2005 Illinois Code - 225 ILCS 454/ Real Estate License Act of 2000. Article 5 - Licensing And Education
(225 ILCS 454/Art. 5 heading) ARTICLE 5. LICENSING AND EDUCATION
(225 ILCS 454/5‑5) (Section scheduled to be repealed on January 1, 2010) Sec. 5‑5. Leasing agent license. (a) The purpose of this Section is to provide for a limited scope license to
enable persons who
wish to engage in activities limited to the leasing of residential real
property for which a license is
required under this Act, and only those activities, to do so by obtaining the
license provided for
under this Section. (b) Notwithstanding the other provisions of this Act, there is hereby
created a leasing agent
license that shall enable the licensee to engage only in residential leasing
activities for which a
license is required under this Act. Such activities include without
limitation leasing or renting
residential real property, or attempting, offering, or negotiating to lease or
rent residential real property, or
supervising the collection, offer, attempt, or agreement to collect rent for
the use of
residential real
property. Nothing in this
Section shall be construed to require a licensed real estate broker or
salesperson to obtain a leasing
agent license in order to perform leasing activities for which a license is
required under this Act.
Licensed leasing agents must be sponsored and employed by a sponsoring broker. (c) OBRE, by rule, with the advice of the Board, shall provide for the
licensing of leasing
agents, including the issuance, renewal, and administration of licenses. (d) Notwithstanding any other provisions of this Act to the contrary, a
person may engage in
residential leasing activities for which a license is required under this Act,
for a period of 120
consecutive days without being licensed, so long as the person is acting under
the supervision of a
licensed real estate broker and the broker has notified OBRE that the person is
pursuing licensure
under this Section. During the 120 day period all requirements of Sections
5‑10
and 5‑65 of this Act
with respect to education, successful completion of an examination, and the
payment of all required
fees must be satisfied. OBRE may adopt rules to ensure that the provisions of
this subsection are
not used in a manner that enables an unlicensed person to repeatedly or
continually engage in
activities for which a license is required under this Act. (Source: P.A. 91‑245, eff. 12‑31‑99.)
(225 ILCS 454/5‑10) (Section scheduled to be repealed on January 1, 2010) Sec. 5‑10. Application for leasing agent license. Every person who desires to obtain a leasing agent license shall apply to OBRE
in writing on forms
provided by OBRE. In addition to any other information required to be
contained in the
application, every application for an original or renewed leasing agent license
shall include the
applicant's Social Security number. All application or license fees must
accompany the application.
Each applicant must be at least 18 years of age, must be of good moral
character, shall have successfully
completed a 4‑year course of study in a high school or secondary school or an
equivalent course of
study approved by the Illinois State Board of Education, and shall successfully
complete a written
examination authorized by OBRE sufficient to demonstrate the applicant's
knowledge of the
provisions of this Act relating to leasing agents and the applicant's
competence to engage in the
activities of a licensed leasing agent. Applicants must successfully complete
15 hours of
instruction in an approved course of study relating to the leasing of
residential real property. The
course of study shall, among other topics, cover
the provisions of this Act
applicable to leasing agents; fair housing issues relating to residential
leasing; advertising and marketing issues;
leases, applications, and credit reports; owner‑tenant relationships and
owner‑tenant laws; the handling of funds; and
environmental issues relating
to residential real
property.
Successfully completed course work, completed pursuant to the
requirements of this
Section, may be applied to the course work requirements to obtain a real estate
broker's or
salesperson's license as provided by rule. The Advisory Council shall
recommend through the
Board to OBRE and OBRE shall adopt requirements for approved courses, course
content, and the
approval of courses, instructors, and schools, as well as school and instructor
fees. OBRE may
establish continuing education requirements for licensed leasing agents, by
rule, with the advice of
the Advisory Council and Board. (Source: P.A. 91‑245, eff. 12‑31‑99.)
