Paying or failing to disclose compensation in | ||||||
15 | violation of Article 10 of this Act.
| ||||||
16 | (39) Requiring a party to a transaction who is not a | ||||||
17 | client of the
licensee
to allow the licensee to retain a | ||||||
18 | portion of the escrow moneys for payment of
the licensee's | ||||||
19 | commission or expenses as a condition for release of the | ||||||
20 | escrow
moneys to that party.
| ||||||
21 | (40) Disregarding or violating any provision of this | ||||||
22 | Act or the published
rules adopted
by the Department to | ||||||
23 | enforce this Act or aiding or abetting any individual, | ||||||
24 | foreign or domestic
partnership, registered limited | ||||||
25 | liability partnership, limited liability
company, | ||||||
26 | corporation, or other business entity in
disregarding any |
| |||||||
| |||||||
1 | provision of this Act or the published rules adopted by the | ||||||
2 | Department
to enforce this Act.
| ||||||
3 | (41) Failing to provide the minimum services required | ||||||
4 | by Section 15-75 of this Act when acting under an exclusive | ||||||
5 | brokerage agreement.
| ||||||
6 | (42) Habitual or excessive use of or addiction to | ||||||
7 | alcohol, narcotics, stimulants, or any other chemical | ||||||
8 | agent or drug that results in a managing broker, broker, or | ||||||
9 | residential leasing agent's inability to practice with | ||||||
10 | reasonable skill or safety. | ||||||
11 | (43) Enabling, aiding, or abetting an auctioneer, as | ||||||
12 | defined in the Auction License Act, to conduct a real | ||||||
13 | estate auction in a manner that is in violation of this | ||||||
14 | Act. | ||||||
15 | (44) Permitting any residential leasing agent or | ||||||
16 | temporary residential leasing agent permit holder to | ||||||
17 | engage in activities that require a broker's or managing | ||||||
18 | broker's license. | ||||||
19 | (45) Failing to notify the Department of any criminal | ||||||
20 | conviction that occurs during the licensee's term of | ||||||
21 | licensure within 30 days after the conviction. | ||||||
22 | (46) A designated managing broker's failure to provide | ||||||
23 | an appropriate written company policy or failure to perform | ||||||
24 | any of the duties set forth in Section 10-55. | ||||||
25 | (b) The Department may refuse to issue or renew or may | ||||||
26 | suspend the license of any person who fails to file a return, |
| |||||||
| |||||||
1 | pay the tax, penalty or interest shown in a filed return, or | ||||||
2 | pay any final assessment of tax, penalty, or interest, as | ||||||
3 | required by any tax Act administered by the Department of | ||||||
4 | Revenue, until such time as the requirements of that tax Act | ||||||
5 | are satisfied in accordance with subsection (g) of Section | ||||||
6 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
7 | Civil Administrative Code of Illinois. | ||||||
8 | (c) (Blank). | ||||||
9 | (d) In cases where the Department of Healthcare and Family | ||||||
10 | Services (formerly Department of Public Aid) has previously | ||||||
11 | determined that a licensee or a potential licensee is more than | ||||||
12 | 30 days delinquent in the payment of child support and has | ||||||
13 | subsequently certified the delinquency to the Department may | ||||||
14 | refuse to issue or renew or may revoke or suspend that person's | ||||||
15 | license or may take other disciplinary action against that | ||||||
16 | person based solely upon the certification of delinquency made | ||||||
17 | by the Department of Healthcare and Family Services in | ||||||
18 | accordance with item (5) of subsection (a) of Section 2105-15 | ||||||
19 | of the Department of Professional Regulation Law of the Civil | ||||||
20 | Administrative Code of Illinois. | ||||||
21 | (e) In enforcing this Section, the Department or Board upon | ||||||
22 | a showing of a possible violation may compel an individual | ||||||
23 | licensed to practice under this Act, or who has applied for | ||||||
24 | licensure under this Act, to submit to a mental or physical | ||||||
25 | examination, or both, as required by and at the expense of the | ||||||
26 | Department. The Department or Board may order the examining |
| |||||||
| |||||||
1 | physician to present testimony concerning the mental or | ||||||
2 | physical examination of the licensee or applicant. No | ||||||
3 | information shall be excluded by reason of any common law or | ||||||
4 | statutory privilege relating to communications between the | ||||||
5 | licensee or applicant and the examining physician. The | ||||||
6 | examining physicians shall be specifically designated by the | ||||||
7 | Board or Department. The individual to be examined may have, at | ||||||
8 | his or her own expense, another physician of his or her choice | ||||||
9 | present during all aspects of this examination. Failure of an | ||||||
10 | individual to submit to a mental or physical examination, when | ||||||
11 | directed, shall be grounds for suspension of his or her license | ||||||
12 | until the individual submits to the examination if the | ||||||
13 | Department finds, after notice and hearing, that the refusal to | ||||||
14 | submit to the examination was without reasonable cause. | ||||||
15 | If the Department or Board finds an individual unable to | ||||||
16 | practice because of the reasons set forth in this Section, the | ||||||
17 | Department or Board may require that individual to submit to | ||||||
18 | care, counseling, or treatment by physicians approved or | ||||||
19 | designated by the Department or Board, as a condition, term, or | ||||||
20 | restriction for continued, reinstated, or renewed licensure to | ||||||
21 | practice; or, in lieu of care, counseling, or treatment, the | ||||||
22 | Department may file, or the Board may recommend to the | ||||||
23 | Department to file, a complaint to immediately suspend, revoke, | ||||||
24 | or otherwise discipline the license of the individual. An | ||||||
25 | individual whose license was granted, continued, reinstated, | ||||||
26 | renewed, disciplined or supervised subject to such terms, |
| |||||||
| |||||||
1 | conditions, or restrictions, and who fails to comply with such | ||||||
2 | terms, conditions, or restrictions, shall be referred to the | ||||||
3 | Secretary for a determination as to whether the individual | ||||||
4 | shall have his or her license suspended immediately, pending a | ||||||
5 | hearing by the Department. | ||||||
6 | In instances in which the Secretary immediately suspends a | ||||||
7 | person's license under this Section, a hearing on that person's | ||||||
8 | license must be convened by the Department within 30 days after | ||||||
9 | the suspension and completed without appreciable delay. The | ||||||
10 | Department and Board shall have the authority to review the | ||||||
11 | subject individual's record of treatment and counseling | ||||||
12 | regarding the impairment to the extent permitted by applicable | ||||||
13 | federal statutes and regulations safeguarding the | ||||||
14 | confidentiality of medical records. | ||||||
15 | An individual licensed under this Act and affected under | ||||||
16 | this Section shall be afforded an opportunity to demonstrate to | ||||||
17 | the Department or Board that he or she can resume practice in | ||||||
18 | compliance with acceptable and prevailing standards under the | ||||||
19 | provisions of his or her license. | ||||||
20 | (Source: P.A. 99-227, eff. 8-3-15; 100-22, eff. 1-1-18; | ||||||
21 | 100-188, eff. 1-1-18; 100-534, eff. 9-22-17; 100-831, eff. | ||||||
22 | 1-1-19; 100-863, eff. 8-14-18; 100-872, eff. 8-14-18; revised | ||||||
23 | 10-22-18.)
