Public Act 098-0531
 
SB1655 EnrolledLRB098 06406 DRJ 40611 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
    Section 5. The Real Estate License Act of 2000 is amended  
by changing Sections 1-10, 5-27, 5-28, 5-50, 5-70, and 10-25 as 
follows:
 



    (225 ILCS 454/1-10)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 1-10. Definitions. In this Act, unless the context 
otherwise requires:

    "Act" means the Real Estate License Act of 2000.

    "Address of Record" means the designated address recorded 
by the Department in the applicant's or licensee's application 
file or license file as maintained by the Department's 
licensure maintenance unit.  It is the duty of the applicant or 
licensee to inform the Department of any change of address, and 
those changes must be made either through the Department's 
website or by contacting the Department. 
    "Advisory Council" means the Real Estate Education 
Advisory Council created
under Section 30-10 of this Act.

    "Agency" means a relationship in which a real estate broker 
or licensee,
whether directly or through an affiliated 
licensee, represents a consumer by
the consumer's consent, 
whether express or implied, in a real property
transaction.

    "Applicant" means any person, as defined in this Section, 
who applies to
the Department for a valid license as a real 
estate broker, real estate salesperson, or
leasing agent.

    "Blind advertisement" means any real estate advertisement 
that does not
include the sponsoring broker's business name and 
that is used by any licensee
regarding the sale or lease of 
real estate, including his or her own, licensed
activities, or 
the hiring of any licensee under this Act.  The broker's

business name in the case of a franchise shall include the 
franchise
affiliation as well as the name of the individual 
firm.

    "Board" means the Real Estate Administration and 
Disciplinary Board of the Department as created by Section 
25-10 of this Act.

    "Branch office" means a sponsoring broker's office other 
than the sponsoring
broker's principal office.

    "Broker" means an individual, partnership, limited 
liability company,
corporation, or registered limited 
liability partnership other than a real
estate salesperson or 
leasing agent who, whether in person or through any media or 
technology, for another and for compensation, or
with the 
intention or expectation of receiving compensation, either

directly or indirectly:


        (1) Sells, exchanges, purchases, rents, or leases real 
    estate.


        (2) Offers to sell, exchange, purchase, rent, or lease 
    real estate.


        (3) Negotiates, offers, attempts, or agrees to 
    negotiate the sale,
exchange, purchase, rental, or leasing 
    of real estate.


        (4) Lists, offers, attempts, or agrees to list real 
    estate for sale,
lease, or exchange.


        (5) Buys, sells, offers to buy or sell, or otherwise 
    deals in options on
real estate or improvements thereon.


        (6) Supervises the collection, offer, attempt, or 
    agreement
to collect rent for the use of real estate.


        (7) Advertises or represents himself or herself as 
    being engaged in the
business of buying, selling, 
    exchanging, renting, or leasing real estate.


        (8) Assists or directs in procuring or referring of 
    leads or prospects, intended to
result in the sale, 
    exchange, lease, or rental of real estate.


        (9) Assists or directs in the negotiation of any 
    transaction intended to
result in the sale, exchange, 
    lease, or rental of real estate.


        (10) Opens real estate to the public for marketing 
    purposes.


        (11) Sells, leases, or offers for sale or lease real 
    estate at
auction.

    "Brokerage agreement" means a written or oral agreement 
between a sponsoring
broker and a consumer for licensed 
activities to be provided to a consumer in
return for 
compensation or the right to receive compensation from another.

Brokerage agreements may constitute either a bilateral or a 
unilateral
agreement between the broker and the broker's client 
depending upon the content
of the brokerage agreement.  All 
exclusive brokerage agreements shall be in
writing.

    "Client" means a person who is being represented by a 
licensee.


    "Compensation" means the valuable consideration given by 
one person or entity
to another person or entity in exchange 
for the performance of some activity or
service.  Compensation 
shall include the transfer of valuable consideration,

including without limitation the following:


        (1) commissions;


        (2) referral fees;


        (3) bonuses;


        (4) prizes;


        (5) merchandise;


        (6) finder fees;


        (7) performance of services;


        (8) coupons or gift certificates;


        (9) discounts;


        (10) rebates;


        (11) a chance to win a raffle, drawing, lottery, or 
    similar game of chance
not prohibited by any other law or 
    statute;


        (12) retainer fee; or


        (13) salary.

    "Confidential information" means information obtained by a 
licensee from a
client during the term of a brokerage agreement 
that (i) was made confidential
by the written request or 
written instruction of the client, (ii) deals with
the 
negotiating position of the client, or (iii) is information the 
disclosure
of which could materially harm the negotiating 
position of the client, unless
at any time:


        (1) the client permits the disclosure of information 
    given by that client
by word or conduct;


        (2) the disclosure is required by law; or


        (3) the information becomes public from a source other 
    than the licensee.