(225 ILCS 454/5‑15) (Section scheduled to be repealed on January 1, 2010) Sec. 5‑15. Necessity of broker, salesperson, or leasing agent license
or sponsor card; ownership
restrictions. (a) It is unlawful for any person, corporation, limited liability company,
registered limited liability partnership, or partnership to act as
a real estate broker, real estate salesperson, or leasing agent or to advertise
or assume to act as such
broker, salesperson, or leasing agent without a properly issued sponsor card or
a license issued
under this Act by OBRE, either directly or through its authorized designee. (b) No corporation shall be granted a license or engage in the business or
capacity, either
directly or indirectly, of a real estate broker, unless every officer of the
corporation who actively
participates in the real estate activities of the corporation holds a license
as a real estate broker
and unless every employee who acts as a salesperson, or leasing agent for the
corporation holds a
license as a real estate broker, salesperson, or leasing agent. (c) No partnership shall be granted a license or engage in the business or
serve in the capacity,
either directly or indirectly, of a real estate broker, unless every general
partner in the partnership
holds a license as a real estate broker and unless every employee who acts as a
salesperson or
leasing agent for the partnership holds a license as a real estate broker,
salesperson, or leasing
agent. In the case of a registered limited liability partnership (LLP), every
partner in the LLP
must hold a license as a real estate broker and every employee who acts as a
salesperson or leasing
agent must hold a license as a real estate broker, salesperson, or leasing
agent. (d) No limited liability company shall be granted a license or engage in the
business or serve in
the capacity, either directly or indirectly, of a real estate broker unless
every manager in
the limited liability company holds a license as a real estate broker and
unless every member and employee who
acts as a salesperson or leasing agent for the limited liability company holds
a license as a real
estate broker, salesperson, or leasing agent. (e) No partnership, limited liability company, or corporation shall be
licensed to conduct a
brokerage business where an individual salesperson or leasing agent, or group
of
salespersons
or leasing agents, owns or directly or indirectly controls more than 49% of the
shares of stock or
other ownership in the partnership, limited liability company, or corporation. (Source: P.A. 91‑245, eff. 12‑31‑99.)
(225 ILCS 454/5‑20) (Section scheduled to be repealed on January 1, 2010) Sec. 5‑20. Exemptions from broker, salesperson, or leasing agent license
requirement. The requirement for holding a license under this Article 5 shall
not apply to: (1) Any person, partnership, or corporation that as owner or lessor performs
any of the acts described in the definition of "broker" under Section 1‑10 of
this Act with reference to property owned or leased by it, or to the regular
employees thereof with respect to the property so owned or leased, where such
acts are performed in the regular course of or as an incident to the
management, sale, or other disposition of such property and the investment
therein, provided that such regular employees do not perform any of the acts
described in the definition of "broker" under Section 1‑10 of this Act in
connection with a vocation of selling or leasing any real estate or the
improvements thereon not so owned or leased. (2) An attorney in fact acting under a duly executed and recorded power of
attorney to convey real estate from the owner or lessor or the services
rendered by an attorney at law in the performance of the attorney's duty as an
attorney at law. (3) Any person acting as receiver, trustee in bankruptcy, administrator,
executor, or guardian or while acting under a court order or under the
authority of a will or testamentary trust. (4) Any person acting as a resident manager for the owner or any employee
acting as the resident manager for a broker managing an apartment building,
duplex, or apartment complex, when the resident manager resides on the
premises, the premises is his or her primary residence, and the resident
manager is engaged in the leasing of the property of which he or she is the
resident manager. (5) Any officer or employee of a federal agency in the conduct of official
duties. (6) Any officer or employee of the State government or any political
subdivision thereof performing official duties. (7) Any multiple listing service or other information exchange that is
engaged in the collection
and dissemination of information concerning real estate available for sale,
purchase, lease, or
exchange along with which no other licensed activities are provided. (8) Railroads and other public utilities regulated by the State of Illinois,
or the officers or full time employees thereof, unless the performance of any
licensed activities is in connection with the sale, purchase, lease, or other
disposition of real estate or investment therein not needing the approval of
the appropriate State regulatory authority. (9) Any medium of advertising in the routine course of selling or publishing
advertising along with which no other licensed activities are provided. (10) Any resident lessee of a residential dwelling unit who refers for
compensation to the owner of the dwelling unit, or to the owner's agent,
prospective lessees of dwelling units in the same building or complex as the
resident lessee's unit, but only if the resident lessee (i) refers no more than
3 prospective lessees in any 12‑month period, (ii) receives compensation of no
more than $1,000 or the equivalent of one month's rent, whichever is less, in
any 12‑month period, and (iii) limits his or her activities to referring
prospective lessees to the owner, or the owner's agent, and does not show a
residential dwelling unit to a prospective lessee, discuss terms or conditions
of leasing a dwelling unit with a prospective lessee, or otherwise participate
in the negotiation of the leasing of a dwelling unit. (11) An exchange company registered under the Real Estate Timeshare Act of
1999 and the regular employees of that registered exchange company but only
when conducting an exchange program as defined in that Act. (12) An existing timeshare owner who, for compensation, refers prospective
purchasers, but only if the existing timeshare owner (i) refers no more than 20
prospective purchasers in any calendar year, (ii) receives no more than $1,000,
or its equivalent, for referrals in any calendar year and (iii) limits his or
her activities to referring prospective purchasers of timeshare interests to
the developer or the developer's employees or agents, and does not show,
discuss terms or conditions of purchase or otherwise participate in
negotiations with regard to timeshare interests. (13) Any person who is licensed without examination under
Section 10‑25 of the Auction License Act is exempt from holding a broker's or
salesperson's license under this Act for the limited purpose of selling or
leasing real estate at auction, so long as: (A) that person has made application for said
exemption by July 1, 2000;
(B) that person verifies to OBRE that he or she
has sold real estate at auction for a period of 5 years prior to licensure as an auctioneer;
(C) the person has had no lapse in his or her
license as an auctioneer; and
(D) the license issued under the Auction License
Act has not been disciplined for violation of those provisions of Article 20 of the Auction License Act dealing with or related to the sale or lease of real estate at auction.