| ||||||
24 | (225 ILCS 454/20-20.1 new) | ||||||
25 | Sec. 20-20.1. Citations. |
| |||||||
| |||||||
1 | (a) The Department may adopt rules to permit the issuance | ||||||
2 | of citations to any licensee for failure to comply with the | ||||||
3 | continuing education requirements set forth in this Act or as | ||||||
4 | adopted by rule. The citation shall be issued to the licensee, | ||||||
5 | and a copy shall be sent to his or her designated managing | ||||||
6 | broker and sponsoring broker. The citation shall contain the | ||||||
7 | licensee's name and address, the licensee's license number, the | ||||||
8 | number of required hours of continuing education that have not | ||||||
9 | been successfully completed by the licensee within the renewal | ||||||
10 | period, and the penalty imposed, which shall not exceed $2,000. | ||||||
11 | The issuance of any such citation shall not excuse the licensee | ||||||
12 | from completing all continuing education required for that | ||||||
13 | renewal period. | ||||||
14 | (b) Service of a citation shall be made by in person, | ||||||
15 | electronically, or by mail to the licensee at the licensee's | ||||||
16 | address of record or email address of record, and must clearly | ||||||
17 | state that if the cited licensee wishes to dispute the | ||||||
18 | citation, he or she may make a written request, within 30 days | ||||||
19 | after the citation is served, for a hearing before the | ||||||
20 | Department. If the cited licensee does not request a hearing | ||||||
21 | within 30 days after the citation is served, then the citation | ||||||
22 | shall become a final, non-disciplinary order, and any fine | ||||||
23 | imposed is due and payable within 60 days after that final | ||||||
24 | order. If the cited licensee requests a hearing within 30 days | ||||||
25 | after the citation is served, the Department shall afford the | ||||||
26 | cited licensee a hearing conducted in the same manner as a |
| |||||||
| |||||||
1 | hearing provided for in this Act for any violation of this Act | ||||||
2 | and shall determine whether the cited licensee committed the | ||||||
3 | violation as charged and whether the fine as levied is | ||||||
4 | warranted. If the violation is found, any fine shall constitute | ||||||
5 | non-public discipline and be due and payable within 30 days | ||||||
6 | after the order of the Secretary, which shall constitute a | ||||||
7 | final order of the Department. No change in license status may | ||||||
8 | be made by the Department until such time as a final order of | ||||||
9 | the Department has been issued. | ||||||
10 | (c) Payment of a fine that has been assessed pursuant to | ||||||
11 | this Section shall not constitute disciplinary action | ||||||
12 | reportable on the Department's website or elsewhere unless a | ||||||
13 | licensee has previously received 2 or more citations and paid 2 | ||||||
14 | or more fines. | ||||||
15 | (d) Nothing in this Section shall prohibit or limit the | ||||||
16 | Department from taking further action pursuant to this Act and | ||||||
17 | rules for additional, repeated, or continuing violations.
| ||||||
18 | (225 ILCS 454/20-21) | ||||||
19 | (Section scheduled to be repealed on January 1, 2020) | ||||||
20 | Sec. 20-21. Injunctions; cease and desist order. | ||||||
21 | (a) If any person violates the provisions of this Act, the | ||||||
22 | Secretary may, in the name of the People of the State of | ||||||
23 | Illinois, through the Attorney General of the State of Illinois | ||||||
24 | or the State's Attorney for any county in which the action is | ||||||
25 | brought, petition for an order enjoining the violation or for |
| |||||||
| |||||||
1 | an order enforcing compliance with this Act. Upon the filing of | ||||||
2 | a verified petition in court, the court may issue a temporary | ||||||
3 | restraining order, without notice or condition, and may | ||||||
4 | preliminarily and permanently enjoin the violation. If it is | ||||||
5 | established that the person has violated or is violating the | ||||||
6 | injunction, the Court may punish the offender for contempt of | ||||||
7 | court. Proceedings under this Section shall be in addition to, | ||||||
8 | and not in lieu of, all other remedies and penalties provided | ||||||
9 | by this Act. | ||||||
10 | (b) If, Whenever in the opinion of the Department , a person | ||||||
11 | violates a provision of this Act, the Department may issue a | ||||||
12 | ruling to show cause why an order to cease and desist should | ||||||
13 | not be entered against that person. The rule shall clearly set | ||||||
14 | forth the grounds relied upon by the Department and shall allow | ||||||
15 | at least 7 days from the date of the rule to file an answer to | ||||||
16 | the satisfaction of the Department. Failure to answer to the | ||||||
17 | satisfaction of the Department shall cause an order to cease | ||||||
18 | and desist to be issued immediately. | ||||||
19 | (c) Other than as provided in Section 5-20 of this Act, if | ||||||
20 | any person practices as a managing broker, broker, or | ||||||
21 | residential leasing agent or holds himself or herself out as a | ||||||
22 | licensed sponsoring broker, managing broker, broker, or | ||||||
23 | residential leasing agent under this Act without being issued a | ||||||
24 | valid active existing license by the Department, then any | ||||||
25 | licensed sponsoring broker, managing broker, broker, | ||||||
26 | residential leasing agent, any interested party, or any person |
| |||||||
| |||||||
1 | injured thereby may, in addition to the Secretary, petition for | ||||||
2 | relief as provided in subsection (a) of this Section.
| ||||||
3 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
4 | (225 ILCS 454/20-22) | ||||||
5 | (Section scheduled to be repealed on January 1, 2020) | ||||||
6 | Sec. 20-22. Violations. Any person who is found working or | ||||||
7 | acting as a managing broker, broker, or residential leasing | ||||||
8 | agent or holding himself or herself out as a licensed | ||||||
9 | sponsoring broker, managing broker, broker, or residential | ||||||
10 | leasing agent without being issued a valid active existing | ||||||
11 | license is guilty of a Class A misdemeanor and , on conviction | ||||||
12 | of a second or subsequent offense , the violator shall be guilty | ||||||
13 | of a Class 4 felony.
| ||||||
14 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
15 | (225 ILCS 454/20-25)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
17 | Sec. 20-25. Returned checks and dishonored credit card | ||||||
18 | charges ; fees. Any person who (1) delivers a check or other | ||||||
19 | payment to the Department that is returned to the Department
| ||||||
20 | unpaid by
the financial institution upon which it is drawn | ||||||
21 | shall pay to the Department ; or (2) presents a credit or debit | ||||||
22 | card for payment that is invalid or expired or against which | ||||||
23 | charges by the Department are declined or dishonored , in | ||||||
24 | addition
to the amount
already owed to the Department, a fee of |
| |||||||
| |||||||
1 | $50. The Department
shall notify the person that payment of | ||||||
2 | fees and fines shall be paid to the Department
by certified
| ||||||
3 | check or money order within 30 calendar days of the | ||||||
4 | notification. If, after
the expiration of 30 days
from the date | ||||||
5 | of the notification, the person has failed to submit the
| ||||||
6 | necessary remittance, the Department
shall automatically | ||||||
7 | revoke terminate the license or deny the application, without | ||||||
8 | hearing. If, after revocation
termination or denial, the person | ||||||
9 | seeks a license, he or she shall apply to the Department
for | ||||||
10 | restoration or
issuance of the license and pay all fees and | ||||||
11 | fines due to the Department. The Department may
establish a fee | ||||||
12 | for the
processing of an application for restoration of a | ||||||
13 | license to pay all expenses
of processing this
application. The | ||||||
14 | Secretary may waive the fees due under this Section in
| ||||||
15 | individual cases
where the Secretary finds that the fees would | ||||||
16 | be unreasonable or
unnecessarily burdensome.
