(225 ILCS 454/Art. 5 heading)
ARTICLE 5.
LICENSING AND EDUCATION
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(225 ILCS 454/5-5)
(Section scheduled to be repealed on January 1, 2020)
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) The Department, by rule 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 the Department 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. The Department may adopt rules to ensure that the provisions of
this subsection are
not used in a manner that enables an unlicensed person to repeatedly or
continually engage in
activities for which a license is required under this Act.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/5-6)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-6. Social Security Number or Tax Identification Number on license application. In addition to any other information required to be contained in the application, every application for an original license under this Act shall include the applicant's Social Security Number or Tax Identification Number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license.
Every application for a renewal or restored license shall require the applicant's customer identification number.
(Source: P.A. 96-856, eff. 12-31-09; 97-400, eff. 1-1-12.)
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(225 ILCS 454/5-7)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-7. Application for leasing agent license. Every person who desires to obtain a leasing agent license shall apply to the Department in writing on forms provided by the Department which application shall be accompanied by the required non-refundable fee. Any such application shall require such information as in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for licensure.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/5-10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-10. Requirements for license as leasing agent.
(a) Every applicant for licensure as a leasing agent must meet the following qualifications:
(1) be at least 18 years of age;
(2) be of good moral
character;
(3) successfully complete a 4-year course of study
| | in a high school or secondary school or an equivalent course of study approved by the Illinois State Board of Education;
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| (4) personally take and pass a written examination
| | authorized by the Department 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;
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| (5) provide satisfactory evidence of having completed
| | 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;
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| (6) complete any other requirements as set forth by
| | (7) present a valid application for issuance of an
| | initial license accompanied by a sponsor card and the fees specified by rule.
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| (b) 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 after the date of issuance unless extended for good cause as provided by rule.
(c) 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 may
recommend through the
Board to the Department and the Department may adopt requirements for approved courses, course
content, and the
approval of courses, instructors, and schools, as well as school and instructor
fees. The Department may
establish continuing education requirements for licensed leasing agents, by
rule, with the advice of
the Advisory Council and Board.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/5-15)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-15.
Necessity of managing broker, 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 managing broker, 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 the Department, either directly or through its authorized designee.
(b) No corporation shall be granted a license or engage in the business or
capacity, either
directly or indirectly, of a 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 managing broker or broker
and unless every employee who acts as a salesperson, or leasing agent for the
corporation holds a
license as a 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 managing broker or broker and unless every employee who acts as a
salesperson or
leasing agent for the partnership holds a license as a 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 managing broker or broker and every employee who acts as a
salesperson or leasing
agent must hold a license as a 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 broker unless
every manager in
the limited liability company or every member in a member managed limited liability company holds a license as a managing broker or broker and
unless every other member and employee who
acts as a salesperson or leasing agent for the limited liability company holds
a license as a 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. 96-856, eff. 12-31-09.)
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(225 ILCS 454/5-20)
(Section scheduled to be repealed on January 1, 2020)
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.
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(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.
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(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.
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(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.
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(5) Any officer or employee of a federal agency in
| | the conduct of official duties.
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(6) Any officer or employee of the State government
| | or any political subdivision thereof performing official duties.
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(7) Any multiple listing service or other similar
| | information exchange that is engaged in the collection and dissemination of information concerning real estate available for sale, purchase, lease, or exchange for the purpose of providing licensees with a system by which licensees may cooperatively share information along with which no other licensed activities, as defined in Section 1-10 of this Act, are provided.
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(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.
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(9) Any medium of advertising in the routine course
| | of selling or publishing advertising along with which no other licensed activities, as defined in Section 1-10 of this Act, are provided.
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(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 $1,500 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.
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(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.
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(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.
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(13) Any person who is licensed without examination
| | under Section 10-25 (now repealed) 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:
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(A) that person has made application for said
| | exemption by July 1, 2000;
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(B) that person verifies to the Department that
| | he or she has sold real estate at auction for a period of 5 years prior to licensure as an auctioneer;
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(C) the person has had no lapse in his or her
| | license as an auctioneer; and
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(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.
