TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.115 TERMINATION OF SPONSORSHIP
Section 1450.115 Termination of Sponsorship
a) Upon
termination of sponsorship by a sponsoring broker, the sponsoring broker shall
immediately notify the terminated licensee, and within 24 hours after the
termination shall notify the Division, in a format provided by the Division.
b) When
a licensee initiates termination with the sponsoring broker, the licensee shall,
within 24 hours of termination, notify the Division, in a format provided by
the Division, and shall immediately notify the sponsoring broker.
c) Once
the sponsorship has been terminated, the license is automatically changed to
inactive status and the licensee is prohibited from engaging in licensed
activities until the licensee has established a valid sponsorship with a new
sponsoring broker.
(Source: Amended at 45 Ill. Reg. 2851,
effective February 23, 2021)
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.120 ASSUMED NAME
Section 1450.120 Assumed Name
a) If a
sponsoring broker, acting as a sole proprietor, operates under any name other
than that appearing on the sponsoring broker's license, the sponsoring broker
shall submit to the Division a copy of the sponsoring broker's registration
under the Assumed Business Name Act [805 ILCS 405].
b) If a
sponsoring broker, acting as a partnership, corporation, limited liability
corporation, limited partnership, or limited liability partnership, operates
under any name other than that appearing on the sponsoring broker's license,
the sponsoring broker shall submit to the Division a copy of the filing or
certificate authorizing it to do business under an assumed name from the
Illinois Secretary of State and in accordance with the Assumed Business Name
Act [805 ILCS 405].
c) Sponsored
licensees, including a team or teams, may not operate under an assumed business
name other than an assumed business name of their sponsoring broker.
d) The sponsoring
broker shall submit the information to the Division within 30 days after registration
of the assumed name in a format provided by the Division.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
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ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.130 FEES
Section 1450.130 Fees
a) Residential
Leasing Agent License and Residential Leasing Agent Student
1) The
application fee for an initial residential leasing agent license is $100.
2) The renewal
fee for an unexpired residential leasing agent license is $150 per renewal.
3) The
late fee for a residential leasing agent license expired for no more than 2
years is $75.
4) The application
fee for a residential leasing agent permit is $50.
5) The
restoration fee for a residential leasing agent license expired for more than 2
years but less than 5 years is the sum of all lapsed renewal fees and a late fee.
6) A
person receiving an initial license during the first renewal period shall not
be required to pay the initial renewal fee and will be issued a license
expiring on the second renewal deadline.
b) Broker License
1) The application
fee for an initial broker license is $150.
2) The renewal
fee for an unexpired broker license is $200 per renewal.
3) The late
fee for a broker license expired for no more than 2 years is $75.
4) The
restoration fee for a broker license expired for more than 2 years but less
than 5 years is the sum of all lapsed renewal fees and a late fee.
5) The
fee to transfer from a managing broker license to a broker license is $150.
6) A
person receiving an initial license within the first renewal period shall not
be required to pay the initial renewal fee and will be issued a license
expiring on the second renewal deadline.
c) Managing Broker License
1) The
application fee for an initial managing broker license is $175.
2) The
renewal fee for an unexpired managing broker license is $250 per renewal.
3) The late
fee for a managing broker license expired for no more than 2 years is $75.
4) The
restoration fee for a managing broker license expired for more than 2 years but
less than 5 years is the sum of all lapsed renewal fees and a late fee.
5) A
person receiving an initial license during the first renewal period shall not
be required to pay the initial renewal fee and will be issued a license
expiring on the second renewal deadline.
6) The
application fee for an initial virtual office license for a self-sponsored
managing broker under this subsection shall be $200 and in addition to the
initial application fee for the managing broker license. The renewal fee for a
virtual office license shall be $100 and also in addition to the renewal fee
for the managing broker license.
d) Real Estate Auction
Certification
1) The
application fee for an initial real estate auction certification is $125.
2) The
renewal fee for an unexpired real estate auction certification is $300 per renewal.
3) The
late fee for a real estate auction certification expired for no more than 2
years is $75.
4) A
person receiving an initial certificate during the first renewal period shall
not be required to pay the initial renewal fee and will be issued a certificate
expiring on the second renewal deadline.
e) Corporation,
Limited Liability Company, Partnership, Limited Partnership, or Limited
Liability Partnership License
1) The
application fee for an initial corporation, limited liability company,
partnership, limited partnership, or limited liability partnership license is $250.
2) The
renewal fee for an unexpired corporation, limited liability company,
partnership, limited partnership, or limited liability partnership license is $300
per renewal.
3) The
late fee for a corporation, limited liability company, partnership, limited
partnership, or limited liability partnership license expired for no more than
2 years is $75.
4) An
entity receiving its initial license during the first renewal period shall not
be required to pay the initial renewal fee and will be issued a license
expiring on the second renewal deadline.
5) The
application fee for an initial virtual office license for an entity under this
subsection shall be $200 and in addition to the initial application fee for the
entity license. The renewal fee for a virtual office license shall be $100 and
also in addition to the renewal fee for the entity license.
f) Education Provider, Pre-license
Instructor and Course License Fees
1) The application
fee for an initial education provider license is $1,050.
2) The renewal
fee for an unexpired education provider license is $1,100 per renewal.
3) The late
fee for an education provider license expired for no more than 2 years is $75.
4) The
application fee for an initial pre-license instructor license is $150.
5) The
renewal fee for an unexpired pre-license instructor license is $300 per renewal.
6) The
late fee for a pre-license instructor license expired for no more than 2 years
is $75.
7) The
application fee for an initial pre-license course license is $150.
8) The
application fee for a revised format pre-license course license is $150.
9) The
renewal fee for an unexpired pre-license course license is $150 per renewal.
10) The
late fee for a pre-license course license expired for no more than 2 years is $75.
11) The
application fee for an initial post-license course license is $150.
12) The
application fee for a revised format post-license course license is $150.
13) The
renewal fee for an unexpired post-license course license is $150 per renewal.
14) The
late fee for a post-license course license expired for no more than 2 years is $75.
15) An
education provider, pre-license instructor, pre-license course, or post-license
course receiving an initial license during the renewal period shall not be
required to pay the initial renewal fee and will be issued a license expiring
on the second renewal deadline.
16) The
application fee for an initial virtual office license for an education provider
under this subsection shall be $200 and in addition to the initial application
fee for the education provider license. The renewal fee for a virtual office
application shall be $100 and also in addition to the renewal fee for the
education provider license.
g) Continuing Education,
Instructor and Course License Fees
1) The
application fee for an initial CE instructor license is $100.
2) The
renewal fee for an unexpired CE instructor license is $200 per renewal.
3) The
late fee for a CE instructor license expired for no more than 2 years is $75.
4) The
application fee for an initial CE course license is $150.
5) The
application fee for a revised format CE course license is $150.
6) The
renewal fee for an unexpired CE course license is $150 per renewal.
7) The
late fee for a CE course license expired for no more than 2 years is $75.
8) A
CE instructor or CE course receiving an initial license during the renewal
period shall not be required to pay the initial renewal fee and will be issued
a license expiring on the second renewal deadline.
h) General
1) All
fees paid pursuant to the Act and this Section shall be made payable to the
Department of Financial and Professional Regulation and are non-refundable.
2) The
fee for a certification of a licensee's record for any purpose is $35.
3) Applicants
for an examination as a residential leasing agent, broker, managing broker, instructor
or real estate auction certification holder shall be required to pay the cost
of taking the examination. If a designated testing service is utilized for the
examination, the fee shall be paid directly to the designated testing service.
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, shall result in the forfeiture of the examination
fee.
4) The fee for requesting credit for CE obtained
while out-of-state (see Section 5-75 of the Act) is $50 per course.
5) The
fee for processing a sponsorship transfer is $35.
6) The
fee for a copy of a transcript of the proceedings under Section 20-62 of the
Act is the cost of a copy of the transcript. A copy of the balance of the
record will be provided at the Division's cost of producing the record.
7) The
fee for certifying the record referred to in Section 20-73 of the Act is $1 per
page.