| ||||||
17 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
18 | (225 ILCS 454/20-60)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
20 | Sec. 20-60. Investigations notice and hearing. The | ||||||
21 | Department may investigate the actions of any applicant or of | ||||||
22 | any person or persons rendering or offering to render services | ||||||
23 | for which a license is required by this Act or any person | ||||||
24 | holding or claiming to hold a license under this Act and may | ||||||
25 | notify his or her designated managing broker and sponsoring |
| |||||||
| |||||||
1 | broker of the pending investigation. The Department shall, | ||||||
2 | before revoking,
suspending, placing on probation, | ||||||
3 | reprimanding, or taking any other disciplinary action under | ||||||
4 | Article 20 of this Act, at least 30 days before the date set | ||||||
5 | for the hearing, (i) notify the accused and his or her | ||||||
6 | designated managing broker and sponsoring broker in writing of | ||||||
7 | the charges made and the time and place for the hearing on the | ||||||
8 | charges and whether the licensee's license has been temporarily | ||||||
9 | suspended pursuant to Section 20-65 , (ii) direct the accused to | ||||||
10 | file a written answer to the charges with the
Board under oath | ||||||
11 | within 20 days after the service on him or her of the notice, | ||||||
12 | and (iii) inform the accused that if he or she fails to answer, | ||||||
13 | default will be taken
against him or her or that
his or her | ||||||
14 | license may be suspended, revoked, placed on probationary | ||||||
15 | status,
or
other disciplinary
action taken with regard to the | ||||||
16 | license, including limiting the scope, nature, or extent of his | ||||||
17 | or her practice, as the Department may consider proper. At the | ||||||
18 | time and place fixed in the notice, the Board shall proceed to | ||||||
19 | hear the charges and the parties or their counsel shall be | ||||||
20 | accorded ample opportunity to present any pertinent | ||||||
21 | statements, testimony, evidence, and arguments. The Board may | ||||||
22 | continue the hearing from time to time. In case the person, | ||||||
23 | after receiving the
notice, fails to file an answer, his or her | ||||||
24 | license may, in the discretion of the Department, be suspended,
| ||||||
25 | revoked, placed on
probationary status, or the Department may | ||||||
26 | take whatever disciplinary action considered
proper, including
|
| |||||||
| |||||||
1 | limiting the scope, nature, or extent of the person's practice | ||||||
2 | or the
imposition of a fine, without a
hearing, if the act or | ||||||
3 | acts charged constitute sufficient grounds for that
action | ||||||
4 | under this Act. The written notice may be served by personal | ||||||
5 | delivery , or by certified mail , or, at the discretion of the | ||||||
6 | Department, by electronic means as adopted by rule to the | ||||||
7 | address or email address specified by the accused in his or her | ||||||
8 | last notification with the Department and shall include notice | ||||||
9 | to the designated managing broker and sponsoring broker. A copy | ||||||
10 | of the Department's final order shall be delivered to the | ||||||
11 | designated managing broker and sponsoring broker.
| ||||||
12 | (Source: P.A. 100-188, eff. 1-1-18 .)
| ||||||
13 | (225 ILCS 454/20-64) | ||||||
14 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
15 | Sec. 20-64. Board; rehearing. At the conclusion of a | ||||||
16 | hearing and following deliberation by the Board , a copy of the | ||||||
17 | Board's report shall be served upon the applicant , or licensee , | ||||||
18 | or unlicensed person by the Department, either personally or as | ||||||
19 | provided in this Act for the service of a notice of hearing. | ||||||
20 | Within 20 days after service, the applicant or licensee may | ||||||
21 | present to the Department a motion in writing for a rehearing, | ||||||
22 | which shall specify the particular grounds for rehearing. The | ||||||
23 | Department may respond to the motion, or if a motion for | ||||||
24 | rehearing is denied, then upon denial, and except as provided | ||||||
25 | in Section 20-72 of this Act, the Secretary may enter an order |
| |||||||
| |||||||
1 | in accordance with the recommendations of the Board. If the | ||||||
2 | applicant or licensee orders from the reporting service and | ||||||
3 | pays for a transcript of the record within the time for filing | ||||||
4 | a motion for rehearing, then the 20-day period within which a | ||||||
5 | motion may be filed shall commence upon the delivery of the | ||||||
6 | transcript to the applicant or licensee.
| ||||||
7 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
8 | (225 ILCS 454/20-65)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
10 | Sec. 20-65. Temporary suspension. The Secretary may | ||||||
11 | temporarily suspend the license of a licensee without a
| ||||||
12 | hearing,
simultaneously with the institution of proceedings | ||||||
13 | for a hearing provided for
in Section 20-60 20-61 of this
Act, | ||||||
14 | if the Secretary finds that the evidence indicates that the | ||||||
15 | public
interest, safety, or welfare
imperatively requires | ||||||
16 | emergency action. In the event that the Secretary
temporarily | ||||||
17 | suspends
the license without a hearing before the Board, a | ||||||
18 | hearing shall be commenced within
30 days after the
suspension | ||||||
19 | has occurred. The suspended licensee may seek a continuance of | ||||||
20 | the
hearing during
which the suspension shall remain in effect. | ||||||
21 | The proceeding shall be concluded
without
appreciable delay.
| ||||||
22 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
23 | (225 ILCS 454/20-66) | ||||||
24 | (Section scheduled to be repealed on January 1, 2020) |
| |||||||
| |||||||
1 | Sec. 20-66. Appointment of a hearing officer. The Secretary | ||||||
2 | has the authority to appoint any attorney licensed to practice | ||||||
3 | law in the State of Illinois to serve as the hearing officer in | ||||||
4 | any action for refusal to issue, restore, or renew a license or | ||||||
5 | to discipline a licensee , applicant, or unlicensed person . The | ||||||
6 | hearing officer has full authority to conduct the hearing. Any | ||||||
7 | Board member may attend the hearing. The hearing officer shall | ||||||
8 | report his or her findings of fact, conclusions of law, and | ||||||
9 | recommendations to the Board. The Board shall review the report | ||||||
10 | of the hearing officer and present its findings of fact, | ||||||
11 | conclusions of law, and recommendations to the Secretary and | ||||||
12 | all parties to the proceeding. If the Secretary disagrees with | ||||||
13 | a recommendation of the Board or of the hearing officer, then | ||||||
14 | the Secretary may issue an order in contravention of the | ||||||
15 | recommendation.