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(14) A person who holds a valid license under the
| | Auction License Act and a valid real estate auction certification and conducts auctions for the sale of real estate under Section 5-32 of this Act.
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| (15) 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.
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(Source: P.A. 98-553, eff. 1-1-14.)
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(225 ILCS 454/5-25)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-25. Good moral character.
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 or enters a plea of guilty or nolo contendere to forgery, embezzlement, obtaining money under
false pretenses,
larceny, extortion, conspiracy to defraud, or any other similar offense or
offenses or has been
convicted of a felony involving moral turpitude in any court of competent
jurisdiction in this or any
other state, district, or territory of the United States or of a foreign
country, the Board may consider
the prior revocation, conduct, or conviction in its determination of the
applicant's moral character
and whether to grant the applicant a license. 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.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/5-26)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-26. Requirements for license as a salesperson.
(a) Every applicant for licensure as a salesperson must meet the following qualifications:
(1) Be at least 21 years of age. 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 the Department;
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| (2) Be of good moral character;
(3) Successfully complete 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, which shall be verified under oath by the applicant;
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| (4) Provide satisfactory evidence of having completed
| | at least 45 hours of instruction in real estate courses approved by the Advisory Council, except applicants who are currently admitted to practice law by the Supreme Court of Illinois and are currently in active standing;
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| (5) Personally take and pass a written examination
| | authorized by the Department; and
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| (6) Present a valid application for issuance of a
| | license accompanied by a sponsor card and the fees specified by rule.
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| (b) No applicant shall engage in any of the activities covered by this Act until a valid sponsor card has been issued to the applicant. The sponsor card shall be valid for a maximum period of 45 days after the date of issuance unless extended for good cause as provided by rule.
(c) All licenses should be readily available to the public at their sponsoring place of business.
(d) No new salesperson licenses shall be issued after April 30, 2011 and all existing salesperson licenses shall terminate on May 1, 2012.
(Source: P.A. 96-856, eff. 12-31-09; 97-333, eff. 8-12-11.)
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(225 ILCS 454/5-27)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-27. Requirements for licensure as a broker.
(a) Every applicant for licensure as a broker must meet the following qualifications:
(1) Be at least 21 years of age. After April 30,
| | 2011, the minimum age of 21 years shall be waived for any person seeking a license as a broker 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 the Department;
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| (2) Be of good moral character;
(3) Successfully complete 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 which shall be verified under oath by the applicant;
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| (4) Prior to May 1, 2011, provide (i) 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;
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| (5) After April 30, 2011, provide satisfactory
| | evidence of having completed 90 hours of instruction in real estate courses approved by the Advisory Council, 15 hours of which must consist of situational and case studies presented in the classroom or by other interactive delivery method between the instructor and the students;
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| (6) Personally take and pass a written examination
| | authorized by the Department;
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| (7) Present a valid application for issuance of a
| | license accompanied by a sponsor card and the fees specified by rule.
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| (b) The requirements specified in items (4) and (5) of subsection (a) of this Section do not apply to applicants who are currently admitted to practice law by the Supreme Court of Illinois and are currently in active standing.
(c) No applicant shall engage in any of the activities covered by this Act until a valid sponsor card has been issued to such applicant. The sponsor card shall be valid for a maximum period of 45 days after the date of issuance unless extended for good cause as provided by rule.
(d) All licenses should be readily available to the public at their place of business.
(e) An individual holding an active license as a managing broker may return the license to the Department along with a form provided by the Department and shall be issued a broker's license in exchange. Any individual obtaining a broker's license under this subsection (e) shall be considered as having obtained a broker's license by education and passing the required test and shall be treated as such in determining compliance with this Act.
(Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15 .)
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(225 ILCS 454/5-28)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-28. Requirements for licensure as a managing broker.