8) Each
university, college, community college, or school that is a public institution
of higher education supported by public funds, and located in the State of
Illinois shall be exempt from the education provider and course licensure fees,
provided that the institution meets the following criteria and certifies to the
Division that:
A) The
facility is domiciled in the State of Illinois and supported by public funds;
B) The
instructors are approved and licensed by the Department;
C) The courses
are approved and licensed by the Department; and
D) The pre-license
or CE program is not independently established as a for-profit division of the
university, college, community college, or school.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
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ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.140 RENEWALS
Section 1450.140 Renewals
a) Every residential leasing agent license expires on July 31 of
each even-numbered year.
b) Every broker license expires on April 30 of each even‑numbered
year.
c) Every managing broker license expires on April 30 of each odd-numbered
year.
d) Sponsoring brokers shall also submit a properly completed
consent to examine and audit special accounts form required by the Division.
e) Every
real estate auction certification expires on December
31 of each even-numbered year. A real estate auction certificate holder whose certificate
has been expired for more than 2 years shall be required to meet the
requirements for a new certificate.
f) Every corporation, limited liability company, partnership,
limited partnership, and limited liability partnership license expires on
October 31 of each even-numbered year. Each renewal, the licensee shall submit
the following:
1) A properly completed consent to examine and an audit special
accounts form; and
2) Notice of any change of business information as provided for
in Section 1450.150, if applicable.
g) Renewal applications shall be submitted in a format provided
by the Division. All renewals, if the licensee is seeking an active license,
shall include the name and license number of the sponsoring broker. Failure to
receive a renewal notice shall not constitute a valid reason for failure to
renew a license. No license shall be renewed until the required fee is paid.
h) Practicing or offering to practice on an expired or inactive
license shall constitute unlicensed practice and shall be grounds for
discipline pursuant to Section 20-20 of the Act.
i) Any licensee whose license has expired for more than 2 years
shall not be eligible for renewal of that license. Any licensee whose license
has been expired for less than 2 years may renew the license at any time by
complying with the requirements of this Part, by paying the fees required by
Section 1450.130 and providing satisfactory evidence of completion of the CE
required by this Part. (See Section 5-50 of the Act.)
j) Any residential leasing agent, broker or managing broker
whose license under the Act has expired is eligible to renew, reinstate, or
restore without paying any lapsed fees, and without completing the continuing
education requirements for that licensure period, provided that the license expired
while the licensee was:
1) On active duty with the United States Army, United States
Navy, United States Marine Corps, United States Air Force, United States Coast
Guard, or State Militia called into the service or training for the United
States;
2) Engaged in training or education under the supervision of the
United States prior to induction into military service; or
3) Serving as an employee of the Department.
4) A licensee qualifying under this
subsection (j) may renew the license within a period of 2 years following the
termination of service and is not required to take an examination;
5) An individual qualifying under this subsection (j) shall be
issued a license equivalent to the license held when employed by the Department
or the license held immediately prior to their military service.
6) A licensee qualifying under this subsection (j) must furnish
the Division with satisfactory evidence of service, training, or education, and
termination under honorable conditions within 2 years after the termination of
service.
k) As set forth in Section 5-50(g) of the Act, the Division, upon
request, shall prepare and deliver by mail or electronically to the sponsoring
broker a listing of licensees who, according to the Division, are sponsored by
that sponsoring broker. The sponsoring broker shall notify the Division
concerning any inaccuracies in the listing within 5 business days after its
receipt.
l) A notice of renewal shall be sent to all sponsoring brokers,
by mail or electronically, for each of the sponsored licensees of a sponsoring
broker.
m) Licensees
engaging in licensed activities in the form of a corporation, limited liability
company, partnership, limited partnership or limited liability partnership
must:
1) Remain
in active status and good standing in accordance with the requirements of the
jurisdiction where it is registered and must be authorized to conduct or transact
business; and
2) Notify
the Division, in a format provided by the Division, within 48 hours of any
change to its status/registration resulting in the inability to conduct or transact
business in the jurisdiction in which it is registered/was authorized to conduct
or transact business; and
3) Be
authorized to conduct or transact business in Illinois.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
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ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.145 RESTORATION
Section 1450.145 Restoration
a) A
licensee may petition for restoration of a license at any time after the
successful completion of a disciplinary term; or after a license has been
inactive or expired for more than 2 years.
b) A
person applying for restoration of a residential leasing agent license expired
for more than 2 years but less than 5 years shall submit the following:
1) A
signed and completed residential leasing agent restoration application, in a format
provided by the Division;
2) Proof
of completion of the CE requirements set forth in Section 1450.250 for all license
terms that occurred prior to the date of the restoration application; and
3) The
required fee set forth in Section 1450.130.
c) A
person applying for restoration of a broker license expired for more than 2
years but less than 5 years shall submit the following:
1) A
signed and completed broker restoration application, in a format provided by
the Division;
2) Proof
of completion of the CE requirements set forth in Section 1450.450 for all license
terms that occurred prior to the date of restoration application;
3) If
applicable, proof of completion of the 45-hour post-license education if upon
restoration the first renewal term is part of the elapsed period prior to the
date of restoration application; and
4) The
required fee set forth in Section 1450.130.
d) A
person applying for restoration of a managing broker license expired for more
than 2 years but less than 5 years shall submit the following:
1) A
signed and completed managing broker restoration application, in a format
provided by the Division;
2) Proof
of completion of the CE requirements set forth in Section 1450.540 for all license
terms that occurred prior to the date of the restoration application; and
3) The
required fee set forth in Section 1450.130.
e) A
person with a license expired for more than 5 years shall comply with the fees
and requirements as a new applicant.
f) An
individual who seeks restoration of their license that expired while they were
either on active duty in the United States military or in military training, or
during employment with the Department, shall fulfill the requirements under
Section 1450.140(j).
g) A
person may apply for restoration of a suspended, revoked, or license on
probation at any time after the successful completion of a term of suspension,
revocation, or probation of a license by filing a Petition to Restore in a
format provided by the Department pursuant to its Rules of Practice in
Administrative Hearings (68 Ill. Adm. Code 1110.30). The Department may
restore the license in the manner provided in Section 20-69 of the Act and the
requirements in this Section.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
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ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.150 REQUIRED INFORMATION OF APPLICANT OR LICENSEE
Section 1450.150 Required Information of
Applicant or Licensee
a) Address
of Record and Email Address of Record
1) Pursuant
to Section 2105-7 of the Civil Administrative Code of Illinois [20 ILCS 2105],
all applicants and licensees shall provide to the Division a valid address,
which shall not be a post office box, and a valid email address, which shall
serve as the address of record and email address of record, respectively, at
the time of application for licensure or renewal of a license; and
2) Pursuant
to Section 5-41 an applicant or licensee shall inform the Division, in a format
provided by the Division, of any change of address, email address, phone, or
office location within 24 hours after such change.
3) The
Division may provide service of documents by email to an applicant's or
licensee's email address of record in accordance with the Act, the Department
of Professional Regulation Law [20 ILCS 2105], or Section 10-75 of the Illinois
Administrative Procedure Act [5 ILCS 100]. Service by email shall be deemed
complete on the day of transmission regardless of whether the documents are
delivered to the applicant's or licensee's spam or junk email folder.
b) Aliases,
Diminutives, and Nicknames. Within 14 days after the change, each licensee shall
notify the Division, in a format provided by the Division, of any name change.
1) The
licensee shall notify the Division if the licensee regularly practices under an
alias, diminutive, or nickname of the licensee's name.
2) If an
individual licensee changes names by court order or due to marital status
change, the licensee shall:
A) Notify
the Division of the name change;
B) Provide
the Division a copy of the marriage certificate or portions of the court order
relating to the name change; and
C) Indicate
the name to be utilized for licensure.
3) The
licensee shall ensure that all CE certificates are issued under the name of
licensure.
c) Office
Location. Each licensee shall provide the Division, in a format provided by
the Division, all physical office locations, virtual office websites or digital
platforms. Each licensee shall notify the Division, in a format provided by
the Division, of a change in any physical office location or virtual office
website or digital platform, within 24 hours after the change in location.
d) Each
sponsoring broker shall, within 24 hours, notify the Division, in a format
provided by the Division, of any change of business information.
1) When
a licensee acquires or transfers any interest in a licensed corporation,
limited liability company, partnership, limited partnership, or limited
liability partnership licensed under the Act.
2) When
a licensee becomes an officer, manager, member or partner of a corporation,
limited liability company, partnership, limited partnership, or limited
liability partnership, including any associated changes in designated managing
brokers or office location.
3) When
the licensee operates under an assumed name, it shall comply with the
applicable provisions of Section 1450.120.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
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ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.160 DUAL LICENSURE
Section 1450.160 Dual Licensure
a) A licensee may not
simultaneously hold licenses as a:
1) Managing
broker and residential leasing agent;
2) Managing
broker and broker; or
3) Broker
and residential leasing agent.
b) Upon
the issuance of a new license, the prior license shall be cancelled and no
longer active unless there is a request to transfer pursuant to Section
1450.550.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
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 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.170 EXEMPTION UNDER SECTION 5-20(1) OF THE ACT (REPEALED)
Section 1450.170 Exemption Under Section 5-20(1) of the
Act (Repealed)
(Source: Repealed at 41 Ill. Reg. 12561,
effective October 6, 2017)
SUBPART B: LEASING AGENT LICENSING AND EDUCATION
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.200 RESIDENTIAL LEASING AGENT GENERAL PROVISIONS
Section 1450.200 Residential
Leasing Agent General Provisions
a) A licensed residential leasing agent shall not engage in any
licensed activities other than licensed activities related to leasing of
residential real property. A licensed residential leasing agent may not engage
in any licensed activities described in Section 1-10 of the Act that do not
relate to leasing residential real property or would otherwise require a broker
license.
b) No person other than a licensed managing broker, broker or residential
leasing agent or a person working under a residential leasing agent permit
shall engage in leasing residential real property for another and for compensation.
c) No residential leasing agent licensee may accept compensation
for the performance of leasing residential real property except from the
sponsoring broker by whom the licensee is sponsored.