| ||||||
16 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
17 | (225 ILCS 454/20-72) | ||||||
18 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
19 | Sec. 20-72. Secretary; rehearing. If the Secretary | ||||||
20 | believes that substantial justice has not been done in the | ||||||
21 | revocation or , suspension of a license , with respect to or | ||||||
22 | refusal to issue, restore, or renew a license, or any other | ||||||
23 | discipline of an applicant , or licensee, or unlicensed person, | ||||||
24 | then he or she may order a rehearing by the same or other | ||||||
25 | examiners.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
2 | (225 ILCS 454/20-75)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
4 | Sec. 20-75. Administrative Review venue.
| ||||||
5 | (a) All final administrative decisions of the Department | ||||||
6 | are subject to judicial review under
the Administrative Review | ||||||
7 | Law and its
rules. The term "administrative decision" is
| ||||||
8 | defined in Section 3-101
of the Code of Civil Procedure. | ||||||
9 | (b) Proceedings for judicial review shall be commenced in | ||||||
10 | the circuit court of the court in which the party applying for | ||||||
11 | review resides, but if the party is not a resident of Illinois, | ||||||
12 | the venue shall be in Cook Sangamon County.
| ||||||
13 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
14 | (225 ILCS 454/20-85)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
16 | Sec. 20-85. Recovery from Real Estate Recovery Fund. The | ||||||
17 | Department shall maintain a Real Estate Recovery Fund from | ||||||
18 | which any person aggrieved
by an act,
representation, | ||||||
19 | transaction, or conduct of a licensee or unlicensed employee of
| ||||||
20 | a licensee that is
in violation of this Act or the rules | ||||||
21 | promulgated pursuant thereto,
constitutes
embezzlement of | ||||||
22 | money or property, or results in money or property being
| ||||||
23 | unlawfully obtained
from any person by false pretenses, | ||||||
24 | artifice, trickery, or forgery or by reason
of any fraud,
|
| |||||||
| |||||||
1 | misrepresentation, discrimination, or deceit by or on the part | ||||||
2 | of any such
licensee or the unlicensed
employee of a licensee | ||||||
3 | and that results in a loss of actual cash money, as
opposed to | ||||||
4 | losses in
market value, may recover. The aggrieved person may | ||||||
5 | recover, by a post-judgment order of the
circuit court of the
| ||||||
6 | county where the violation occurred in a proceeding described | ||||||
7 | in Section 20-90 of this Act, an amount of not more than the | ||||||
8 | amount adopted by rule $25,000 from
the Fund for
damages | ||||||
9 | sustained by the act, representation, transaction, or conduct, | ||||||
10 | together
with costs of suit and
attorney's fees incurred in | ||||||
11 | connection therewith of not to exceed 15% of the
amount of the | ||||||
12 | recovery
ordered paid from the Fund . However, no person may
| ||||||
13 | recover from the
Fund unless the court finds that the person | ||||||
14 | suffered a loss resulting from
intentional misconduct.
The | ||||||
15 | post-judgment order shall not include interest on the judgment.
| ||||||
16 | The maximum liability against the Fund arising out of any one | ||||||
17 | act shall be as adopted by rule
provided in this
Section , and | ||||||
18 | the post-judgment order shall spread the award equitably among | ||||||
19 | all
co-owners or otherwise
aggrieved persons, if any. The | ||||||
20 | maximum liability against the Fund arising out
of the | ||||||
21 | activities of
any one licensee or one unlicensed employee of a | ||||||
22 | licensee in any one transaction or set of facts that formed the | ||||||
23 | basis of a post-judgment order , since January 1,
1974, shall be | ||||||
24 | as adopted by rule $100,000 .
Nothing in this Section shall be | ||||||
25 | construed to authorize recovery from the Fund
unless the loss | ||||||
26 | of the aggrieved person results from an act or omission of a |
| |||||||
| |||||||
1 | licensee under this Act
who was at the time of the act or | ||||||
2 | omission
acting in such
capacity or was apparently acting in | ||||||
3 | such capacity or their unlicensed employee and unless the | ||||||
4 | aggrieved
person has obtained a
valid judgment and | ||||||
5 | post-judgment order of the court as provided for in Section | ||||||
6 | 20-90 of this Act.
| ||||||
7 | (Source: P.A. 99-227, eff. 8-3-15; 100-534, eff. 9-22-17.)
| ||||||
8 | (225 ILCS 454/20-90)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
10 | Sec. 20-90. Collection from Real Estate Recovery Fund; | ||||||
11 | procedure.
| ||||||
12 | (a) No action for a judgment that subsequently results in a | ||||||
13 | post-judgment order for
collection from the
Real Estate | ||||||
14 | Recovery Fund shall be started later than 2 years after the | ||||||
15 | date on
which the aggrieved
person knew, or through the use of | ||||||
16 | reasonable diligence should have known, of
the acts or
| ||||||
17 | omissions giving rise to a right of recovery from the Real | ||||||
18 | Estate Recovery
Fund.
| ||||||
19 | (b) When any aggrieved person commences action for a | ||||||
20 | judgment that may
result in
collection from the Real Estate | ||||||
21 | Recovery Fund, the aggrieved person must name
as parties
| ||||||
22 | defendant to that action any and all licensees, their
| ||||||
23 | employees, or independent contractors who allegedly committed | ||||||
24 | or are responsible for acts or omissions
giving rise to a right
| ||||||
25 | of recovery from the Real Estate Recovery Fund. Failure to name |
| |||||||
| |||||||
1 | as parties
defendant such
licensees, their employees, or | ||||||
2 | independent contractors shall preclude recovery
from the Real | ||||||
3 | Estate
Recovery Fund of any portion of any judgment received in | ||||||
4 | such an action. These parties defendant shall also include any | ||||||
5 | corporations, limited
liability companies,
partnerships, | ||||||
6 | registered limited liability partnership, or other business
| ||||||
7 | associations licensed under this Act that may be
responsible | ||||||
8 | for acts giving rise to a right of recovery from the Real | ||||||
9 | Estate
Recovery Fund.
| ||||||
10 | (c) (Blank).
| ||||||
11 | (d) When any aggrieved person commences action for a | ||||||
12 | judgment that may
result in
collection from the Real Estate | ||||||
13 | Recovery Fund, and the aggrieved person is unable to obtain | ||||||
14 | legal
and proper service upon the parties defendant licensed | ||||||
15 | under this Act under the provisions of Illinois law concerning | ||||||
16 | service of
process in civil actions, the aggrieved person may | ||||||
17 | petition the court where the action to obtain
judgment was | ||||||
18 | begun for an order to allow service of legal process on the | ||||||
19 | Secretary. Service of
process on the Secretary shall be taken | ||||||
20 | and held in that court to be as valid and binding as if
due | ||||||
21 | service had been made upon the parties defendant licensed under | ||||||
22 | this Act. In case any process mentioned in this Section is
| ||||||
23 | served upon the Secretary, the Secretary shall forward a copy | ||||||
24 | of the
process by certified
mail to the licensee's last address | ||||||
25 | on record with the Department. Any judgment obtained
after | ||||||
26 | service of
process on the Secretary under this Act shall apply |
| |||||||
| |||||||
1 | to and be enforceable
against the Real
Estate Recovery Fund | ||||||
2 | only. The Department may intervene in and defend any such | ||||||
3 | action.
| ||||||
4 | (e) (Blank).