    "Confidential information" shall not be considered to 
include material
information about the physical condition of 
the property.

    "Consumer" means a person or entity seeking or receiving 
licensed
activities.

    "Continuing education school" means any person licensed by 
the Department as a school
for continuing education in 
accordance with Section 30-15 of this Act.
    "Coordinator" means the Coordinator of Real Estate created 
in Section 25-15 of this Act.

    "Credit hour" means 50 minutes of classroom instruction in 
course work that
meets the requirements set forth in rules 
adopted by the Department.

    "Customer" means a consumer who is not being represented by 
the licensee but
for whom the licensee is performing 
ministerial acts.

    "Department" means the Department of Financial and 
Professional Regulation. 
    "Designated agency" means a contractual relationship 
between a sponsoring
broker and a client under Section 15-50 of 
this Act in which one or more
licensees associated with or 
employed by the broker are designated as agent of
the client.

    "Designated agent" means a sponsored licensee named by a 
sponsoring broker as
the legal agent of a client, as provided 
for in Section 15-50 of this Act.


    "Dual agency" means an agency relationship in which a 
licensee is
representing both buyer and seller or both landlord 
and tenant in the same
transaction.  When the agency 
relationship is a designated agency, the
question of whether 
there is a dual agency shall be determined by the agency

relationships of the designated agent of the parties and not of 
the sponsoring
broker.

    "Employee" or other derivative of the word "employee", when 
used to refer to,
describe, or delineate the relationship 
between a real estate broker and a real
estate salesperson, 
another real estate broker, or a leasing agent, shall be

construed to include an independent contractor relationship, 
provided that a
written agreement exists that clearly 
establishes and states the relationship.
All responsibilities 
of a broker shall remain.

    "Escrow moneys" means all moneys, promissory notes or any 
other type or
manner of legal tender or financial consideration 
deposited with any person for
the benefit of the parties to the 
transaction.  A transaction exists once an
agreement has been 
reached and an accepted real estate contract signed or lease

agreed to by the parties.  Escrow moneys includes without 
limitation earnest
moneys and security deposits, except those 
security deposits in which the
person holding the security 
deposit is also the sole owner of the property
being leased and 
for which the security deposit is being held.

    "Electronic means of proctoring" means a methodology 
providing assurance that the person taking a test and 
completing the answers to questions is the person seeking 
licensure or credit for continuing education and is doing so 
without the aid of a third party or other device. 
    "Exclusive brokerage agreement" means a written brokerage 
agreement that provides that the sponsoring broker has the sole 
right, through one or more sponsored licensees, to act as the 
exclusive designated agent or representative of the client and 
that meets the requirements of Section 15-75 of this Act.

    "Inoperative" means a status of licensure where the 
licensee holds a current
license under this Act, but the 
licensee is prohibited from engaging in
licensed activities 
because the licensee is unsponsored or the license of the

sponsoring broker with whom the licensee is associated or by 
whom he or she is
employed is currently expired, revoked, 
suspended, or otherwise rendered
invalid under this Act.

    "Interactive delivery method" means delivery of a course by 
an instructor through a medium allowing for 2-way communication 
between the instructor and a student in which either can 
initiate or respond to questions. 
    "Leads" means the name or names of a potential buyer, 
seller, lessor, lessee, or client of a licensee. 
    "Leasing Agent" means a person who is employed by a real 
estate broker to
engage in licensed activities limited to 
leasing residential real estate who
has obtained a license as 
provided for in Section 5-5 of this Act.

    "License" means the document issued by the Department 
certifying that the person named
thereon has fulfilled all 
requirements prerequisite to licensure under this
Act.

    "Licensed activities" means those activities listed in the 
definition of
"broker" under this Section.

    "Licensee" means any person, as defined in this Section, 
who holds a
valid unexpired license as a real estate broker, 
real estate salesperson, or
leasing agent.

    "Listing presentation" means a communication between a 
real estate broker or
salesperson and a consumer in which the 
licensee is attempting to secure a
brokerage agreement with the 
consumer to market the consumer's real estate for
sale or 
lease.

    "Managing broker" means a broker who has supervisory 
responsibilities for
licensees in one or, in the case of a 
multi-office company, more than one
office and who has been 
appointed as such by the sponsoring broker.

    "Medium of advertising" means any method of communication 
intended to
influence the general public to use or purchase a 
particular good or service or
real estate.