(a) Effective May 1, 2012, every applicant for licensure as a managing broker must meet the following qualifications:
(1) be at least 21 years of age;
(2) be of good moral character;
(3) have been licensed at least 2 out of the
| | preceding 3 years as a real estate broker or salesperson;
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| (4) successfully complete a 4-year course of study in
| | 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, which shall be verified under oath by the applicant;
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| (5) provide satisfactory evidence of having completed
| | at least 165 hours, 120 of which shall be those hours required pre and post-licensure to obtain a broker's license, and 45 additional hours completed within the year immediately preceding the filing of an application for a managing broker's license, which hours shall focus on brokerage administration and management and include at least 15 hours in the classroom or by other interactive delivery method between the instructor and the students;
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| (6) personally take and pass a written examination
| | authorized by the Department; and
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| (7) present a valid application for issuance of a
| | license accompanied by a sponsor card, an appointment as a managing broker, and the fees specified by rule.
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| (b) The requirements specified in item (5) of subsection (a) of this Section do not apply to applicants who are currently admitted to practice law by the Supreme Court of Illinois and are currently in active standing.
(c) No applicant shall act as a managing broker for more than 90 days after an appointment as a managing broker has been filed with the Department without obtaining a managing broker's license.
(Source: P.A. 98-531, eff. 8-23-13.)
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(225 ILCS 454/5-30)
Sec. 5-30. (Repealed).
(Source: P.A. 93-957, eff. 8-19-04. Repealed by P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/5-32)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-32. Real estate auction certification.
(a) An auctioneer licensed under the Auction License Act who does not possess a valid and active broker's or managing broker's license under this Act, or who is not otherwise exempt from licensure, may not engage in the practice of auctioning real estate, except as provided in this Section.
(b) The Department shall issue a real estate auction certification to applicants who:
(1) possess a valid auctioneer's license under the
| | (2) successfully complete a real estate auction
| | course of at least 30 hours approved by the Department, which shall cover the scope of activities that may be engaged in by a person holding a real estate auction certification and the activities for which a person must hold a real estate license, as well as other material as provided by the Department;
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| (3) provide documentation of the completion of the
| | real estate auction course; and
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| (4) successfully complete any other reasonable
| | requirements as provided by rule.
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| (c) The auctioneer's role shall be limited to establishing the time, place, and method of the real estate auction, placing advertisements regarding the auction, and crying or calling the auction; any other real estate brokerage activities must be performed by a person holding a valid and active real estate broker's or managing broker's license under the provisions of this Act or by a person who is exempt from holding a license under paragraph (13) of Section 5-20 who has a certificate under this Section.
(d) An auctioneer who conducts any real estate auction activities in violation of this Section is guilty of unlicensed practice under Section 20-10 of this Act.
(e) The Department may revoke, suspend, or otherwise discipline the real estate auction certification of an auctioneer who is adjudicated to be in violation of the provisions of this Section or Section 20-15 of the Auction License Act.
(f) Advertising for the real estate auction must contain the name and address of the licensed real estate broker, managing broker, or a licensed auctioneer under paragraph (13) of Section 5-20 of this Act who is providing brokerage services for the transaction.
(g) The requirement to hold a real estate auction certification shall not apply to a person exempt from this Act under the provisions of paragraph (13) of Section 5-20 of this Act, unless that person is performing licensed activities in a transaction in which a licensed auctioneer with a real estate certification is providing the limited services provided for in subsection (c) of this Section.
(h) Nothing in this Section shall require a person licensed under this Act as a real estate broker or managing broker to obtain a real estate auction certification in order to auction real estate.
(i) The Department may adopt rules to implement this Section.
(Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14.)
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(225 ILCS 454/5-35)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-35. Examination; managing broker, broker, salesperson, or leasing agent.
(a) The Department shall authorize examinations at such
times and places as it may designate. The examination shall be of a character to give a fair test of the qualifications of the applicant to practice as a managing broker, broker, salesperson, or leasing agent. Applicants for examination as a managing broker, broker, salesperson, or leasing agent shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
An applicant shall be eligible to take the
examination only after
successfully completing the education requirements
and
attaining the
minimum age provided for in Article 5 of this Act. 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 4 times, the applicant must
repeat the pre-license
education required to sit for the examination. For the purposes of this
Section, the fifth 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 4
years after the date of satisfactory completion of the education.