(Source: Amended at 45 Ill. Reg. 2851,
effective February 23, 2021)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.205 RESIDENTIAL LEASING AGENT PRE-LICENSE EDUCATION REQUIREMENTS
Section 1450.205 Residential Leasing Agent Pre-License
Education Requirements
An applicant for a residential leasing agent license must
complete 15 credit hours of instruction recommended by the Board and approved
by the Division, as set forth in Section 5-10(a)(5) of the Act. All education providers,
pre-license instructors, and pre-license courses relating to residential leasing
agent licensure must be approved by the Division and licensed pursuant to
Subpart K.
(Source: Amended at 45 Ill. Reg. 2851,
effective February 23, 2021)
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.210 RESIDENTIAL LEASING AGENT EXAMINATION
Section 1450.210 Residential Leasing Agent Examination
a) Each
applicant for a residential leasing agent license shall submit an application
for examination as determined by the Division or its designated testing service,
including:
1) Certification that the
applicant is at least 18 years of age;
2) Successful
completion of high school or equivalency required under Section 5-10 of the Act;
3) The
required fee set forth in Section 1450.130; and
4) Proof
of completion of 15 hours of instruction in real estate courses recommended by
the Board and approved (see Section 1450.205).
b) Approved
pre-license education shall be valid for a period of 2 years after the date of satisfactory
completion of all required pre-license education (see Section 5-35 of the Act).
c) If a
person fails the examination four consecutive times, that person must repeat
the pre-license education requirement prior to taking the examination again,
and the applicant must complete a new application for examination.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
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ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.220 APPLICATION FOR RESIDENTIAL LEASING AGENT LICENSE BY EXAMINATION
Section 1450.220 Application for Residential Leasing
Agent License by Examination
a) Each applicant for a residential
leasing agent license shall submit to the Division:
1) A
signed and completed application, in a format provided by the Division;
2) The
required fee set forth in Section 1450.130;
3) Proof
of successful completion of the examination authorized by the Division;
4) Proof
of sponsorship if the applicant is seeking an active license (see Section
1450.110); and
5) A
transcript, if applicable.
b) Within
30 days after receipt and approval of required fees and other documentation,
the Division shall issue a residential leasing agent license to the licensee or
notify the applicant of the basis for denial.
c) An
applicant shall have one year from the date of receipt of a passing examination
score to submit an application to the Division and to meet the requirements for
licensure.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
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 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.230 LEASING AGENT TERMINATION OF EMPLOYMENT (REPEALED)
Section 1450.230 Leasing Agent Termination of Employment
(Repealed)
(Source:
Repealed at 40 Ill. Reg. 12588, effective September 2, 2016)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.240 RESIDENTIAL LEASING AGENT PERMIT
Section 1450.240 Residential
Leasing Agent Permit
a) Pursuant to Section 5-5(d) of the Act, a person engaging in leasing
residential real estate may engage in residential leasing activities for a
period of 120 consecutive days without being licensed if they first obtain a residential
leasing agent permit, which shall be valid for a period of 120 days. A permit
holder shall comply with all provisions of the Act and this Subpart as if the
permit holder were a residential leasing agent licensee and shall be subject to
standards of practice and disciplinary provisions as if the permit holder were
a residential leasing agent licensee. A sponsoring broker for a permit holder
shall be responsible for the activities and actions of a permit holder as if
the permit holder were a residential leasing agent licensee. A permit holder
may only be sponsored by one sponsoring broker during one 120 consecutive
calendar day period.
b) Within 24 hours after employing, or associating with, by a
written independent contract agreement with, a permit holder seeking a
residential leasing agent license, a sponsoring broker shall submit the
following information to the Division, in a format provided by the Division:
1) The name, address and other information requested by the
Division to identify the permit holder and sponsoring broker; and
2) Certification by the permit holder and the sponsoring broker
or designated managing broker that the permit holder:
A) Will not work for more than 120 consecutive calendar days without
having been issued a residential leasing agent license;
B) Is pursuing licensure under Section 5-5(d) of the Act;
C) Is at least 18 years of age;
D) Has successfully completed a four-year course of study in a
high school or secondary school or an equivalent course of study; and
E) Is at the time of association, or will be within a period of 60
days, enrolled in a residential leasing agent course of instruction approved by
the Division.
c) Upon expiration of the 120 consecutive calendar day period,
the permit holder shall immediately cease engaging in leasing residential real
estate unless the person has been issued a residential leasing agent license
and has valid sponsorship.
d) A person shall not practice under a residential leasing agent
permit more than one time.
(Source:
Amended at 45 Ill. Reg. 2851, effective February 23, 2021)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.250 RESIDENTIAL LEASING AGENT CONTINUING EDUCATION
Section 1450.250 Residential
Leasing Agent Continuing Education
a) Each residential leasing agent licensee shall complete, during
the current term of the license, a minimum of 8 CE hours from a single core
curriculum recommended by the Board and approved by the Division. Approved
courses shall, at a minimum, cover recent changes in the Act and other laws
affecting the leasing of residential real estate, including fair housing and
human rights issues related to residential leasing, advertising and marketing,
leases, applications, credit reports and criminal history, handling of funds,
ownership-tenant relationships, owner-tenant laws, environmental issues related
to residential real estate, and sexual harassment prevention training (see
Section 2105-15.5 of the Department of Professional Regulation Law [20 ILCS
2105]).
b) A licensee is not required to complete CE requirements for the
first renewal following the issuance of the initial residential leasing agent
license.
c) Education providers, instructors and courses must be approved
by the Division as set forth in Sections 1450.1100, 1450.1105, 1450.1145 and
1450.1155.
d) Certification of Compliance with CE Requirements
1) Each licensee shall certify, on the renewal application, full
compliance with the CE requirements of this Section.
2) The Division may, in the context of compliance audits, require
additional evidence demonstrating compliance with the CE requirements. Each
licensee shall retain proof of completed CE.
3) In the context of a compliance audit, the Division shall
accept verification submitted directly from a licensed education provider on
behalf of a licensee as proof of CE compliance.
4) Failure to comply with CE requirements is a violation of the
Act and may subject a licensee to a citation or such other discipline as set
forth in the Act and this Part.
e) The Division shall conduct audits to verify compliance with
this Section in accordance with Section 1450.960.
(Source: Amended at 45 Ill. Reg. 2851, effective February 23, 2021)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.260 APPROVED COURSES, SCHOOLS AND INSTRUCTORS FOR LEASING AGENTS (REPEALED)
Section 1450.260 Approved
Courses, Schools and Instructors for Leasing Agents (Repealed)
(Source: Repealed
at 40 Ill. Reg. 12588, effective September 2, 2016)
SUBPART C: LICENSING AND EDUCATION FOR SALESPERSON
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.300 SALESPERSON EDUCATIONAL REQUIREMENTS TO OBTAIN A LICENSE (REPEALED)
Section 1450.300 Salesperson
Educational Requirements to Obtain a License (Repealed)
(Source:
Repealed at 40 Ill. Reg. 12588, effective September 2, 2016)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.310 SALESPERSON EXAMINATION (REPEALED)
Section 1450.310 Salesperson Examination (Repealed)
(Source: Repealed at 40 Ill. Reg. 12588,
effective September 2, 2016)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.320 APPLICATIONS FOR SALESPERSON LICENSE BY EXAMINATION (REPEALED)
Section 1450.320
Applications for Salesperson License by Examination (Repealed)
(Source:
Repealed at 40 Ill. Reg. 12588, effective September 2, 2016)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.330 APPLICATION FOR SALESPERSON LICENSE BY RECIPROCITY (REPEALED)
Section 1450.330 Application
for Salesperson License by Reciprocity (Repealed)
(Source:
Repealed at 40 Ill. Reg. 12588, effective September 2, 2016)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.340 SALESPERSON CONTINUING EDUCATION (REPEALED)
Section 1450.340 Salesperson
Continuing Education (Repealed)
(Source:
Repealed at 40 Ill. Reg. 12588, effective September 2, 2016)
SUBPART D: BROKER LICENSING AND EDUCATION
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.400 BROKER PRE-LICENSE EDUCATION REQUIREMENTS
Section 1450.400 Broker Pre-License
Education Requirements
An applicant for a broker
license must complete 75 credit hours of instruction (see Section 1450.1105).