(14) A hotel operator who is registered with the Illinois Department of
Revenue and pays taxes under the Hotel Operators' Occupation Tax Act and rents
a room or rooms in a hotel as defined in the Hotel Operators' Occupation Tax
Act for a period of not more than 30 consecutive days and not more than 60 days
in a calendar year. (Source: P.A. 91‑245, eff. 12‑31‑99; 91‑585, eff. 1‑1‑00; 91‑603, eff.
1‑1‑00; 92‑16, eff. 6‑28‑01; 92‑217, eff. 8‑2‑01.)
(225 ILCS 454/5‑25) (Section scheduled to be repealed on January 1, 2010) Sec. 5‑25. Application for and issuance of broker or salesperson license. (a) Every person who desires to obtain a license shall make application to
OBRE in writing
upon forms prepared and furnished by OBRE. In addition to any other
information required to be
contained in the application, every application for an original or renewed
license shall include the
applicant's Social Security number. Each applicant shall be at least 21 years
of age, be of good
moral character, and have successfully completed a 4‑year course of study in a
high school or
secondary school approved by the Illinois State Board of Education or an
equivalent course of
study as determined by an examination conducted by the Illinois State Board of
Education and shall
be verified under oath by the applicant. The minimum age of 21 years shall be
waived for any
person seeking a license as a real estate salesperson who has attained the age
of 18 and can provide
evidence of the successful completion of at least 4 semesters of post‑secondary
school study as a
full‑time student or the equivalent, with major emphasis on real estate
courses, in a school approved
by OBRE. (b) When an applicant has had his or her license revoked on a prior occasion
or when an
applicant is found to have committed any of the practices enumerated in Section
20‑20 of this Act or when an
applicant has been convicted of forgery, embezzlement, obtaining money under
false pretenses,
larceny, extortion, conspiracy to defraud, or any other similar offense or
offenses or has been
convicted of a felony involving moral turpitude in any court of competent
jurisdiction in this or any
other state, district, or territory of the United States or of a foreign
country, the Board may consider
the prior revocation, conduct, or conviction in its determination of the
applicant's moral character
and whether to grant the applicant a license. In its consideration of the
prior revocation, conduct,
or conviction, the Board shall take into account the nature of the conduct, any
aggravating or
extenuating circumstances, the time elapsed since the revocation, conduct, or
conviction, the
rehabilitation or restitution performed by the applicant, and any other factors
that the Board deems
relevant. When an applicant has made a false statement of material fact on
his or her application, the
false statement may in itself be sufficient grounds to revoke or refuse to
issue a license. (c) Every valid application for issuance of an initial license shall be
accompanied by a sponsor
card and the fees specified by rule. (d) No applicant shall engage in any of the activities covered by this Act
until a valid sponsor
card has been issued to such applicant. The sponsor card shall be valid for a
maximum period of
45 days from the date of issuance unless extended for good cause as provided by
rule. (e) OBRE shall issue to each applicant entitled thereto a license in such
form and size as shall
be prescribed by OBRE. The procedure for terminating a license shall be
printed on the reverse
side of the license. Each license shall bear the name of the person so
qualified, shall specify
whether the person is qualified to act in a broker or salesperson capacity,
and shall contain such
other information as shall be recommended by the Board and approved by OBRE.
Each person
licensed under this Act shall display his or her license conspicuously in his
or her place of business. (Source: P.A. 91‑245, eff. 12‑31‑99.)