| ||||||
5 | (f) The aggrieved person shall give written notice to the | ||||||
6 | Department within 30 days of
the entry of any
judgment that may | ||||||
7 | result in collection from the Real Estate Recovery Fund. The
| ||||||
8 | aggrieved person shall provide the Department with 20 days | ||||||
9 | prior written notice of all
supplementary
proceedings so as to | ||||||
10 | allow the Department to intervene and participate in all | ||||||
11 | efforts to collect on the
judgment in the same manner as any | ||||||
12 | party.
| ||||||
13 | (g) When any aggrieved person recovers a valid judgment in | ||||||
14 | any court of
competent
jurisdiction in an action in which the | ||||||
15 | court has found the aggrieved person to be injured or otherwise | ||||||
16 | damaged by against any licensee or an unlicensed employee of | ||||||
17 | any licensee as a result , upon
the grounds of
fraud, | ||||||
18 | misrepresentation, discrimination, or deceit or intentional | ||||||
19 | violation of this Act by the licensee or the unlicensed | ||||||
20 | employee of the licensee , the aggrieved person may,
upon the | ||||||
21 | termination
of all proceedings, including review and appeals in | ||||||
22 | connection with the
judgment, file a verified
claim in the | ||||||
23 | court in which the judgment was entered and, upon 30 days' | ||||||
24 | written
notice to the Department,
and to the person against | ||||||
25 | whom the judgment was obtained, may apply to the
court for a | ||||||
26 | post-judgment order
directing payment from out of the Real |
| |||||||
| |||||||
1 | Estate Recovery Fund of the amount unpaid
upon the judgment,
| ||||||
2 | not including interest on the judgment, and subject to the | ||||||
3 | limitations stated
in Section 20-85 of this
Act. The aggrieved | ||||||
4 | person must set out in that verified claim and subsequently | ||||||
5 | prove at an
evidentiary hearing to be
held by the court upon | ||||||
6 | the application that the claim meets all requirements of | ||||||
7 | Section 20-85 and this Section to be eligible for payment from | ||||||
8 | the Real Estate Recovery Fund . The and the aggrieved party | ||||||
9 | shall be required to
show that the
aggrieved person:
| ||||||
10 | (1) Is not a spouse of the debtor or debtors or the | ||||||
11 | personal representative of such
spouse.
| ||||||
12 | (2) Has complied with all the requirements of this | ||||||
13 | Section.
| ||||||
14 | (3) Has obtained a judgment stating the amount thereof | ||||||
15 | and the amount
owing thereon,
not including interest | ||||||
16 | thereon, at the date of the application.
| ||||||
17 | (4) Has made all reasonable searches and inquiries to | ||||||
18 | ascertain whether
the judgment
debtor or debtors is | ||||||
19 | possessed of real or personal property or other assets, | ||||||
20 | liable to be
sold or applied in
satisfaction of the | ||||||
21 | judgment.
| ||||||
22 | (5) By such search has discovered no personal or real | ||||||
23 | property or other
assets liable to
be sold or applied, or | ||||||
24 | has discovered certain of them, describing them as owned
by | ||||||
25 | the judgment
debtor or debtors and liable to be so applied | ||||||
26 | and has taken all necessary action and
proceedings for the
|
| |||||||
| |||||||
1 | realization thereof, and the amount thereby realized was | ||||||
2 | insufficient to
satisfy the judgment, stating
the amount so | ||||||
3 | realized and the balance remaining due on the judgment | ||||||
4 | after
application of the
amount realized.
| ||||||
5 | (6) Has diligently pursued all remedies against all the | ||||||
6 | judgment debtors
and
all other
persons liable to the | ||||||
7 | aggrieved person in the transaction for which recovery is
| ||||||
8 | sought from the Real
Estate Recovery Fund,
including the | ||||||
9 | filing of an adversary action to have the debts declared
| ||||||
10 | non-dischargeable in any bankruptcy petition matter filed | ||||||
11 | by any judgment
debtor or person liable to the aggrieved | ||||||
12 | person.
| ||||||
13 | (4) Has shown evidence of The aggrieved person shall | ||||||
14 | also be required to prove the amount of attorney's
fees | ||||||
15 | sought to be
recovered and the reasonableness of those fees | ||||||
16 | up to the maximum allowed
pursuant to Section 20-85
of this | ||||||
17 | Act. An affidavit from the aggrieved party's attorney shall | ||||||
18 | be sufficient evidence of the attorney's fees incurred.
| ||||||
19 | (h) If, after After conducting the evidentiary hearing | ||||||
20 | required under this Section, the court finds the aggrieved | ||||||
21 | party has satisfied the requirements of Section 20-85 and this | ||||||
22 | Section, the court shall , in a post-judgment order directed to | ||||||
23 | the Department, order shall indicate whether requiring payment | ||||||
24 | from
the Real Estate
Recovery Fund in the amount of the unpaid | ||||||
25 | balance of the aggrieved party's judgment subject is | ||||||
26 | appropriate and, if so, the amount it finds to be payable upon |
| |||||||
| |||||||
1 | the claim, pursuant
to and in
accordance with the limitations | ||||||
2 | contained in Section 20-85 of this Act , if the
court is
| ||||||
3 | satisfied, based upon the hearing,
of the truth of all matters | ||||||
4 | required to be shown by the aggrieved person under
subsection | ||||||
5 | (g) of this
Section and that the aggrieved person has fully | ||||||
6 | pursued and exhausted all
remedies available for
recovering the | ||||||
7 | amount awarded by the judgment of the court .
| ||||||
8 | (i) If Should the Department pays pay from the Real Estate | ||||||
9 | Recovery Fund any amount in
settlement of a claim
or toward | ||||||
10 | satisfaction of a judgment against any licensee
or an | ||||||
11 | unlicensed
employee of a licensee, the licensee's license shall | ||||||
12 | be automatically revoked
upon the issuance of a
post-judgment | ||||||
13 | order authorizing payment from the Real Estate Recovery Fund. | ||||||
14 | No
petition for restoration of
a license shall be heard until | ||||||
15 | repayment has been made in full, plus interest
at the rate | ||||||
16 | prescribed in
Section 12-109 of the Code of Civil Procedure of | ||||||
17 | the amount paid from
the Real Estate Recovery Fund on their | ||||||
18 | account, notwithstanding any provision to the contrary in | ||||||
19 | Section 2105-15 of the Department of Professional Regulation | ||||||
20 | Law of the Civil Administrative Code of Illinois. A discharge | ||||||
21 | in bankruptcy shall
not relieve a
person from the penalties and | ||||||
22 | disabilities provided in this subsection (i).
| ||||||
23 | (j) If, at any time, the money deposited in the Real Estate | ||||||
24 | Recovery Fund is
insufficient to
satisfy any duly authorized | ||||||
25 | claim or portion thereof, the Department shall, when
sufficient | ||||||
26 | money has been
deposited in the Real Estate Recovery Fund, |
| |||||||
| |||||||
1 | satisfy such unpaid claims or
portions thereof, in the
order | ||||||
2 | that such claims or portions thereof were originally filed, | ||||||
3 | plus
accumulated interest at the rate
prescribed in Section | ||||||
4 | 12-109 of the Code of Civil Procedure , provided that amount | ||||||
5 | does not exceed the limits set forth in rules adopted by the | ||||||
6 | Department .
| ||||||
7 | (Source: P.A. 96-856, eff. 12-31-09; 97-1002, eff. 8-17-12.)
| ||||||
8 | (225 ILCS 454/25-15)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
10 | Sec. 25-15. Real Estate Coordinator; duties. There shall be | ||||||
11 | in the Department a Real Estate Coordinator,
appointed by the | ||||||
12 | Secretary, who shall hold
a currently valid broker's license, | ||||||
13 | which shall be transferred to inactive status surrendered to | ||||||
14 | the Department during
the appointment.