The pre-license education shall be valid for 2 years after the satisfactory
completion of all required pre-license education.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
|
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.410 BROKER POST-LICENSE EDUCATION REQUIREMENTS
Section 1450.410 Broker
Post-License Education Requirements
a) Brokers shall be required to complete 45 hours of post-license
education consisting of three 15-hour courses covering applied brokerage
principles, risk management/discipline, and transactional issues, as required
by the Act. This education must address the practical application of
pre-license topics to the practice of real estate (see Section 1450.1105(c)).
Brokers shall also pass an education provider administered 50-question examination
for each course. The education and examinations shall be completed prior to the
first renewal of the license.
b) Brokers taking the 45-hour post-license education during their
first license term shall not be required to complete any other CE during that license
term. The 45-hour post-license education must be completed within the 2 years
immediately preceding the broker's first renewal. However, those individuals
who received their initial broker license within 180 days preceding the first
broker renewal deadline must complete the 45-hour post-license education and
pass each of the three 15-hour course final exams prior to the second broker
renewal deadline.
c) The Division shall conduct audits to verify compliance with
this Section.
d) The requirements of this Section do not apply to attorneys
currently admitted to practice law by the Supreme Court of Illinois.
(Source:
Amended at 45 Ill. Reg. 2851, effective February 23, 2021)
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.420 BROKER EXAMINATION
Section 1450.420 Broker
Examination
a) Each applicant for a broker license shall submit an
application for examination as determined by the Division or its designated
testing service, including:
1) Certification that the applicant is at least 18 years of age;
2) Successful completion of high school or equivalency required
under Section 5-27 of the Act;
3) The required fee set forth in Section 1450.130; and
4) Proof of one of the following:
A) Currently admitted to practice law by the Supreme Court of
Illinois; or
B) Completion of 75 hours of instruction in real estate courses recommended
by the Board and approved by the Division (see Section 1450.1105).
b) If a person fails the examination four consecutive times, the
person must repeat the pre-license education requirement set forth in Section
5-27(a)(5) of the Act prior to taking the examination again, in addition to the
other requirements enumerated generally in Section 5-27 and must complete a new
application for examination.
c) As set forth in Section 5-35 of the Act, the 2- year time
period after the completion of pre-license education during which that
education will be accepted applies to approved pre-license education.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.430 APPLICATION FOR BROKER LICENSE BY EXAMINATION
Section 1450.430 Application
for Broker License by Examination
a) Each applicant for a broker license shall submit to the
Division:
1) A signed and completed application in a format provided by the
Division;
2) The required fee set forth in Section 1450.130;
3) Proof of successful completion of the examination authorized
by the Division;
4) Proof of sponsorship if the applicant is seeking an active
license (see Section 1450.110); and
5) A transcript, if applicable.
b) An applicant shall have one year from the date of receipt of a
passing examination score to submit an application to the Division and to meet
the requirements for licensure.
c) If an applicant for a broker license currently holds a residential
leasing agent license, the residential leasing agent license must be in good
standing.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.440 APPLICATION FOR BROKER LICENSE BY RECIPROCITY
Section 1450.440 Application
for Broker License by Reciprocity
a) Until December 31, 2025, an Illinois broker license shall be
issued by reciprocity to a broker under the following conditions:
1) The broker holds an active broker license, or its equivalent,
by examination in a state with a reciprocal agreement with the Department;
2) The broker licensing standards of that state are substantially
equivalent to or greater than the minimum standards in Illinois;
3) The broker maintains a physical or virtual place of business,
as permitted by law, in the broker's state of licensure; and
4) The broker submits:
A) An application, in a format provided by the Division;
B) The required fee set forth in Section 1450.130;
C) A certification, or a statement bearing the seal of the
licensing authority, from each state of licensure, evidencing:
i) An active broker license in that state;
ii) That the license is in good standing; and
iii) Any disciplinary action taken against the broker;
D) Proof of passing an examination approved by the Division on
Illinois specific real estate laws;
E) If the broker does not maintain a definite place of business
within the State of Illinois, a written statement that:
i) appoints the Secretary to act as the broker's agent upon whom
all judicial and other process may be served;
ii) acknowledges and agrees to abide by all of the provisions of
the Act and this Part with respect to all of the broker's licensed activities
within and relating to the State of Illinois; and
iii) assents to jurisdiction of the Department; and
F) Proof of sponsorship if the applicant is seeking an active
license.
b) Any licensee who renews a license issued under a reciprocal
agreement assents to jurisdiction of the Department without regard to the
location of the licensee's domicile or principal place of business or office
locations.
c) All requirements for licensure by reciprocity shall be met
within one year after the date of original application, but no later than
December 31, 2025, or the application shall be denied and the fee forfeited;
and
d) No application for licensure as a broker pursuant to a
reciprocal agreement and this Section shall be submitted or granted on or after
January 1, 2026, regardless of whether the application is new or if it seeks
reconsideration of a prior application. Licenses granted under reciprocal
agreements prior to January 1, 2026, shall remain in force and may be renewed
in the same manner as provided for a broker license in the Act and this Part.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.450 BROKER CONTINUING EDUCATION
Section 1450.450 Broker
Continuing Education
a) Continuing Education Hour Requirements
1) As set forth in Section 5-70 of the Act, each broker, except
as otherwise provided in Section 5-70(b), is required to complete 12 CE hours during
the current term of the license. The total of 12 CE hours of courses approved
by the Division may be taken at any time during the current term of the license.
2) As set forth in Section 5-50(b) of the Act, brokers receiving
their initial broker license are required to complete the 45-hour post-license
education during their first license term and are not required to complete any
other CE during that license term. If an individual receives the initial
broker license within 180 days preceding the first broker renewal deadline, the
broker must complete the 45-hour post-license education prior to the second
broker renewal deadline.
3) Brokers licensed in Illinois but residing and practicing in
other states shall comply with the CE requirements set forth in this Section,
unless they are exempt (see Section 5-70(b) of the Act).
4) The Division shall conduct audits to verify compliance with
this Section.
b) Approved Continuing Education
1) CE credit may be earned for verified attendance at,
participation in, or completion of a licensed course offered by a licensed education
provider (see Sections 1450.1100 and 1450.1105).
2) CE credit may be earned by passing a proctored exam for a
correspondence or home study course offered and verified by a licensed Education
Provider (see Section 1450.1155).
3) As set forth in Section 5-70 of the Act, CE credit shall be
obtained through completion of a single core curriculum and an elective
curriculum recommended by the Board and approved by the Division. CE
requirements shall be deemed satisfied upon the successful completion of the
following:
A) Core Curriculum. A minimum of 6 CE credit hours per two year license
term in a core curriculum course recommended by the Board and approved by the Division,
which must include at least 2 credit hours of fair housing training. Pursuant
to Section 5-70, the core curriculum may also cover subjects including, but not
limited to, advertising, agency, agency disclosures, property disclosures,
residential leasing agent management, escrow, fair housing, and license law.
B) Elective Curriculum. No fewer than 6 CE credit hours per 2-year
license term in elective curriculum courses approved by the Division, which may
cover subjects including, but not limited to, license law, escrow, antitrust,
fair housing, agency, appraisal, property management, residential brokerage, farm
property management, transaction management rights and duties of parties in a
transaction, commercial brokerage and leasing, real estate financing,
disclosures, residential leasing agent management, advertising, broker
supervision and designated managing broker responsibility, professional
conduct, diversity equity and inclusion, use of technology, and any training
required by law (e.g., sexual harassment prevention training (see 20 ILCS
2105/2105-15.5)) may be credited toward elective hours.
4) As set forth in Section 5-70(g) of the Act, CE credit may be
earned by a licensed pre-license or CE instructor for teaching a licensed CE
course. Credit for teaching a licensed CE course may only be earned once for
that course during a license term. One hour of instruction is equal to one CE hour.
5) As set forth in Section 5-75 of the Act, if licensees earn CE credit
hours in another state or territory for which they will claim credit toward
compliance in Illinois, the licensee shall submit an application and a $50 fee,
within 90 days after completion of the CE course and prior to expiration of the
license. The Division will review and may approve the course if the education
provider, course, and delivery method of assessing participation and comprehension
are substantially equivalent to those licensed in Illinois. In determining
whether the education provider and course are substantially equivalent, the Division
will use the criteria in Sections 5-70 through 5-80 of the Act and this
Section.
6) CE credit will only be given for CE courses offered by
education providers licensed by the Division.
7) Pursuant to Section 5-70(j) of the Act, no more than 12 hours
of CE credit may be taken in one calendar day. If a proctored final exam is
required for a licensee to receive credit for the CE course or courses, the
exam may be given either at the end of each individual course or group of
courses.
8) CE credit shall not be given for pre-license and post-license
education courses, except as set forth in Section 5-70(1) of the Act.
c) Certification of Compliance with CE Requirements
1) Each licensee shall certify, on the renewal application, full
compliance with the CE requirements set forth in subsections (a) and (b).