(225 ILCS 454/5‑30) (Section scheduled to be repealed on January 1, 2010) Sec. 5‑30. Education requirements to obtain an original broker or
salesperson
license. (a) All applicants for a broker's license, except applicants who meet the
criteria set forth in
subsection (c) of this Section shall (i) give satisfactory evidence of having
completed at
least 120 classroom
hours, 45 of which shall be those hours required to obtain a salesperson's
license plus 15 hours in
brokerage administration courses, in real estate courses approved by the
Advisory Council or (ii)
for applicants who currently hold a valid real estate salesperson's license,
give satisfactory evidence
of having completed at least 75 hours in real estate courses, not including the
courses that are
required to obtain a salesperson's license, approved by the Advisory Council. (b) All applicants for a salesperson's license, except applicants who meet
the criteria set forth in
subsection (c) of this Section shall give satisfactory evidence that they have
completed at least 45 hours of
instruction in real estate courses approved by the Advisory Council. (c) The requirements specified in subsections (a) and (b) of this Section do
not apply to applicants who are currently admitted to practice law by the Supreme Court of
Illinois
and are
currently in active standing. (d) A minimum of 15 of the required hours of pre‑license education shall be
in the areas of
Article 15 of this Act, disclosure and environmental issues, or any other
currently topical areas that are
determined by the Advisory Council. (Source: P.A. 93‑957, eff. 8‑19‑04.)
(225 ILCS 454/5‑35) (Section scheduled to be repealed on January 1, 2010) Sec. 5‑35. Examination; broker or salesperson. (a) Every person who makes application for an original license as a broker
or salesperson shall
personally take and pass a written examination authorized by OBRE and answer
any questions that
may be required to determine the good moral character of the applicant and the
applicant's
competency to transact the business of broker or salesperson, as the case may
be, in such a manner
as to safeguard the interests of the public. In determining this competency,
OBRE shall require
proof that the applicant has a good understanding and the knowledge to conduct
real estate
brokerage and of the provisions of this Act. The examination shall be prepared
by an independent
testing service designated by OBRE, subject to the approval of the examinations
by the Board. The
designated independent testing service shall conduct the examinations at such
times and places as
OBRE shall approve. In addition, every person who desires to take the written
examination shall
make application to do so to OBRE or to the designated independent testing
service in writing upon
forms approved by OBRE. An applicant shall be eligible to take the
examination only after
successfully completing the education requirements, set forth in Section 5‑30
of this Act,
and
attaining the
minimum age specified in this Act. Each applicant shall be required to
establish compliance with
the eligibility requirements in the manner provided by the rules
promulgated for
the administration of this Act. (b) If a person who has received a passing score on the written examination
described in this Section fails to file an application and meet all
requirements for a license
under this Act within
one year after receiving a passing score on the examination, credit for the
examination shall
terminate. The person thereafter may make a new application for examination. (c) If an applicant has failed an examination 3 times, the applicant must
repeat the pre‑license
education required to sit for the examination. For the purposes of this
Section, the fourth attempt
shall be the same as the first. Approved education, as prescribed by this Act
for licensure as a
salesperson or broker, shall be valid for
3 years after the date of satisfactory completion of the education. (Source: P.A. 91‑245, eff. 12‑31‑99.)
(225 ILCS 454/5‑40) (Section scheduled to be repealed on January 1, 2010) Sec. 5‑40. Sponsor card; termination indicated by license endorsement;
association
with new broker. (a) The sponsoring broker shall prepare upon forms provided by OBRE and
deliver to each
licensee employed by or associated with the sponsoring broker a sponsor card
certifying that the
person whose name appears thereon is in fact employed by or associated with the
sponsoring
broker. The sponsoring broker shall send, by certified mail, return receipt
requested, or other delivery service
requiring a signature upon delivery,
a duplicate of each sponsor card,
along with a valid
license or other authorization as provided by rule and the appropriate fee, to
OBRE within 24 hours
of issuance of the sponsor card. It is a violation of this Act for any broker
to issue a sponsor card to
any licensee or applicant unless the licensee or applicant presents in hand a
valid license or other
authorization as provided by rule. (b) When a licensee terminates his or her employment or association with a
sponsoring broker
or the employment is terminated by the sponsoring broker, the licensee shall
obtain from the
sponsoring broker his or her license endorsed by the sponsoring broker
indicating the
termination. The
sponsoring broker shall surrender to OBRE a copy of the license of the
licensee within 2 days of
the termination or shall notify OBRE in writing of the termination and
explain why a copy of
the license is not surrendered. Failure of the sponsoring broker to surrender
the license shall
subject the sponsoring broker to discipline under Section 20‑20 of this Act.