The Real Estate | ||||||
15 | Coordinator shall have the
following duties and | ||||||
16 | responsibilities:
| ||||||
17 | (1) act as Chairperson of the Board, ex officio | ||||||
18 | ex-officio , without vote;
| ||||||
19 | (2) be the direct liaison between the Department, the | ||||||
20 | profession, and real estate
organizations
and | ||||||
21 | associations;
| ||||||
22 | (3) prepare and circulate to licensees any educational | ||||||
23 | and informational
material that the Department
deems | ||||||
24 | necessary for providing guidance or assistance to | ||||||
25 | licensees;
|
| |||||||
| |||||||
1 | (4) appoint any necessary committees to assist in the | ||||||
2 | performance of the
functions and
duties of the Department | ||||||
3 | under this Act; and
| ||||||
4 | (5) subject to the administrative approval of the | ||||||
5 | Secretary, supervise
all real estate
activities.
| ||||||
6 | In designating the Real Estate Coordinator, the
Secretary | ||||||
7 | shall give due
consideration to
recommendations by members and | ||||||
8 | organizations of the profession.
| ||||||
9 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
10 | (225 ILCS 454/25-21) | ||||||
11 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
12 | Sec. 25-21. Peer review advisors. The Department may | ||||||
13 | contract with licensees meeting qualifications prescribed | ||||||
14 | established by the Department to serve as peer review advisors | ||||||
15 | for complaints and alleged violations of the Act. A peer review | ||||||
16 | advisor is authorized to investigate and determine the facts of | ||||||
17 | a complaint. The peer review advisor shall, at the direction of | ||||||
18 | the Department, interview witnesses, the complainant and any | ||||||
19 | licensees involved in the alleged matter and make a | ||||||
20 | recommendation as to the findings of fact to the Department. | ||||||
21 | The Department shall have 30 days from receipt of the | ||||||
22 | recommendation to accept, reject or modify the recommended | ||||||
23 | findings of fact. Peer review advisors shall be compensated | ||||||
24 | from the Real Estate Audit Fund at a rate of not to exceed | ||||||
25 | $15,000.00 per advisor annually. A peer review advisor shall |
| |||||||
| |||||||
1 | not investigate a complaint from a marketplace in which the | ||||||
2 | peer review advisor does business.
| ||||||
3 | (Source: P.A. 96-856, eff. 12-31-09.)
| ||||||
4 | (225 ILCS 454/25-25)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
6 | Sec. 25-25. Real Estate Research and Education Fund. A | ||||||
7 | special fund to be known as the Real Estate Research and | ||||||
8 | Education Fund is
created and shall be
held in trust in the | ||||||
9 | State Treasury. Annually, on September 15th, the State
| ||||||
10 | Treasurer shall cause a
transfer of $125,000 to the Real Estate | ||||||
11 | Research and Education Fund from the
Real Estate License
| ||||||
12 | Administration Fund. The Real Estate Research and Education | ||||||
13 | Fund shall be
administered by
the Department. Money deposited | ||||||
14 | in the Real Estate Research and Education Fund may be
used for | ||||||
15 | research and for
education at state
institutions of higher | ||||||
16 | education or other organizations for research and for education | ||||||
17 | to further the
advancement of
education in the real estate | ||||||
18 | industry.
Of the $125,000 annually transferred into the Real | ||||||
19 | Estate Research and
Education Fund, $15,000
shall be used to | ||||||
20 | fund a scholarship program for persons of minority racial
| ||||||
21 | origin who wish to
pursue a course of study in the field of | ||||||
22 | real estate. For the purposes of this
Section, "course of
| ||||||
23 | study" means a course or courses that are part of a program of | ||||||
24 | courses in the
field of real estate
designed to further an | ||||||
25 | individual's knowledge or expertise in the field of real
|
| |||||||
| |||||||
1 | estate. These courses
shall include without limitation courses | ||||||
2 | that a broker licensed under this Act must complete to qualify | ||||||
3 | for a managing broker's license, courses required to
obtain the | ||||||
4 | Graduate
Realtors Institute designation, and any other courses | ||||||
5 | or programs offered by
accredited colleges,
universities, or | ||||||
6 | other institutions of higher education in Illinois. The
| ||||||
7 | scholarship program shall be
administered by the Department or | ||||||
8 | its designee.
Moneys in the Real Estate Research and Education | ||||||
9 | Fund may be invested and
reinvested in the
same manner as funds | ||||||
10 | in the Real Estate Recovery Fund and all earnings,
interest, | ||||||
11 | and dividends
received from such investments shall be deposited | ||||||
12 | in the Real Estate Research
and Education Fund
and may be used | ||||||
13 | for the same purposes as moneys transferred to the Real Estate
| ||||||
14 | Research and Education Fund. Moneys in the Real Estate Research | ||||||
15 | and Education Fund may be transferred to the Professions | ||||||
16 | Indirect Cost Fund as authorized under Section 2105-300 of the | ||||||
17 | Department of Professional Regulation Law of the Civil | ||||||
18 | Administrative Code of Illinois.
| ||||||
19 | (Source: P.A. 99-227, eff. 8-3-15.)
| ||||||
20 | (225 ILCS 454/30-5)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
22 | Sec. 30-5. Licensing of real estate education providers and
| ||||||
23 | instructors. | ||||||
24 | (a) No person shall operate an education provider entity | ||||||
25 | without possessing a valid and active license issued by the |
| |||||||
| |||||||
1 | Department. Only education providers in possession of a valid | ||||||
2 | education provider license may provide real estate | ||||||
3 | pre-license, post-license, or continuing education courses | ||||||
4 | that satisfy the requirements of this Act. Every person that | ||||||
5 | desires to obtain an education provider license shall make | ||||||
6 | application to the Department in a manner writing on forms | ||||||
7 | prescribed by the Department and pay the fee prescribed by | ||||||
8 | rule. In addition to any other information required to be | ||||||
9 | contained in the application as prescribed by rule, every | ||||||
10 | application for an original or renewed license shall include | ||||||
11 | the applicant's Social Security number or tax identification | ||||||
12 | number.
| ||||||
13 | (b) (Blank).
| ||||||
14 | (c) (Blank).
| ||||||
15 | (d) (Blank).