(d) The Department may employ consultants for the purposes of preparing and conducting examinations.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/5-40)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-40. Sponsor card; termination indicated by license endorsement;
association
with new broker.
(a) The sponsoring broker shall prepare upon forms provided by the Department 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
a duplicate of each sponsor card,
along with a valid
license or other authorization as provided by rule and the appropriate fee, to the Department
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 the Department a copy of the license of the
licensee within 2 days of
the termination or shall notify the Department 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 to the Department 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. 96-856, eff. 12-31-09.)
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(225 ILCS 454/5-41)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-41. Change of address. A licensee shall notify the Department of the address or addresses, and of every change of address, where the licensee practices as a leasing agent, salesperson, broker or managing broker.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/5-45)
(Section scheduled to be repealed on January 1, 2020)
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 the Department in writing of the name of all managing brokers of the
sponsoring broker and the office or offices they manage. Any person initially named as a managing broker after April 30, 2011 must either (i) be licensed as a managing broker or (ii) meet all the requirements to be licensed as a managing broker except the required education and examination and secure the managing broker's license within 90 days of being named as a managing broker.
Any changes in managing brokers shall be reported to the Department 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 the Department 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. 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;
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(2) the broker maintains an office in the broker's
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(3) the broker has filed with the Department written
| | statements appointing the Secretary 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 the Department.
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The statements under subdivision (3) of this Section shall be in form and
substance the same as those
statements required
under Section 5-60 of this Act and shall operate to the same extent.
(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 the Department within 15
days of the loss. The Department 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 the Department for
good cause shown
and upon written request by the broker or representative.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/5-46)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-46. Transition from salesperson's license to broker's license.
(a) No new salesperson licenses shall be issued by the Department after April 30, 2011 and existing salesperson licenses shall end as of 11:59 p.m. on April 30, 2012. The following transition rules shall apply to individuals holding a salesperson's license as of April 30, 2011 and seeking to obtain a broker's license. The individual must:
(1) provide evidence of having completed 30 hours of
| | post-license education in courses approved by the Advisory Council and having passed a written examination approved by the Department and administered by a licensed pre-license school; or
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| (2) provide evidence of passing a Department-approved
| | proficiency examination administered by a licensed pre-license school, which proficiency examination may only be taken one time by any one individual salesperson; and
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| (3) present a valid application for a broker's
| | license no later than April 30, 2012 accompanied by a sponsor card and the fees specified by rule.
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| (b) The education requirements specified in clause (1) of subsection (a) of this Section do not apply to applicants who are currently admitted to practice law by the Supreme Court of Illinois and are currently in active standing.
(c) No applicant may 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 after the date of issuance unless extended for good cause as provided by rule.
(Source: P.A. 96-856, eff. 12-31-09; 97-333, eff. 8-12-11.)
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(225 ILCS 454/5-47)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-47. Transition to managing broker's license.
(a) A new license for managing brokers is created effective May 1, 2011. The following transition rules shall apply for those brokers listed as managing brokers with the Department as of April 30, 2011. Those individuals licensed as brokers and listed as managing brokers with the Department as of April 30, 2011 must meet the following qualifications to obtain a managing broker's license:
(1) provide evidence of having completed the 45 hours
| | of broker management education approved by the Advisory Council and having passed a written examination approved by the Department and administered by a licensed pre-license school; or
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| (2) provide evidence of passing a Department-approved
| | proficiency examination administered by a licensed pre-license school, which proficiency examination may only be taken one time by any one individual broker; and
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| (3) present a valid application for a managing
| | broker's license no later than April 30, 2012 accompanied by a sponsor card and the fees specified by rule.