2) The Division may, for purposes of compliance audits, require
additional evidence demonstrating compliance with the CE requirements. Each
licensee shall retain proof of CE completed.
3) For purposes of a compliance audit, the Division shall accept
verification submitted directly from a licensed education provider on behalf of
a licensee as proof of CE compliance.
4) Failure to comply with CE requirements is a violation of the
Act and may subject a licensee to a citation or other discipline set forth in
the Act or this Part.
d) The Division shall conduct audits to verify compliance with
this Section (see Section 1450.960).
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.460 APPLICATION FOR BROKER LICENSE BY ENDORSEMENT
Section 1450.460 Application for Broker License by
Endorsement
a) Each
applicant for an Illinois broker license by endorsement shall submit to the
Division:
1) An
application, in a format provided by the Division;
2) The
required fee as set forth in Section 1450.130;
3) An
official statement from the licensing authority of each state or jurisdiction
in which the broker is licensed certifying:
A) That
the broker has an active license;
B) That
the broker is in good standing; and
C) Any
history of discipline against the broker in that state or jurisdiction of
licensure;
4) Proof
of passing an examination approved by the Division on Illinois-specific real
estate brokerage laws;
5) Proof
of successful completion of a 30-hour pre-license endorsement course
recommended by the Board and approved by the Division in accordance with
Section 5-60.5(b)(4) of the Act;
6) Proof
of sponsorship if the applicant is seeking an active license;
7) The
applicant's written designation appointing the Secretary to act as the broker's
agent upon whom all judicial and other process or legal notices directed to the
broker may be served in accordance with Sections 5-60.5(d) and (f) of the Act;
and
8) A
written attestation by the applicant in accordance with Section 5-60.5(c) of
the Act that, upon licensure, the applicant will abide by all provisions of the
Act with respect to their real estate activities within the State of Illinois
and submit to the jurisdiction of the Department. [225 ILCS 454/5-60.5]
b) If
the broker has been actively practicing as a broker or its license equivalent
in any other state or jurisdiction for less than 2 years immediately prior to
the date of application, the broker must complete the 45 hours of post-license
education by the first renewal pursuant to the Act and Section 1450.410.
[225 ILCS 454/5-60.5]
c) After
review by the Division for compliance with the Act and the Department of
Professional Regulation Law [20 ILCS 2105], the Division will issue an Illinois
broker license.
(Source: Added at 49 Ill. Reg. 9512,
effective July 7, 2025)
| SUBPART E: MANAGING BROKER LICENSING AND EDUCATION
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.500 MANAGING BROKER PRE-LICENSE EDUCATION REQUIREMENTS
Section 1450.500 Managing
Broker Pre-License Education Requirements
An applicant for a managing
broker license must have completed a total of 165 credit hours of instruction
as set forth in Section 1450.1105. The 45-hour managing broker pre-license
education shall be valid for 2 years after satisfactory completion.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.510 MANAGING BROKER EXAMINATION
Section 1450.510 Managing
Broker Examination
a) Each applicant for a managing broker license shall submit an
application for examination on Illinois-specific brokerage laws as determined
by the Division or its designated testing service, including:
1) Certification that the applicant is at least 20 years of age;
2) Successful completion of high school or equivalency required
under Section 5-28 of the Act;
3) The fee required by Section 1450.130; and
4) Proof of one of the following:
A) Currently admitted to practice law by the Supreme Court of
Illinois; or
B) Completion of a total of 165 credit hours of instruction in
real estate courses approved by the Division.
b) If a person fails the examination four consecutive times, the person
must repeat the pre-license education requirement set forth in Section 5-28 of
the Act prior to taking the examination again and must complete a new
application for examination.
c) As set forth in Section 5-35 of the Act, the 2-year time
period after the completion of pre-license education during which that
education will be accepted applies to approved pre-license education.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.520 APPLICATION FOR MANAGING BROKER LICENSE BY EXAMINATION
Section 1450.520 Application
for Managing Broker License by Examination
a) Each applicant for a managing broker license shall submit to
the Division:
1) A signed and completed application in a format provided by the
Division;
2) The required fee set forth in Section 1450.130;
3) Proof of successful completion of the written examination on
Illinois-specific brokerage laws authorized by the Division;
4) Proof of sponsorship or self-sponsorship if the applicant is
seeking an active license (see Section 1450.110);
5) A transcript, if applicable;
6) If the applicant will be a self-sponsored managing broker, a
completed consent to examine and audit special accounts form;
7) A certification that the applicant has been actively licensed
and in good standing as a broker for 2 consecutive years out of the last 3
years; and
8) Any other documentation prescribed by the Division.
b) An applicant shall have one year from the date of receipt of a
passing examination score to submit an application with the Division and to
meet all of the requirements for licensure.
c) A self-sponsored managing broker shall comply with all the
office requirements set forth in Section 1450.610.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.530 APPLICATION FOR MANAGING BROKER LICENSE BY RECIPROCITY
Section 1450.530 Application
for Managing Broker License by Reciprocity
a) Until December 31, 2025, an Illinois managing broker license shall
be issued by reciprocity to a managing broker under the following conditions:
1) The managing broker holds an active managing broker license,
or its equivalent, by examination in a state with a reciprocal agreement with
the Department;
2) The managing broker licensing standards of that state are
substantially equivalent to or greater than the minimum standards in Illinois;
3) The managing broker maintains a physical or virtual place of
business, as permitted by law, in the managing broker's state of licensure and
has been actively engaging in licensed activities as a managing broker or
broker during the immediately preceding 2 years; and
4) The managing broker submits:
A) An application, in a format provided by the Division;
B) The required fee set forth in Section 1450.130;
C) A certification, or a statement bearing the seal of the
licensing authority, from each state of licensure, evidencing:
i) an active managing broker license in that state;
ii) that the license is in good standing; and
iii) any disciplinary action taken against the managing broker.
D) Proof of passing an examination approved by the Division on Illinois-specific
real estate brokerage laws;
E) If the managing broker does not maintain a definite place of
business within the State of Illinois, a written statement that:
i) appoints the Secretary to act as the managing broker's agent
upon whom all judicial and other process may be served;
ii) acknowledges and agrees to abide by all of the provisions of
the Act and this Part with respect to all of the managing broker's licensed activities
within and relating to the State of Illinois; and
iii) assents to jurisdiction of the Department; and
F) If the managing broker is not self-sponsored, then proof of
sponsorship if the applicant is seeking an active license.
b) Any licensee who renews a license issued under a reciprocal
agreement assents to jurisdiction of the Department without regard to the
location of the licensee's domicile or principal place of business or office
locations.
c) All requirements for licensure by reciprocity shall be met
within one year after the date of original application, but no later than
December 31, 2025, or the application shall be denied, and the fee forfeited.
d) No applications for licensure as a managing broker pursuant to
a reciprocal agreement and this Section shall be submitted or granted on or
after January 1, 2026, regardless of whether the application is new or if it
seeks reconsideration of a prior application. Licenses granted under
reciprocal agreements prior to January 1, 2026, shall remain in force and may
be renewed in the same manner as provided for a managing broker license in the
Act and this Part.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.540 MANAGING BROKER CONTINUING EDUCATION
Section 1450.540 Managing
Broker Continuing Education
a) Continuing Education Hour Requirements
1) As set forth in Section 5-70 of the Act, each managing broker,
except as otherwise provided in Section 5-70(b), is required to complete 12 CE hours
during the current term of the license. The total of 12 CE hours of courses
approved by the Division may be taken at any time during the current term of
the license.
2) In addition to the CE required in subsection (a)(1), all renewing
managing brokers must complete a 12-hour broker management CE course, the
content of which shall be recommended by the Board and approved by the Division.
This 12-hour broker management CE course must be completed in the classroom, by
interactive webinar, or by online distance education format. In order to
promote uniformity and consistency, the Division, following the recommendation
of the Board, may provide a standardized curriculum to be utilized by all licensed
education providers.
3) Pursuant to Section 5-70(l) of the Act, a managing broker
renewing their license for the first time may use the 45-hour managing broker
pre-license brokerage administration and management course to satisfy the
12-hour broker management CE requirement.
4) If the current term of the managing broker license ends within
the 90 days after the initial managing broker license is issued, a licensee is
not required to complete CE for that managing broker license term but shall
complete all CE requirements before the next managing broker renewal deadline.
5) Managing brokers licensed in Illinois but residing and
practicing in other states shall comply with the CE requirements set forth in
this Section, unless they are exempt under Section 5-70(b) of the Act.
6) The Division shall conduct audits to verify compliance with
this Section.
b) Approved Continuing Education
1) CE credit may be earned for verified attendance at,
participation in, or completion of a licensed course offered by a licensed education
provider that is approved pursuant to Sections 1450.1100 and 1450.1105.