The
license of any licensee
whose association with a sponsoring broker is terminated shall automatically
become inoperative
immediately upon the termination unless the licensee accepts employment or
becomes associated
with a new sponsoring broker pursuant to subsection (c) of this Section. (c) When a licensee accepts employment or association with a new sponsoring
broker, the new
sponsoring broker shall send, by certified mail, return receipt requested, or
other delivery service
requiring a signature upon delivery,
to OBRE a duplicate sponsor card, along with the
licensee's endorsed
license or an affidavit of the licensee of why the endorsed license is not
surrendered, and shall pay
the appropriate fee prescribed by rule to cover administrative expenses
attendant to the changes in
the registration of the licensee. (Source: P.A. 91‑245, eff. 12‑31‑99.)
(225 ILCS 454/5‑45) (Section scheduled to be repealed on January 1, 2010) Sec. 5‑45. Offices. (a) If a sponsoring broker maintains more than one office within the State,
the sponsoring
broker shall apply for a branch office license for each office other than the
sponsoring broker's
principal place of business. The branch office license shall be displayed
conspicuously in each
branch office. The name of each branch office shall be the same as that of the
sponsoring broker's
principal office or shall clearly delineate the branch office's relationship
with the principal office. (b) The sponsoring broker shall name a managing broker for each branch
office and the
sponsoring broker shall be responsible for supervising all managing brokers.
The sponsoring
broker shall notify OBRE in writing of the name of all managing brokers of the
sponsoring broker.
Any changes in managing brokers shall be reported to OBRE in writing within 15
days of the
change. Failure to do so shall subject the sponsoring broker to discipline
under
Section 20‑20 of this Act. (c) The sponsoring broker shall immediately notify OBRE in writing of any
opening, closing, or
change in location of any principal or branch office. (d) Except as provided in this Section, each sponsoring broker shall
maintain a definite office,
or place of business within this State for the transaction of real estate
business, shall conspicuously
display an identification sign on the outside of his or her office of adequate
size and visibility, and
shall conspicuously display his or her license in his or her office or place of
business and also the
licenses of all persons associated with or employed by the sponsoring broker
who primarily work at
that location. The office or place of business shall not be located in any
retail or financial business
establishment unless it is separated from the other business by a separate and
distinct area within
the establishment. A broker who is licensed in this State by examination or
pursuant to the
provisions of Section 5‑60 of this Act shall not be required to maintain a
definite office or place of
business in this State provided all of the following conditions are met: (1) the broker maintains an active broker's license
in the broker's state of domicile;
(2) the broker maintains an office in the broker's
state of domicile; and
(3) the broker has filed with OBRE written
statements appointing the Commissioner to act as the broker's agent upon whom all judicial and other process or legal notices directed to the licensee may be served and agreeing to abide by all of the provisions of this Act with respect to his or her real estate activities within the State of Illinois and submitting to the jurisdiction of OBRE.
The statements under subdivision (3) of this Section shall be in form and
substance the same as those
statements required
under Section 5‑60 of this Act and shall operate to the same extent. (e) Upon the loss of a managing broker who is not replaced by the sponsoring
broker or in the
event of the death or adjudicated disability of the sole proprietor of an
office, a written request for
authorization allowing the continued operation of the office may be submitted
to OBRE within 15
days of the loss. OBRE may issue a written authorization allowing the
continued operation,
provided that a licensed broker, or in the case of the death or adjudicated
disability of a sole
proprietor, the representative of the estate, assumes responsibility, in
writing, for the operation of
the office and agrees to personally supervise the operation of the office. No
such written
authorization shall be valid for more than 60 days unless extended by OBRE for
good cause shown
and upon written request by the broker or representative. (Source: P.A. 91‑245, eff. 12‑31‑99.)