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| (b) The education requirements specified in item (1) of subsection (a) of this Section do not apply to applicants who are currently admitted to practice law by the Supreme Court of Illinois and are currently in active standing.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/5-50)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-50. Expiration and renewal of managing broker, 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 that the first renewal period ending after the effective date of this Act for those licensed as a salesperson shall be extended through April 30, 2012. Except as otherwise provided in this Section, the holder of
a
license may renew
the license within 90 days preceding the expiration date thereof by completing the continuing education required by this Act and paying the
fees specified by
rule.
(b) An individual whose first license is that of a broker received after April 30, 2011, must provide evidence of having completed 30 hours of post-license education in courses approved by the Advisory Council, 15 hours of which must consist of situational and case studies presented in the classroom or by other interactive delivery method between the instructor and the students, and personally take and pass an examination approved by the Department prior to the first renewal of their broker's license.
(c) Any salesperson until April 30, 2011 or any managing broker, broker, or leasing agent whose license under this Act has expired shall be eligible to renew the license during the 2-year period following the expiration date, provided the managing broker, broker, salesperson, or leasing agent pays the fees as prescribed by rule and completes continuing education and other requirements provided for by the Act or by rule. Beginning on May 1, 2012, a managing broker licensee, broker, or leasing agent whose license has been expired for more than 2 years but less than 5 years may have it restored by (i) applying to the Department, (ii) paying the required fee, (iii) completing the continuing education requirements for the most recent pre-renewal period that ended prior to the date of the application for reinstatement, and (iv) filing acceptable proof of fitness to have his or her license restored, as set by rule. A managing broker, broker, or leasing agent whose license has been expired for more than 5 years shall be required to meet the requirements for a new license.
(d) Notwithstanding any other provisions of this Act to the contrary, any managing broker, broker, salesperson, or leasing agent whose license expired while he or she was (i) on active duty with the Armed Forces of the United States or called into service or training by the state militia, (ii) engaged in training or education under the supervision of the United States preliminary to induction into military service, or (iii) serving as the Coordinator of Real Estate in the State of Illinois or as an employee of the Department may have his or her license renewed, reinstated or restored without paying any lapsed renewal fees if within 2 years after the termination of the service, training or education by furnishing the Department with satisfactory evidence of service, training, or education and it has been terminated under honorable conditions.
(e) The Department 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, the
Department 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
managing broker, broker, salesperson, or leasing agent as the
case may be. The pocket card shall further indicate that the
person named thereon is authorized by the Department to
engage in the licensed activity appropriate for his or her
status (managing broker, 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.
(f) The Department shall provide to the sponsoring broker a notice of renewal for all sponsored licensees by mailing the notice to the sponsoring broker's address of record, or, at the Department's discretion, by an electronic means as provided for by rule.
(g) Upon request from the sponsoring broker, the Department shall make available to the sponsoring broker, either by mail or by an electronic means at the discretion of the Department, a listing of licensees under this Act who, according to the records of the Department, are sponsored by that broker. Every licensee associated with or employed by a broker whose license is revoked, suspended, 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.
(Source: P.A. 98-531, eff. 8-23-13.)
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(225 ILCS 454/5-55)
Sec. 5-55. (Repealed).
(Source: P.A. 91-245, eff. 12-31-99. Repealed by P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/5-60)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-60. Managing broker licensed in another state; broker licensed in another state; salesperson licensed in another state;
reciprocal agreements; agent
for service
of process.
(a) Effective May 1, 2011, a managing broker's license may be issued by the Department to a managing broker or its equivalent licensed under the laws of another state of the United States, under the following conditions:
(1) the managing broker holds a managing broker's
| | license in a state that has entered into a reciprocal agreement with the Department;
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| (2) the standards for that state for licensing as a
| | managing broker are substantially equal to or greater than the minimum standards in the State of Illinois;
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| (3) the managing broker has been actively practicing
| | as a managing broker in the managing broker's state of licensure for a period of not less than 2 years, immediately prior to the date of application;
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| (4) the managing broker furnishes the Department with
| | a statement under seal of the proper licensing authority of the state in which the managing broker is licensed showing that the managing broker has an active managing broker's license, that the managing broker is in good standing, and that no complaints are pending against the managing broker in that state;
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| (5) the managing broker passes a test on Illinois
| | specific real estate brokerage laws; and
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| (6) the managing broker was licensed by an
| | examination in the state that has entered into a reciprocal agreement with the Department.