    "Ministerial acts" means those acts that a licensee may 
perform for a
consumer that are informative or clerical in 
nature and do not rise to the
level of active representation on 
behalf of a consumer.  Examples of these acts
include without 
limitation (i) responding to phone inquiries by consumers as to

the availability and pricing of brokerage services, (ii) 
responding to phone
inquiries from a consumer concerning the 
price or location of property, (iii)
attending an open house 
and responding to questions about the property from a
consumer, 
(iv) setting an appointment to view property, (v) responding to

questions of consumers walking into a licensee's office 
concerning brokerage
services offered or particular 
properties, (vi) accompanying an appraiser,
inspector, 
contractor, or similar third party on a visit to a property, 
(vii)
describing a property or the property's condition in 
response to a consumer's
inquiry, (viii) completing business or 
factual information for a consumer on an
offer or contract to 
purchase on behalf of a client, (ix) showing a client
through a 
property being sold by an owner on his or her own behalf, or 
(x)
referral to another broker or service provider.


    "Office" means a real estate broker's place of business 
where the general
public is invited to transact business and 
where records may be maintained and
licenses displayed, whether 
or not it is the broker's principal place of
business.

    "Person" means and includes individuals, entities, 
corporations, limited
liability companies, registered limited 
liability partnerships, and
partnerships, foreign or domestic, 
except that when the context otherwise
requires, the term may 
refer to a single individual or other described entity.

    "Personal assistant" means a licensed or unlicensed person 
who has been hired
for the purpose of aiding or assisting a 
sponsored licensee in the performance
of the sponsored 
licensee's job.

    "Pocket card" means the card issued by the Department to 
signify that the person named
on the card is currently licensed 
under this Act.

    "Pre-license school" means a school licensed by the 
Department offering courses in
subjects related to real estate 
transactions, including the subjects upon
which an applicant is 
examined in determining fitness to receive a license.

    "Pre-renewal period" means the period between the date of 
issue of a
currently valid license and the license's expiration 
date.

    "Proctor" means any person, including, but not limited to, 
an instructor, who has a written agreement to administer 
examinations fairly and impartially with a licensed 
pre-license school or a licensed continuing education school. 
    "Real estate" means and includes leaseholds as well as any 
other interest or
estate in land, whether corporeal, 
incorporeal, freehold, or non-freehold,
including timeshare 
interests, and whether the real estate is situated in this

State or elsewhere.

    "Regular employee" means a person working an average of 20 
hours per week for a person or entity who would be considered 
as an employee under the Internal Revenue Service eleven main 
tests in three categories being behavioral control, financial 
control and the type of relationship of the parties, formerly 
the twenty factor test. 

    "Salesperson" means any individual, other than a real 
estate broker or
leasing agent, who is employed by a real 
estate broker or is associated by
written agreement with a real 
estate broker as an independent contractor and
participates in 
any activity described in the definition of "broker" under this

Section.

    "Secretary" means the Secretary of the Department of 
Financial and Professional Regulation, or a person authorized 
by the Secretary to act in the Secretary's stead. 
    "Sponsoring broker" means the broker who has issued a 
sponsor card to a
licensed salesperson, another licensed 
broker, or a leasing agent.

    "Sponsor card" means the temporary permit issued by the 
sponsoring real
estate broker certifying that the real estate 
broker, real estate salesperson,
or leasing agent named thereon 
is employed by or associated by written
agreement with the 
sponsoring real estate broker, as provided for in Section
5-40 
of this Act.

(Source: P.A. 96-856, eff. 12-31-09.)

 
    (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;
        (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;
        (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;
        (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 presenting instruction and real time discussion 
    between the instructor and the students;
        (6) Personally take and pass a written examination 
    authorized by the Department;
        (7) Present a valid application for issuance of a 
    license accompanied by a sponsor card and the fees 
    specified by rule. 
    (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. 96-856, eff. 12-31-09.)
 
    (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;
        (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;
        (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 presenting instructional and real time 
    discussion between the instructor and the students;
        (6) personally take and pass a written examination 
    authorized by the Department; and
        (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. 
    (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. 96-856, eff. 12-31-09.)
 



    (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 presenting 
instruction and real time discussion 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. 96-856, eff. 12-31-09; 96-989, eff. 1-1-11.)

 



    (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 presenting instruction and real time discussion 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; or


        (4) are admitted to practice law pursuant to Illinois 
    Supreme Court rule.

    (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. 96-856, eff. 12-31-09; 97-1002, eff. 8-17-12.)

 



    (225 ILCS 454/10-25)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 10-25. Expiration of brokerage agreement. No licensee 
shall obtain any written brokerage agreement that does not 
either provide
for automatic
expiration within a definite 
period of time or provide the client with a right to terminate 
the agreement annually by giving no more than 30 days' prior 
written notice.  No notice of termination at the
final 
expiration thereof
shall be required.  Any written brokerage 
agreement not containing such a provision
for automatic

expiration shall be void.  When the license of any sponsoring 
broker is
suspended or revoked,  any
brokerage agreement with 
the sponsoring broker shall be deemed to expire upon
the 
effective date
of the suspension or revocation.

(Source: P.A. 91-245, eff. 12-31-99.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.