(225 ILCS 454/5‑50) (Section scheduled to be repealed on January 1, 2010) Sec. 5‑50. Expiration date and renewal period of broker, salesperson, or
leasing agent license; sponsoring broker;
register of licensees; pocket card. (a) The expiration date and renewal period for each license issued under
this Act shall be set by
rule. Except as otherwise provided in Section 5‑55 of this Act, the holder of
a
license may renew
the license within 90 days preceding the expiration date thereof by paying the
fees specified by
rule. Upon written request from the sponsoring broker, OBRE shall prepare and
mail to the
sponsoring broker a listing of licensees under this Act who, according to the
records of OBRE, are
sponsored by that broker. Every licensee associated with or employed by a
broker whose license is
revoked, suspended, terminated, or expired shall be considered as inoperative
until such time as the
sponsoring broker's license is reinstated or renewed, or the licensee changes
employment as set
forth in subsection (c) of Section 5‑40 of this Act. (b) OBRE shall establish and maintain a register of all persons currently
licensed by the State
and shall issue and prescribe a form of pocket card. Upon payment by a
licensee of the appropriate
fee as prescribed by rule for engagement in the activity for which the licensee
is qualified and holds
a license for the current period, OBRE shall issue a pocket card to the
licensee. The pocket card
shall be verification that the required fee for the current period has been
paid and shall indicate that
the person named thereon is licensed for the current renewal period as a
broker, salesperson, or
leasing agent as the case may be. The pocket card shall further indicate that
the person named
thereon is authorized by OBRE to engage in the licensed activity appropriate
for his or her status
(broker, salesperson, or leasing agent). Each licensee shall carry on his or
her person his or her
pocket card or, if such pocket card has not yet been issued, a properly issued
sponsor card when
engaging in any licensed activity and shall display the same on demand. (c) Any person licensed as a broker shall be entitled at any renewal date to change his or her license status from broker to salesperson.
(Source: P.A. 93‑957, eff. 8‑19‑04.)
(225 ILCS 454/5‑55) (Section scheduled to be repealed on January 1, 2010) Sec. 5‑55. Expiration and renewal of broker or salesperson license. (a) Any broker or salesperson whose license under this Act has expired shall
be eligible to
renew the license for a period of 2 years following the expiration date,
provided the broker or
salesperson pays the fees as prescribed by rule. A broker or salesperson whose
license has been
expired for more than 2 years shall be required to meet the requirements for a
new license. (b) Notwithstanding any other provisions of this Act to the contrary, any
broker or salesperson
whose license under this Act has expired is eligible to renew the license
without paying any
lapsed renewal fees or reinstatement fee, provided that the license expired
while the broker or
salesperson was: (1) on active duty with the United States Army,
United States Navy, United States Marine Corps, United States Air Force, United States Coast Guard, or the State Militia called into the service or training of the United States;
(2) engaged in training or education under the
supervision of the United States prior to induction into military service; or
(3) serving as the Director of Real Estate in the
State of Illinois or as an employee of OBRE.
A broker or salesperson shall be eligible to renew a license under the
provisions of this Section for
a period of 2 years following the termination of the service, education, or
training, provided that
the termination was by other than dishonorable discharge and provided that the
licensee furnishes
OBRE an affidavit specifying that the broker or salesperson has been so engaged
and that the
service, education, or training has been so terminated. (Source: P.A. 91‑245, eff. 12‑31‑99.)
(225 ILCS 454/5‑60) (Section scheduled to be repealed on January 1, 2010) Sec. 5‑60. Broker licensed in another state; nonresident salesperson;
reciprocal agreements; agent
for service
of process. (a) A broker's license may be issued by OBRE to a broker licensed under the
laws of another
state of the United States, under the following conditions: (1) the broker holds a broker's license in his or
her state of domicile;
(2) the standards for that state for licensing as a
broker are substantially equivalent to or greater than the minimum standards in the State of Illinois;
(3) the broker has been actively practicing as a
broker in the broker's state of domicile for a period of not less than 2 years, immediately prior to the date of application;
(4) the broker furnishes OBRE with a statement under
seal of the proper licensing authority of the state in which the broker is licensed showing that the broker has an active broker's license, that the broker is in good standing, and that no complaints are pending against the broker in that state;
(5) the broker completes a course of education and
passes a test on Illinois specific real estate brokerage laws; and
(6) OBRE has a reciprocal agreement with that state
that includes the provisions of this Section.
(b) A nonresident salesperson employed by or associated with a nonresident
broker holding a
broker's license in this State pursuant to this Section may, in the discretion
of OBRE, be issued a
nonresident salesperson's license under the nonresident broker provided all of
the following
conditions are met: (1) the salesperson maintains an active license in
the state in which he or she is domiciled;
(2) the salesperson is domiciled in the same state
as the broker with whom he or she is associated;
(3) the salesperson completes a course of education
and passes a test on Illinois specific real estate brokerage laws; and
(4) OBRE has a reciprocal agreement with that state
that includes the provisions of this Section.