2) CE credit, except broker management excluded pursuant to
Section 5-70(b) of the Act, may be earned by passing a proctored exam for a correspondence
or home study course offered and verified by a licensed education provider (see
Section 1450.1155).
3) As set forth in Section 5-70 of the Act, CE credit shall be
obtained through completion of a single core curriculum, an elective curriculum,
and a 12-hour broker management CE curriculum recommended by the Board and approved
by the Division. CE requirements shall be deemed satisfied upon successful
completion of the following:
A) Core Curriculum. A minimum of 6 CE credit hours per license
term in a core curriculum course recommended by the Board and approved by the Division,
which must include at least 2 credit hours of fair housing training. Pursuant
to Section 5-70, the core curriculum may also cover subjects including but not
limited to advertising, agency, agency disclosures, property disclosures, escrow,
fair housing, residential leasing agent management, and license law.
B) Elective Curriculum. No fewer than 6 CE credit hours per license
term in elective curriculum courses approved by the Division, which may cover
subjects including but not limited to license law, escrow, antitrust, fair
housing, agency, appraisal, property management, residential brokerage, farm
property management, transaction management rights and duties of parties in a
transaction, commercial brokerage and leasing, real estate financing,
disclosures, residential leasing agent management, advertising, broker
supervision and designated managing broker responsibility, professional
conduct, use of technology, diversity equity and inclusion, and any training
required by law (e.g., sexual harassment prevention training (see 20 ILCS
2105/2105-15.5)) may be credited toward elective hours.
C) The 12-hour broker management CE course.
4) As set forth in Section 5-70(g) of the Act, CE credit may be
earned by a licensed instructor for teaching a licensed CE course. Credit for
teaching a licensed CE course may only be earned once for that course during a license
term. One hour of instruction is equal to one CE hour.
5) As set forth in Section 5-75 of the Act, if licensees earn
CE credit hours in another state or territory for which they will claim credit
toward compliance in Illinois, the licensee shall submit an application and a $50
fee within 90 days after completing the CE course and prior to expiration of
the license. The Division shall review and approve the CE course if the education
provider, CE course, and delivery method of assessing participation and
comprehension are substantially equivalent to those licensed in Illinois. In
determining whether the education provider and CE course are substantially
equivalent, the Division shall use the criteria in Sections 5-70 through 5-80
of the Act and this Section.
6) CE credit shall only be given for CE courses offered by education
providers licensed by the Division.
7) Pursuant to Section 5-70(j) of the Act, no more than 12
hours of CE credit may be taken in one calendar day. If a proctored final exam
is required for a licensee to receive credit for the CE course or courses, the
exam may be given either at the end of each individual course or group of
courses.
8) CE credit shall not be given for pre-license and post-license
education courses, except as set forth in Section 5-70(1) of the Act.
c) Certification of Compliance with CE Requirements
1) Each licensee shall certify on the renewal application full
compliance with the CE requirements set forth in subsections (a) and (b).
2) The Division may, for purposes of compliance audits, require
additional evidence demonstrating compliance with the CE requirements. Each
licensee shall retain proof of CE completed.
3) For purposes of a compliance audit, the Division shall accept
verification submitted directly from a licensed education provider on behalf of
a licensee as proof of CE compliance.
4) Failure to comply with CE requirements is a violation of the
Act and may subject a licensee to a citation or other discipline as set forth
in the Act or this Part.
d) The Division shall conduct audits to verify compliance with
this Section (see Section 1450.960).
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.550 MANAGING BROKER LICENSE TRANSFER TO BROKER LICENSE
Section 1450.550 Managing Broker License Transfer to
Broker License
a) An
individual licensee holding an active managing broker license may exchange the managing
broker license for a broker license if the managing broker license is eligible
for renewal. Upon issuance of the broker license, the licensee shall be subject
to all CE requirements (see Section 1450.450).
b) To
transfer a managing broker license to a broker license an applicant shall
submit to the Division:
1) A
signed and completed application in a format provided by the Division; and
2) The
required fee set forth in Section 1450.130(b)(5).
c) Upon
the transfer of a managing broker license to a broker license, the managing
broker license shall be cancelled. Any prior discipline will be reflected in
the new broker license record.
d) To
obtain a managing broker license after transferring to a broker license, a
transferee shall meet the requirements of a new applicant for a managing broker
license as set forth in the Act and this Part.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.560 MANAGING BROKER SELF-SPONSORSHIP
Section 1450.560 Managing Broker Self-Sponsorship
a) A
self-sponsored managing broker may sponsor licensees if the self-sponsored
managing broker meets all the requirements for a sponsoring broker.
b) A
sole proprietor must be licensed as a real estate managing broker.
c) Temporary
Practice
1) Within
15 days after the death or disability of a self-sponsored managing broker, a
written request for authorization allowing the continued operation of the
office may be submitted to the Division.
2) The
Division will issue written authorization allowing the continued operation
provided that:
A) A
licensed managing broker assumes responsibility in writing and agrees to
supervise the operation of the office; or
B) In the
case of the death or disability of a self-sponsored managing broker, an
authorized representative of the estate assumes responsibility in writing and
agrees to supervise the operation of the office.
3) Written
authorization under subsection (c)(2) shall be valid for no more than 60 days
unless extended by the Division for good cause shown and upon written request
by the broker or authorized representative.
4) The
Division will honor the order of a court of competent jurisdiction or any other
legal documentation appointing a representative of the estate for the sole
purpose of closing out the affairs of a self-sponsored managing broker who is
deceased or disable, but not for the purpose of actively engaging in licensed
activities.
5) This
subsection (c) applies to a self-sponsored managing broker licensee who
sponsors other licensees.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.570 APPLICATION FOR MANAGING BROKER LICENSE BY ENDORSEMENT
Section 1450.570 Application for Managing Broker License
by Endorsement
a) Each
applicant for an Illinois managing broker license by endorsement shall submit
to the Division:
1) An
application, in a format provided by the Division;
2) The required
fee as set forth in Section 1450.130;
3) An
official statement from the licensing authority of each state or jurisdiction
in which the managing broker is licensed certifying:
A) That
the managing broker has an active license;
B) That
the managing broker is in good standing;
C) Any
history of discipline against the managing broker in that state or jurisdiction
of licensure; and
D) No less
than 2 years of active practice immediately preceding the date of
application.
4) Proof
of passing an examination approved by the Division on Illinois-specific real
estate brokerage laws;
5) Proof
of successful completion of a 30-hour pre-license endorsement course
recommended by the Board and approved by the Division in accordance with
Section 5-60.5(a)(5) of the Act;
6) The
applicant's written designation appointing the Secretary to act as the broker's
agent upon whom all judicial and other process or legal notices directed to the
broker may be served in accordance with Sections 5-60.5(d) and (f) of the Act;
and
7) A
written attestation by the applicant in accordance with Section 5-60.5(c) of
the Act that, upon licensure, the applicant will abide by all provisions of the
Act with respect to their real estate activities within the State of Illinois
and submit to the jurisdiction of the Department. [225 ILCS 454/5-60.5]
b) After
review by the Division for compliance with the Act and the Department of
Professional Regulation Law [20 ILCS 2105], the Division will issue an Illinois
managing broker license.
(Source: Added at 49 Ill. Reg. 9512,
effective July 7, 2025)
| SUBPART F: CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, LIMITED PARTNERSHIPS AND LIMITED LIABILITY PARTNERSHIPS
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.600 APPLICATION FOR CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, LIMITED PARTNERSHIPS AND LIMITED LIABILITY PARTNERSHIPS LICENSES
Section 1450.600 Application for Corporations, Limited
Liability Companies, Partnerships, Limited Partnerships and Limited Liability Partnerships
Licenses
a) Each
applicant for a corporation, limited liability company, partnership, limited
partnership, or limited liability partnership license shall submit:
1) A
signed and completed application in a format provided by the Division;
2) The
required fee set forth in Section 1450.130;
3) A
Federal Employer Identification Number (FEIN);
4) Consent
for the Division to examine and audit special accounts;
5) The
name and license number of the designated managing broker;
6) If an
assumed name will be used, a copy of the certificate authorizing it to do
business, as set forth in the Assumed Business Name Act [805 ILCS 405];
7) Proof
of ownership that may, from time to time, be required by the Division; and
8) Physical
or virtual address of principal place of business in Illinois.
b) All
requirements for a licensee to engage in licensed activities as a corporation,
limited liability company, partnership, limited partnership, or limited
liability partnership shall be met within one year after the date of original
application or the application shall be denied, and the fee forfeited.