| ||||||
16 | (e) (Blank). | ||||||
17 | (f) To qualify for an education provider license, an | ||||||
18 | applicant must demonstrate the following: | ||||||
19 | (1) a sound financial base for establishing, | ||||||
20 | promoting, and delivering the necessary courses; budget | ||||||
21 | planning for the school's courses should be clearly | ||||||
22 | projected; | ||||||
23 | (2) a sufficient number of qualified, licensed | ||||||
24 | instructors as provided by rule; | ||||||
25 | (3) adequate support personnel to assist with | ||||||
26 | administrative matters and technical assistance; |
| |||||||
| |||||||
1 | (4) maintenance and availability of records of | ||||||
2 | participation for licensees; | ||||||
3 | (5) the ability to provide each participant who | ||||||
4 | successfully completes an approved program with a | ||||||
5 | certificate of completion signed by the administrator of a | ||||||
6 | licensed education provider in a manner prescribed on forms | ||||||
7 | provided by the Department ; the certificate of completion | ||||||
8 | shall include the program that was completed, the | ||||||
9 | completion date, the course number, and the student's and | ||||||
10 | education provider's license numbers ; | ||||||
11 | (6) a written policy dealing with procedures for the | ||||||
12 | management of grievances and fee refunds; | ||||||
13 | (7) lesson plans and examinations, if applicable, for | ||||||
14 | each course; | ||||||
15 | (8) a 75% passing grade for successful completion of | ||||||
16 | any continuing education course or pre-license or | ||||||
17 | post-license examination, if required; | ||||||
18 | (9) the ability to identify and use instructors who | ||||||
19 | will teach in a planned program; instructor selections must | ||||||
20 | demonstrate: | ||||||
21 | (A) appropriate credentials; | ||||||
22 | (B) competence as a teacher; | ||||||
23 | (C) knowledge of content area; and | ||||||
24 | (D) qualification by experience. | ||||||
25 | Unless otherwise provided for in this Section, the | ||||||
26 | education provider shall provide a proctor or an electronic |
| |||||||
| |||||||
1 | means of proctoring for each examination; the education | ||||||
2 | provider shall be responsible for the conduct of the proctor; | ||||||
3 | the duties and responsibilities of a proctor shall be | ||||||
4 | established by rule. | ||||||
5 | Unless otherwise provided for in this Section, the | ||||||
6 | education provider must provide for closed book examinations | ||||||
7 | for each course unless the Department, upon the recommendation | ||||||
8 | of the Board, excuses this requirement based on the complexity | ||||||
9 | of the course material. | ||||||
10 | (g) Advertising and promotion of education activities must | ||||||
11 | be carried out in a responsible fashion clearly showing the | ||||||
12 | educational objectives of the activity, the nature of the | ||||||
13 | audience that may benefit from the activity, the cost of the | ||||||
14 | activity to the participant and the items covered by the cost, | ||||||
15 | the amount of credit that can be earned, and the credentials of | ||||||
16 | the faculty. | ||||||
17 | (h) The Department may, or upon request of the Board shall, | ||||||
18 | after notice, cause an education provider to attend an informal | ||||||
19 | conference before the Board for failure to comply with any | ||||||
20 | requirement for licensure or for failure to comply with any | ||||||
21 | provision of this Act or the rules for the administration of | ||||||
22 | this Act. The Board shall make a recommendation to the | ||||||
23 | Department as a result of its findings at the conclusion of any | ||||||
24 | such informal conference. | ||||||
25 | (i) All education providers shall maintain these minimum | ||||||
26 | criteria and pay the required fee in order to retain their |
| |||||||
| |||||||
1 | education provider license. | ||||||
2 | (j) The Department may adopt any administrative rule | ||||||
3 | consistent with the language and intent of this Act that may be | ||||||
4 | necessary for the implementation and enforcement of this | ||||||
5 | Section. | ||||||
6 | (Source: P.A. 100-188, eff. 1-1-18; 100-831, eff. 1-1-19 .)
| ||||||
7 | (225 ILCS 454/30-15)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
9 | Sec. 30-15. Licensing of education providers; approval of
| ||||||
10 | courses. | ||||||
11 | (a) (Blank).
| ||||||
12 | (b) (Blank).
| ||||||
13 | (c) (Blank).
| ||||||
14 | (d) (Blank).
| ||||||
15 | (e) (Blank).
| ||||||
16 | (f) All education providers shall submit, at the time of | ||||||
17 | initial
application and
with each license renewal, a list of | ||||||
18 | courses with course materials that comply with the course | ||||||
19 | requirements in this Act to be
offered by the education | ||||||
20 | provider. The Department may establish an online mechanism by | ||||||
21 | which education providers may submit for approval by the | ||||||
22 | Department upon the recommendation of the Board or its designee | ||||||
23 | pre-license, post-license, or continuing education courses | ||||||
24 | that
are submitted
after the time of the education provider's | ||||||
25 | initial license application or renewal. The Department shall |
| |||||||
| |||||||
1 | provide to each education provider
a certificate for each | ||||||
2 | approved pre-license, post-license, or continuing education | ||||||
3 | course. All pre-license, post-license, or
continuing education
| ||||||
4 | courses shall be valid for the period coinciding with the term | ||||||
5 | of license of
the education provider. However, in no case shall | ||||||
6 | a course continue to be valid if it does not, at all times, | ||||||
7 | meet all of the requirements of the core curriculum established | ||||||
8 | by this Act and the Board, as modified from time to time in | ||||||
9 | accordance with this Act. All education providers shall provide | ||||||
10 | a copy of the
certificate of the pre-license, post-license, or | ||||||
11 | continuing
education course within the course materials given | ||||||
12 | to each student or shall
display a copy of the
certificate of | ||||||
13 | the pre-license, post-license, or continuing education course | ||||||
14 | in a conspicuous place at the
location of the class.
| ||||||
15 | (g) Each education provider shall provide to the Department | ||||||
16 | a report
in a
frequency and format determined by the | ||||||
17 | Department, with information concerning students who
| ||||||
18 | successfully completed all
approved pre-license, post-license, | ||||||
19 | or continuing education courses offered by the education | ||||||
20 | provider.
| ||||||
21 | (h) The Department, upon the recommendation of the Board, | ||||||
22 | may temporarily
suspend a licensed education provider's | ||||||
23 | approved courses without
hearing and refuse to
accept | ||||||
24 | successful completion of or participation in any of these | ||||||
25 | pre-license, post-license, or continuing
education courses for
| ||||||
26 | education credit from that education provider upon the failure |
| |||||||
| |||||||
1 | of that
education provider
to comply with the provisions of | ||||||
2 | this Act or the rules for the administration
of this Act, until | ||||||
3 | such
time as the Department receives satisfactory assurance of | ||||||
4 | compliance. The Department shall notify
the
education provider | ||||||
5 | of the noncompliance and may initiate disciplinary
proceedings | ||||||
6 | pursuant to
this Act. The Department
may refuse to issue, | ||||||
7 | suspend, revoke, or otherwise discipline the license
of an
| ||||||
8 | education provider or may withdraw approval of a pre-license, | ||||||
9 | post-license, or continuing education course for
good cause.
| ||||||
10 | Failure to comply with the requirements of this Section or any | ||||||
11 | other
requirements
established by rule shall
be deemed to be | ||||||
12 | good cause. Disciplinary proceedings shall be conducted by the
| ||||||
13 | Board in the same
manner as other disciplinary proceedings | ||||||
14 | under this Act.