The nonresident broker with whom the
salesperson is
associated shall comply with the provisions of this Act and issue the
salesperson a sponsor card
upon the form provided by OBRE. (c) As a condition precedent to the issuance of a license to a nonresident
broker or salesperson,
the broker or salesperson shall agree in writing to abide by all the provisions
of this Act with
respect to his or her real estate activities within the State of Illinois and
submit to the jurisdiction of
OBRE as provided in this Act. The agreement shall be filed with OBRE and shall
remain in force
for so long as the nonresident broker or salesperson is licensed by this State
and thereafter with
respect to acts or omissions committed while licensed as a broker or
salesperson in this State. (d) Prior to the issuance of any license to any nonresident, verification of
active licensure issued
for the conduct of such business in any other state must be filed with OBRE by
the nonresident,
and the same fees must be paid as provided in this Act for the obtaining of a
broker's or
salesperson's license in this State. (e) Licenses previously granted under reciprocal agreements with other
states shall remain in
force so long as OBRE has a reciprocal agreement with the state that includes
the requirements of this Section, unless
that license is suspended, revoked, or terminated by OBRE for any reason
provided for
suspension, revocation, or
termination of a resident licensee's license. Licenses granted under
reciprocal agreements may be
renewed in the same manner as a resident's license. (f) Prior to the issuance of a license to a nonresident broker or
salesperson, the broker or
salesperson shall file with OBRE a designation in writing that appoints the
Commissioner to act as
his or her agent upon whom all judicial and other process or legal notices
directed to the broker or
salesperson may be served. Service upon the agent so designated shall be
equivalent to personal
service upon the licensee. Copies of the appointment, certified by the
Commissioner, shall be
deemed sufficient evidence thereof and shall be admitted in evidence with the
same force and effect
as the original thereof might be admitted. In the written designation, the
broker or salesperson
shall agree that any lawful process against the licensee that is served upon
the agent shall be of
the same legal force and validity as if served upon the licensee and that the
authority shall continue
in force so long as any liability remains outstanding in this State. Upon the
receipt of any process or notice, the Commissioner
shall forthwith mail a copy of the same by certified mail to the last known
business address of the
licensee. (g) Any person holding a valid license under this Section shall be eligible
to obtain a resident
broker's or salesperson's license without examination should that person change
their state of
domicile to Illinois and that person otherwise meets the qualifications or
licensure under this Act. (Source: P.A. 91‑245, eff. 12‑31‑99; 91‑702, eff. 5‑12‑00.)
(225 ILCS 454/5‑65) (Section scheduled to be repealed on January 1, 2010) Sec. 5‑65. Fees. OBRE shall provide by rule for fees to be paid by applicants and licensees to
cover the reasonable
costs of OBRE in administering and enforcing the provisions of this Act. OBRE
may also provide
by rule for general fees to cover the reasonable expenses of carrying out other
functions and
responsibilities under this Act. (Source: P.A. 91‑245, eff. 12‑31‑99.)
(225 ILCS 454/5‑70) (Section scheduled to be repealed on January 1, 2010) Sec. 5‑70. Continuing education requirement; broker or salesperson. (a) The requirements of this Section apply to all licensees. (b) Except as otherwise
provided in this Section, each
person who applies for renewal of his or her license as a real
estate broker or real
estate salesperson must successfully complete real estate continuing education
courses approved by
the Advisory Council at the rate of 6 hours per year or its equivalent. In addition, beginning with the pre‑renewal period for broker licensees that begins after the effective date of this amendatory Act of the 93rd General Assembly, to renew a real estate broker's license, the licensee must successfully complete a 6‑hour broker management continuing education course approved by OBRE. Successful completion of the course shall include achieving a passing score as provided by rule on a test developed and administered in accordance with rules adopted by the OBRE. Beginning on the first day of the pre‑renewal period for broker licensees that begins after the effective date of this amendatory Act of the 93rd General Assembly, the 6‑hour broker management continuing education course must be completed by all persons receiving their initial broker's license within 180 days after the date of initial licensure as a broker. No
license may be renewed
except upon the successful completion of the required courses or their
equivalent or upon a waiver
of those requirements for good cause shown as determined by the Commissioner
with the
recommendation of the Advisory Council.
The requirements of this Article are applicable to all brokers and salespersons
except those brokers
and salespersons who, during the pre‑renewal period: (1) serve in the armed services of the United States; (2) serve as an elected State or federal official; (3) serve as a full‑time employee of OBRE; or (4) are admitted to practice law pursuant to
Illinois Supreme Court rule.