Thereafter, to be considered for licensure, the applicant shall submit a new
application with the required fee.
c) Corporations,
in addition to the items listed in subsection (a), shall submit the following:
1) A
signed and completed application containing the name of the corporation, the
address of its principal place of business, a list of all officers' names, and the
license number for each officer who is licensed as a broker or managing broker
in Illinois;
2) A
copy of the Articles of Incorporation bearing the seal of the office, in the
jurisdiction in which the corporation is organized, whose duty it is to register
corporations under the laws of that jurisdiction. In addition, a foreign
corporation must submit a copy of the certificate of authority to transact
business in this State filed with the SOS;
3) All
unlicensed officers shall submit affidavits of non-participation in a format
provided by the Division;
4) A
list of all shareholders, the number of shares of the corporation owned by each
shareholder and the license number for each shareholder who is a licensee in
Illinois; and
5) No
corporation shall be granted a license if any non-participating owner or
officer is currently barred from real estate practice because of a suspended or
revoked license.
d) Limited
liability companies, in addition to the items listed in subsection (a), shall
submit the following:
1) A
signed and completed application containing the name of the limited liability
company and the address of its principal place of business; and
A) If
member-managed, a list of all members' names and the license number for each
member who is licensed as a broker or managing broker in Illinois; or
B) If
manager-managed, a list of all managers' names and the license number for each
manager who is licensed as a broker or managing broker in Illinois;
2) If a
member or manager is an entity, the applicant shall provide a list of all
members' or managers' names and the license number for each owner, officer,
manager, member, or partner of the entity who is licensed as a broker or
managing broker in Illinois;
3) A
copy of the Articles of Organization filed with the SOS. In addition, a
foreign limited liability company must submit a copy of the application for
admission to transact business filed with the SOS;
4) All
unlicensed members, including a member entity's owner, officer, member, or
partner, shall submit affidavits of non-participation in a format provided by
the Division; and
5) No
limited liability company shall be granted a license if any non-participating
member or manager is currently barred from real estate practice because of a suspended
or revoked license.
e) Partnerships,
in addition to the items listed in subsection (a), shall submit the following:
1) A
signed and completed application containing the name of the partnership, the
address of its principal place of business, a list of all general partners'
names, and the license number for each general partner who is licensed as a
broker or managing broker in Illinois;
2) An
affidavit stating that the partnership has been legally formed;
3) If a
sponsoring broker, acting as a partnership, operates under any name other than
that appearing on the sponsoring broker's license, the sponsoring broker shall
submit to the Division a copy of the filing or certificate authorizing it to do
business under an assumed name from the SOS and a certified copy of the
sponsoring broker's registration under the Assumed Business Name Act [805 ILCS
405]. The assumed business name registration shall be obtained in each county
in which the assumed business name is used;
4) All
unlicensed partners shall submit affidavits of non-participation in a format
provided by the Division; and
5) No
partnership shall be granted a license if any non-participating partner is
currently barred from real estate practice because of a suspended or revoked
license.
f) Limited
partnerships or limited liability partnerships, in addition to the items listed
in subsection (a), shall submit the following:
1) A
signed and completed application containing the name of the limited partnership
or limited liability partnership, the address of its principal place of
business, a list of all partners' names, and the license number for each
partner who is licensed as a broker or managing broker in Illinois. If a partner is an entity, the applicant
shall provide a list of all
partners' names and the license number for
each owner, officer, manager, member, or partner of the entity who is
licensed as a broker or managing broker in Illinois;
2) A
letter of authority from the SOS or, if it is a foreign limited partnership or
foreign limited liability partnership, a copy of the application for admission
endorsed by the SOS;
3) All
unlicensed partners shall submit affidavits of non-participation in a format
provided by the Division; and
4) No
limited partnership or limited liability partnership shall be granted a license
if any non-participating partner is currently barred from real estate practice
because of a suspended or revoked license.
g) After
receipt and approval of the application, required fee and appropriate
documentation, the Division shall issue a license to the corporation, limited
liability company, partnership, limited partnership, or limited liability
partnership, or shall notify the applicant of the basis for denial.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.610 PLACE OF BUSINESS; OFFICE AND VIRTUAL OFFICE REQUIREMENTS
Section 1450.610 Place of
Business; Office and Virtual Office Requirements
A licensee's place of business shall be the physical office
or virtual office of the licensee's sponsoring broker.
a) Each
sponsoring broker shall register all physical or virtual office locations with
the Division in a format provided by the Division.
b) Physical
Offices
1) An
office is any fixed business location or physical structure that is owned,
controlled, operated, or maintained by a licensee who, at that business
location or structure, is:
A) Engaging
in licensed activities;
B) Offering
real estate services to consumers;
C) Holding
out to the public that the licensee is engaging in licensed activities;
D) Maintaining
original real estate documents and records related to active or pending
transactions;
E) Maintaining
current escrow records;
F) Maintaining
any record related to special accounts; or
G) Meeting
consumers for the purpose of engaging in licensed activities.
2) The
following places do not constitute a physical or fixed office. These places are
provided as examples and are not intended to be inclusive or exclusive of other
places:
A) A
motor vehicle primarily used for transportation;
B) A
place that is solely devoted to advertising real estate matters of a general
nature or to making a sponsoring broker's business name generally known (e.g.,
trade show, expo);
C) A
place that a licensee uses solely for storage or archiving of records;
D) A
licensee's residence, unless it is held out to the public as a location where
the person is engaging in licensed activities and satisfies all other
requirements for an office; or
E) A post
office box, mail drop location or other similar facility.
c) Virtual
Offices
1) A
virtual office is an office from which real estate brokerage services are
provided, without a dedicated office space or fixed physical location, under
the supervision of the designated managing broker, and that is owned,
controlled, operated, or maintained by a licensee who is:
A) Engaging
in licensed activities;
B) Offering
real estate services to consumers;
C) Holding
out to the public that the licensee is engaging in licensed activities;
D) Maintaining
real estate documents and records related to active, pending and completed
transactions, securely stored in the format in which they were originally
created, sent, or received. Documents originally created in physical form may
be converted to an electronic format only if the content is not altered;
E) Maintaining
current escrow records that are securely stored in the format in which they
were originally created, sent, or received;
F) Maintaining
any record related to special accounts, securely stored in the format in which
they were originally created, sent, or received;
2) A
nonresident broker who is licensed in Illinois by examination or pursuant to
the provisions of Section 5-60 or 5-60.6 of the Act may operate a virtual
office in the State subject to all requirements of the Act and this Part.
3) A
virtual office shall have a digital infrastructure facilitating the transaction
of business, communications, advertising, and real estate services through a
virtual office website, URL, or other digital platform. Through this website
or digital platform, the general public is invited to transact business and it
is utilized to conduct the communication, advertising, and real estate services
related to that business. The virtual website, URL or digital platform shall
be registered in a format provided by the Division and shall:
A) Display
a current registry of all sponsored licensees and their corresponding license
numbers registered with the Division as set forth in Section 1450.730;
B) Display
the city or geographic location and state where real estate brokerage services
are offered;
C) Display
contact information for the designated managing broker, including name, license
number, valid phone number and email address. If the sponsoring broker has
multiple designated managing brokers, display each designated managing broker's
contact information and the name and license number of the licensees they
supervise;
D) Maintain
a secure intranet or secure portal that is accessible by employees, independent
contractors, licensees and, upon request, the Division. The intranet or portal
shall include the following:
i) Electronic
records, securely stored in the format they were originally created, sent, or
received, and made accessible for inspection by the Division in a secure
electronic format. Documents originally created in physical form may be
converted to an electronic format only if the content is not altered;
ii) An
updated registry of sponsored licensees, their designated managing brokers,
identification of additional office locations registered with the Division, and
the licensees associated with those offices; and
E) Comply
with all advertising requirements under Section 1450.715 and 1450.720.
4) Service
of Process. For those licensees who maintain a virtual office, a valid
physical address in Illinois for the sponsoring broker must be provided to the
Department for service of process. If licensees do not maintain a physical
address in Illinois, an entity that is an applicant or licensee may utilize the
same address provided to the SOS for its registered agent in Illinois.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
| SUBPART G: COMPENSATION AND BUSINESS PRACTICES
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.700 SPONSORING BROKER RESPONSIBILITIES
Section 1450.700 Sponsoring Broker Responsibilities
a) The
sponsoring broker, other than a sole proprietor with no other sponsored
licensees, shall establish a written company policy and remain ultimately
responsible for compliance with Section 10-55 of the Act and Section 1450.705.