| ||||||
15 | (i) Pre-license, post-license, and continuing education | ||||||
16 | courses, whether submitted for approval at the time of an | ||||||
17 | education provider's initial application for licensure or | ||||||
18 | otherwise, must meet the following minimum course | ||||||
19 | requirements: | ||||||
20 | (1) No continuing education course shall be required to | ||||||
21 | be taught in increments longer than 2 hours in duration; | ||||||
22 | however, for each one hour 2 hours of course time in each | ||||||
23 | course, there shall be a minimum of 50 100 minutes of | ||||||
24 | instruction. | ||||||
25 | (2) All core curriculum courses shall be provided only | ||||||
26 | in the classroom or through a live, interactive webinar or |
| |||||||
| |||||||
1 | online distance education format. | ||||||
2 | (3) Courses provided through a live, interactive | ||||||
3 | webinar shall require all participants to demonstrate | ||||||
4 | their attendance in and attention to the course by | ||||||
5 | answering or responding to at least one polling question | ||||||
6 | per 50 30 minutes of course instruction. In no event shall | ||||||
7 | the interval between polling questions exceed 30 minutes. | ||||||
8 | (4) All participants in courses provided in an online | ||||||
9 | distance education format shall demonstrate proficiency | ||||||
10 | with the subject matter of the course through verifiable | ||||||
11 | responses to questions included in the course content. | ||||||
12 | (5) Credit for courses completed in a classroom or | ||||||
13 | through a live, interactive webinar or online distance | ||||||
14 | education format shall not require an examination. | ||||||
15 | (6) Credit for courses provided through | ||||||
16 | correspondence, or by home study, shall require the passage | ||||||
17 | of an in-person, proctored examination. | ||||||
18 | (j) The Department is authorized to engage a third party as | ||||||
19 | the Board's designee to perform the functions specifically | ||||||
20 | provided for in subsection (f) of this Section, namely that of | ||||||
21 | administering the online system for receipt, review, and | ||||||
22 | approval or denial of new courses. | ||||||
23 | (k) The Department may adopt any administrative rule | ||||||
24 | consistent with the language and intent of this Act that may be | ||||||
25 | necessary for the implementation and enforcement of this | ||||||
26 | Section. |
| |||||||
| |||||||
1 | (Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18 .)
| ||||||
2 | (225 ILCS 454/30-25)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
4 | Sec. 30-25. Licensing of education provider instructors.
| ||||||
5 | (a) No person shall act as either a pre-license or | ||||||
6 | continuing education instructor without possessing a
valid | ||||||
7 | pre-license or continuing
education instructor license and | ||||||
8 | satisfying any other qualification criteria adopted | ||||||
9 | established by the Department by rule.
| ||||||
10 | (a-5) Each person with a valid pre-license instructor | ||||||
11 | license may teach pre-license, continuing education core | ||||||
12 | curriculum, continuing education elective curriculum, or | ||||||
13 | broker management education courses if they meet specific | ||||||
14 | criteria adopted by the Department by rule. Those persons who | ||||||
15 | have not met the criteria or who only possess a valid | ||||||
16 | continuing education instructor license shall only teach | ||||||
17 | continuing education elective curriculum courses. Any person | ||||||
18 | with a valid continuing education instructor license who wishes | ||||||
19 | to teach continuing education core curriculum or broker | ||||||
20 | management continuing education courses must obtain a valid | ||||||
21 | pre-license instructor license. Each person that is an | ||||||
22 | instructor for pre-license, continuing education core | ||||||
23 | curriculum, or broker management education courses shall meet | ||||||
24 | specific criteria established by the Department by rule. Those | ||||||
25 | persons who have not met the criteria shall only teach |
| |||||||
| |||||||
1 | continuing education elective curriculum courses. | ||||||
2 | (b) Every person who desires to obtain an education | ||||||
3 | provider instructor's license shall attend and successfully | ||||||
4 | complete a one-day instructor development workshop, as | ||||||
5 | approved by the Department. However, pre-license instructors | ||||||
6 | who have complied with subsection (b) of this Section 30-25 | ||||||
7 | shall not be required to complete the instructor workshop in | ||||||
8 | order to teach continuing education elective curriculum | ||||||
9 | courses. | ||||||
10 | (b-5) The term of licensure for a pre-license or continuing | ||||||
11 | education instructor shall be 2 years , with renewal dates | ||||||
12 | adopted and as established by rule. Every person who desires to | ||||||
13 | obtain a pre-license or continuing education instructor
| ||||||
14 | license shall make
application to the Department in a manner | ||||||
15 | writing on forms prescribed by the Department, accompanied
by | ||||||
16 | the fee adopted
prescribed by rule. In addition to any other | ||||||
17 | information required to be
contained in the application,
every | ||||||
18 | application for an original license shall include the
| ||||||
19 | applicant's Social Security
number, which shall be retained in | ||||||
20 | the agency's records pertaining to the license. As soon as | ||||||
21 | practical, the Department shall assign a customer's | ||||||
22 | identification number to each applicant for a license. | ||||||
23 | Every application for a renewal or restored license shall | ||||||
24 | require the applicant's customer identification number. | ||||||
25 | The Department shall issue a pre-license or continuing | ||||||
26 | education instructor license to
applicants who meet
|
| |||||||
| |||||||
1 | qualification criteria established by this Act or rule.
| ||||||
2 | (c) The Department may refuse to issue, suspend, revoke, or | ||||||
3 | otherwise discipline a
pre-license or continuing education
| ||||||
4 | instructor for good cause. Disciplinary proceedings shall be | ||||||
5 | conducted by the
Board in the same
manner as other disciplinary | ||||||
6 | proceedings under this Act. All pre-license instructors must | ||||||
7 | teach at least one pre-license or continuing education core | ||||||
8 | curriculum course within the period of licensure as a | ||||||
9 | requirement for renewal of the instructor's license. All | ||||||
10 | continuing
education instructors
must teach at least one course | ||||||
11 | within the period of licensure or take an
instructor training | ||||||
12 | program
approved by the Department in lieu thereof as a | ||||||
13 | requirement for renewal of the instructor's license.
| ||||||
14 | (d) Each course transcript submitted by an education | ||||||
15 | provider to the Department shall include the name and license | ||||||
16 | number of the pre-license or continuing education instructor | ||||||
17 | for the course. | ||||||
18 | (e) Licensed education provider instructors may teach for | ||||||
19 | more than one licensed education provider. | ||||||
20 | (f) The Department may adopt any administrative rule | ||||||
21 | consistent with the language and intent of this Act that may be | ||||||
22 | necessary for the implementation and enforcement of this | ||||||
23 | Section. | ||||||
24 | (Source: P.A. 100-188, eff. 1-1-18 .)
| ||||||
25 | (225 ILCS 454/20-68 rep.)
|
| |||||||
| |||||||
1 | (225 ILCS 454/25-14 rep.)
| ||||||
2 | (225 ILCS 454/25-37 rep.)
| ||||||
3 | Section 15. The Real Estate License Act of 2000 is amended | ||||||
4 | by repealing Sections 20-68, 25-14, and 25-37.
| ||||||
5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
|