(c) A person who is issued an initial license as a real estate salesperson
less than one year prior
to the expiration date of that license shall not be required to complete
continuing education as a
condition of license renewal. A person who is issued an initial license as a
real estate broker less
than one year prior to the expiration date of that license and who has not been
licensed as a real estate
salesperson during the pre‑renewal period shall not be required to complete
continuing education as
a condition of license renewal. A
person receiving an initial license as a real estate broker
during the 90 days before the broker renewal date shall not be
required to complete the broker management continuing
education course provided for in subsection (b) of this
Section as a condition of initial license renewal.
(d) The continuing education requirement for salespersons and brokers shall
consist of a core
curriculum and an elective curriculum, to be established by the Advisory
Council. In meeting the
continuing education requirements of this Act, at least 3 hours per year or
their equivalent shall
be required to be completed in the core curriculum.
In establishing the core curriculum, the Advisory Council shall consider
subjects that will
educate licensees on recent changes in applicable laws and new laws and refresh
the licensee on areas
of the license law and OBRE policy that the Advisory Council deems appropriate,
and any other
areas that the Advisory Council deems timely and applicable in order to prevent
violations of this Act
and to protect the public.
In establishing the elective curriculum, the Advisory Council shall consider
subjects that cover
the various aspects of the practice of real estate that are covered under the
scope of this Act.
However, the elective curriculum shall not include any offerings referred to in
Section 5‑85 of this Act. (e) The subject areas of continuing education courses approved by the
Advisory Council may
include without limitation the following: (1) license law and escrow; (2) antitrust; (3) fair housing; (4) agency; (5) appraisal; (6) property management; (7) residential brokerage; (8) farm property management; (9) rights and duties of sellers, buyers, and
brokers;
(10) commercial brokerage and leasing; and (11) real estate financing. (f) In lieu of credit for those courses listed in subsection (e) of this
Section, credit may be
earned for serving as a licensed instructor in an approved course of continuing
education. The
amount of credit earned for teaching a course shall be the amount of continuing
education credit for
which the course is approved for licensees taking the course. (g) Credit hours may be earned for self‑study programs approved by the
Advisory Council. (h) A broker or salesperson may earn credit for a specific continuing
education course only
once during the prerenewal period. (i) No more than 6 hours of continuing education credit may be earned in one
calendar day. (j) To promote the offering of a uniform and consistent course content, the OBRE may provide for the development of a single broker management course to be offered by all continuing education providers who choose to offer the broker management continuing education course. The OBRE may contract for the development of the 6‑hour broker management continuing education course with an outside vendor and, if the course is developed in this manner, the OBRE shall license the use of that course to all approved continuing education providers who wish to provide the course.
(Source: P.A. 93‑957, eff. 8‑19‑04.)
(225 ILCS 454/5‑75) (Section scheduled to be repealed on January 1, 2010) Sec. 5‑75. Out‑of‑state continuing education credit. If a renewal applicant has earned continuing education hours in another state
or territory for which
he or she is claiming credit toward full compliance in Illinois, the Advisory
Council shall review,
approve, or disapprove those hours based upon whether the course is one that
would be approved
under Section 5‑70 of this Act, whether the course meets the basic requirements
for
continuing education under
this Act, and any other criteria that is provided by statute or rule. (Source: P.A. 91‑245, eff. 12‑31‑99.)
(225 ILCS 454/5‑80) (Section scheduled to be repealed on January 1, 2010) Sec. 5‑80. Evidence of compliance with continuing education requirements. (a) Each renewal applicant shall certify, on his or her renewal application,
full compliance with
continuing education requirements set forth in Section 5‑70. The continuing
education school shall
retain and submit to OBRE after the completion of each course evidence of those
successfully
completing the course as provided by rule. (b) OBRE may require additional evidence demonstrating compliance with the
continuing
education requirements. The renewal applicant shall retain and produce the
evidence of
compliance upon request of OBRE. (Source: P.A. 91‑245, eff. 12‑31‑99.)
(225 ILCS 454/5‑85) (Section scheduled to be repealed on January 1, 2010) Sec. 5‑85. Offerings not meeting continuing education requirements. The following offerings do not meet the continuing education requirements: (1) Examination preparation offerings, except as
provided in Section 5‑70 of this Act.
(2) Offerings in mechanical office and business
skills such as typing, speed reading, memory improvement, advertising, or psychology of sales.
(3) Sales promotion or other meetings held in
conjunction with the general business of the attendee or his or her employer.
(4) Meetings that are a normal part of in‑house
staff or employee training.
The offerings listed in this Section do not limit the Advisory Council's
authority to
disapprove any course
that fails to meet the standards of this Article 5 or rules adopted by OBRE. (Source: P.A. 91‑245, eff. 12‑31‑99.)
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