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| (b) A broker's license may be issued by the Department to a broker or its equivalent licensed under the
laws of another
state of the United States, under the following conditions:
(1) the broker holds a broker's license in a state
| | that has entered into a reciprocal agreement with the Department;
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|
(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;
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(3) if the application is made prior to May 1, 2012,
| | then the broker has been actively practicing as a broker in the broker's state of licensure for a period of not less than 2 years, immediately prior to the date of application;
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(4) the broker furnishes the Department 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;
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(5) the broker passes a test on Illinois specific
| | real estate brokerage laws; and
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(6) the broker was licensed by an examination in a
| | state that has entered into a reciprocal agreement with the Department.
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(c) Prior to May 1, 2011, a salesperson may, in the discretion
of the Department, be issued a
salesperson's license provided all of
the following
conditions are met:
(1) the salesperson maintains an active license in
| | the state that has entered into a reciprocal agreement with the Department;
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(2) the salesperson passes a test on Illinois
| | specific real estate brokerage laws; and
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(3) the salesperson was licensed by an examination in
| | the state that has entered into a reciprocal agreement with the Department.
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The 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 the Department.
(d) As a condition precedent to the issuance of a license to a managing broker,
broker, or salesperson pursuant to this Section,
the managing 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 the Department
as provided in this Act. The agreement shall be filed with the Department and shall
remain in force
for so long as the managing broker, 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.
(e) Prior to the issuance of any license to any managing broker, broker, or salesperson licensed pursuant to this Section, verification of
active licensure issued
for the conduct of such business in any other state must be filed with the Department by
the managing broker, broker, or salesperson,
and the same fees must be paid as provided in this Act for the obtaining of a
managing broker's, broker's or
salesperson's license in this State.
(f) Licenses previously granted under reciprocal agreements with other
states shall remain in
force so long as the Department has a reciprocal agreement with the state that includes
the requirements of this Section, unless
that license is suspended, revoked, or terminated by the Department for any reason
provided for
suspension, revocation, or
termination of a resident licensee's license. Licenses granted under
reciprocal agreements may be
renewed in the same manner as a resident's license.
(g) Prior to the issuance of a license to a nonresident managing broker, broker or
salesperson, the managing broker, broker or
salesperson shall file with the Department a designation in writing that appoints the Secretary
to act as
his or her agent upon whom all judicial and other process or legal notices
directed to the managing broker, 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 Secretary, shall be
deemed sufficient evidence thereof and shall be admitted in evidence with the
same force and effect
as the original thereof might be admitted. In the written designation, the managing broker,
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 Secretary
shall forthwith mail a copy of the same by certified mail to the last known
business address of the
licensee.
(h) Any person holding a valid license under this Section shall be eligible
to obtain a resident managing broker's license, a
broker's license, or, prior to May 1, 2011, a salesperson's license without examination should that person change
their state of
domicile to Illinois and that person otherwise meets the qualifications for
licensure under this Act.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/5-65)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-65. Fees. The Department shall provide by rule for fees to be paid by applicants and licensees to
cover the reasonable
costs of the Department in administering and enforcing the provisions of this Act. The Department
may also provide
by rule for general fees to cover the reasonable expenses of carrying out other
functions and
responsibilities under this Act.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/5-70)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-70. Continuing education requirement; managing broker, broker, or salesperson.
(a) The requirements of this Section apply to all managing brokers, brokers, and salespersons.
(b) Except as otherwise
provided in this Section, each
person who applies for renewal of his or her license as a managing broker, real
estate broker, or real
estate salesperson must successfully complete 6 hours of real estate continuing education
courses approved by
the Advisory Council for each year of the pre-renewal period. Broker licensees must successfully complete a 6-hour broker management continuing education course approved by the Department for the pre-renewal period ending April 30, 2010. In addition, beginning with the pre-renewal period for managing broker licensees that begins after the effective date of this Act, those licensees renewing or obtaining a managing broker's license must successfully complete a 12-hour broker management continuing education course approved by the Department each pre-renewal period. The broker management continuing education course must be completed in the classroom or by other interactive delivery method between the instructor and the students. 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 Department. No
license may be renewed
except upon the successful completion of the required courses or their
equivalent or upon a waiver
of those requirements for good cause shown as determined by the Secretary
with the
recommendation of the Advisory Council.
The requirements of this Article are applicable to all managing brokers, 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 the Department;
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(4) are admitted to practice law pursuant to Illinois
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(c) A person licensed as a salesperson as of April 30, 2011 shall not be required to complete the 18 hours of continuing education for the pre-renewal period ending April 30, 2012 if that person takes the 30-hour post-licensing course to obtain a broker's license. A person licensed as a broker as of April 30, 2011 shall not be required to complete the 12 hours of broker management continuing education for the pre-renewal period ending April 30, 2012, unless that person passes the proficiency exam provided for in Section 5-47 of this Act to qualify for a managing broker's license.
(d) A
person receiving an initial license
during the 90 days before the renewal date shall not be
required to complete the continuing
education courses provided for in subsection (b) of this
Section as a condition of initial license renewal.
(e) The continuing education requirement for salespersons, brokers and managing 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, 6 hours for each two-year pre-renewal period, 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 the Department 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.
(f) 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.
(g) In lieu of credit for those courses listed in subsection (f) of this
Section, credit may be
earned for serving as a licensed instructor in an approved course of continuing
education. The
amount of credit earned for teaching a course shall be the amount of continuing
education credit for
which the course is approved for licensees taking the course.
(h) Credit hours may be earned for self-study programs approved by the
Advisory Council.
(i) A broker or salesperson may earn credit for a specific continuing
education course only
once during the prerenewal period.
(j) No more than 6 hours of continuing education credit may be taken or earned in one
calendar day.
(k) To promote the offering of a uniform and consistent course content, the Department may provide for the development of a single broker management course to be offered by all continuing education providers who choose to offer the broker management continuing education course. The Department may contract for the development of the 12-hour broker management continuing education course with an outside vendor or consultant and, if the course is developed in this manner, the Department or the outside consultant shall license the use of that course to all approved continuing education providers who wish to provide the course.
(l) Except as specifically provided in this Act, continuing education credit hours may not be earned for completion of pre or post-license courses. The approved 30-hour post-license course for broker licensees shall satisfy the continuing education requirement for the pre-renewal period in which the course is taken. The approved 45-hour brokerage administration and management course shall satisfy the 12-hour broker management continuing education requirement for the pre-renewal period in which the course is taken.
(Source: P.A. 97-1002, eff. 8-17-12; 98-531, eff. 8-23-13.)
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(225 ILCS 454/5-75)
(Section scheduled to be repealed on January 1, 2020)
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 .)
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(225 ILCS 454/5-80)
(Section scheduled to be repealed on January 1, 2020)
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 the Department after the completion of each course evidence of those
successfully
completing the course as provided by rule.
(b) The Department may require additional evidence demonstrating compliance with the
continuing
education requirements. The renewal applicant shall retain and produce the
evidence of
compliance upon request of the Department.
(Source: P.A. 96-856, eff. 12-31-09.)
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(225 ILCS 454/5-85)
(Section scheduled to be repealed on January 1, 2020)
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.
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(2) Offerings in mechanical office and business
| | skills such as typing, speed reading, memory improvement, advertising, or psychology of sales.
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(3) Sales promotion or other meetings held in
| | conjunction with the general business of the attendee or his or her employer.
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|
(4) Meetings that are a normal part of in-house staff
| |
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 the Department.
(Source: P.A. 96-856, eff. 12-31-09.)
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