The sponsoring broker shall name a designated managing broker who will be
responsible for the oversight of every office. The designated managing broker
shall have the authority to act on behalf of the sponsoring broker.
b) A
sponsoring broker may delegate to unlicensed personnel, including but not
limited to accountants, office managers, or unlicensed assistants (see Section
1450.740), activities or duties not prohibited by the Act or this Part. Any
licensee who supervises unlicensed personnel shall be responsible for the
unlicensed person's actions, in accordance with Sections 1450.705(b) and
1450.740(d).
c) The
sponsoring broker shall inform the Division in writing of the name and license
number of all designated managing brokers employed by the sponsoring broker and
the offices each designated managing broker is responsible for managing.
d) The
sponsoring broker is ultimately responsible for maintaining a registry of
sponsored licensees. If the sponsoring broker maintains no physical office,
the registry shall be included on a virtual office website or digital platform.
e) No
fewer than 14 days prior to a sponsoring broker ceasing operations, the
sponsoring broker shall provide written notice to all sponsored licensees to
allow the sponsored licensees to secure new sponsoring brokers and shall
provide written notice to all active clients to allow the clients to secure
brokerage agreements with new sponsoring brokers.
f) Any
violation of the Act by any licensees employed by or associated with a
sponsoring broker, or by any unlicensed assistant or other unlicensed employee
of a sponsoring broker, shall not be cause for suspension or revocation of a
sponsoring broker's license, unless a sponsoring broker had knowledge of a
violation of the Act. A sponsoring broker's failure to provide an appropriate
written company policy or failure to properly supervise shall be cause for
discipline, including suspension or revocation, of the sponsoring broker's
license.
g) All
provisions of this Section shall apply to self-sponsored managing broker licensees.
(Source: Amended at 45 Ill. Reg. 2851,
effective February 23, 2021)
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.705 DESIGNATED MANAGING BROKER RESPONSIBILITIES AND SUPERVISION
Section 1450.705 Designated Managing Broker
Responsibilities and Supervision
a) All designated
managing brokers shall notify the Division, within 24 hours, in a format
provided by the Division, of any change of business address of the offices they
manage.
b) A designated
managing broker shall supervise the activities of licensees and unlicensed
assistants working in offices managed by the designated managing broker. Supervision
of activities includes, but is not limited to:
1) Implementing
and training on company policies and procedures established by the sponsoring
broker;
2) Training
of all sponsored licensees and unlicensed assistants;
3) Supervising
and assisting licensees in real estate transactions;
4) Supervising
special accounts over which the sponsoring broker has delegated responsibility
to the designated managing broker in order to ensure compliance with the
special account provisions of the Act and this Part;
5) Supervising
all advertising, in any medium, of any service for which a license is required;
6) Familiarizing
sponsored licensees with the requirements of federal and State laws and local
ordinances relating to licensed activities; and
7) Compliance
with this Part by licensees and unlicensed assistants supervised by the designated
managing broker and by any offices under their management.
c) A
designated managing broker shall have specific supervisory duties related to
broker licensees who have received their initial broker's license but have not
successfully completed their 45 hours of post-license education in accordance
with the Act and Sections 1450.410 and 1450.460. These duties include:
1) Direct
oversight and handling of all escrow moneys, including earnest money and
security deposits.
A) The
designated managing broker must have an established procedure for delivery of
earnest money, in tangible form, directly from the new broker licensee to the
designated managing broker for proper handling (see Section 1450.750); or
B) When
payment of escrow moneys is being made electronically, the designated managing
broker shall be directly responsible for the handling and oversight of
electronically transferred funds (see Section 1450.750).
2) Direct
involvement and oversight during contract negotiations involving the purchase,
sale, or lease of real estate in conjunction with real estate activities for
which a license is required. During an audit or an investigation, oversight
must be provided in a manner that can be effectively demonstrated to the
Division.
3) Direct
supervision and approval of all advertising or marketing materials proposed by
the new broker licensee.
d) Under
the supervision of the designated managing broker, new broker licensees who have
not successfully completed the 45-hour post-license education requirement shall
have no authority to bind the sponsoring broker to any contract or agreement.
e) Any
violation of the provisions of the Act by any licensees employed by or
associated with the sponsoring broker, or any unlicensed assistant or other
unlicensed employee of a sponsoring broker, shall not be cause for suspension
or revocation of a designated managing broker's license, unless a designated managing
broker had knowledge of a violation of the Act. The designated managing
broker's failure to provide an appropriate written company policy or failure to
properly supervise shall be cause for discipline, including suspension or
revocation, of the designated managing broker's license.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.710 DISCRIMINATION
Section 1450.710
Discrimination
a) No licensee shall enter into a listing agreement that
prohibits the sale or rental of real estate to any person because of race,
color, religion, national origin, sex, ancestry, age, marital status, physical
or mental disability, familial status, pregnancy, sexual orientation, including,
but not limited to, gender identity, military status, unfavorable discharge
from the military service, order of protection status, immigration status,
source of income, arrest record, or any other class protected by Article 3 of
the Illinois Human Rights Act [775 ILCS 5].
b) No licensee shall perform licensed activities with respect to
any real estate for which disposition is prohibited to any person because of
race, color, religion, national origin, sex, ancestry, age, marital status,
physical or mental disability, familial status, pregnancy, sexual orientation, including,
but not limited to, gender identity, military status, unfavorable discharge
from the military service, order of protection status, immigration status, source
of income, arrest record, or any other class protected by Article 3 of the
Illinois Human Rights Act.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.715 ADVERTISING
Section 1450.715 Advertising
a) Deceptive and misleading advertising includes, but is not
limited to, the following:
1) Advertising property subject to an exclusive listing agreement
with a sponsoring broker, other than the licensee's sponsoring broker, without
the permission and identification of the sponsoring broker with the exclusive
listing;
2) Use of terms in a team name that are inherently misleading (e.g.,
company, realty, real estate, agency, associates, brokers, properties, property),
unless the term is followed by the word "team".
3) Failing to remove advertising of a listed property within a
reasonable time, considering the nature of the advertising, the licensee's
control over the removal of the advertising, the ease of removing the
advertising, knowledge that the advertising was continuing, and any other
pertinent criteria, after the closing of a sale on the listed property or the
expiration or termination of the listing agreement, whichever occurs first;
4) Advertising property at auction as an absolute auction or
auction without reserve, when a minimum bid or opening bid is required;
5) Advertising property in a manner that creates a reasonable
likelihood of confusion regarding the permitted use of the property; and
6) Engaging in:
A) Phishing;
B) Using URL, domain name, username, social media handle, metatag,
keyword or other device or method intended to deceptively direct, drive or
divert internet traffic; or
C) Misleading consumers.
b) All advertising must include the sponsoring broker's name and
conform to the following requirements:
1) For purposes of this Part, a logo, emblem, label, trademarked
image, or similar identification used by the sponsoring broker is not
considered a part of the sponsoring broker's name unless it contains the
sponsoring broker's name.
2) Any advertising that meets one of the following shall be
considered in compliance with this Part:
A) The font size used for the letters in the sponsoring broker's
name is as large or larger than the letters used in the team name or individual
licensee name;
B) The area, in terms of the height and width containing the
sponsoring broker's name, is as large or larger than the area, in terms of
height and width, than that of the team name or individual licensee name; or
C) Any logo, emblem, label, trademarked image, or similar
identification incorporating the sponsoring broker's name, is as large or
larger than that of the team name or individual licensee name.
c) For the purposes of this Section and Section 1450.720, listing
information available on a sponsoring broker's or other licensee's website,
extranet or similar website, but behind a firewall or similar device requiring
a password, registration, or other type of security clearance to access, shall
not be considered advertising.
d) For the purposes of this Section and Section 1450.720,
unsolicited marketing of licensed activities and prospecting for clients by
licensees shall be considered advertising.
e) Nothing in Section 10-30 of the Act shall require a sponsoring
broker to include the name of one of its sponsored licensees on the sponsoring
broker's signs or other advertising.
f) Licensees
registered with the Division as designated managing brokers shall indicate that
status in any marketing or advertising that includes their name, except on "For
Sale" or similar signs placed on real property, as set forth in Section
10-30(g) of the Act. Licensees holding a managing broker license and not named
as the designated managing broker with the Division may represent or hold
themselves out as a managing broker, but not as a designated managing broker.
g) Advertising
for a real estate auction must contain, when applicable, the name and address
of:
1) The licensed broker or
managing broker;
2) The licensed auctioneer, as defined in
Section 5-20(13) of the Act;
3) The licensed auctioneer and any individual
holding a real estate auction certification; or
4) The licensed broker or
managing broker and any individual holding a real estate auction certification,
who is not otherwise exempt under Section 5-20(13) of the Act.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.720 DIGITAL OR ELECTRONIC ADVERTISING AND COMMUNICATION
Section 1450.720 Digital or Electronic Advertising and
Communication
a) For
purposes of this Section:
1) "Advertising"
or "Marketing Real Property" means use of a website, digital
platform, or any form of social media to disseminate:
A) Information
regarding properties listed with a sponsoring broker;
B) The
identity of that sponsoring broker or the individual licensee for each property;
and
C) Information
related to those properties.
2) "Advertising"
or "Marketing of Licensed Activities" means a website, digital
platform, or any form of social media that includes an offer or solicitation to
provide licensed activities in connection with marketing or identifying real
property for sale or lease.
3) "Scraping
or Data Mining" means copying or extracting existing listing information
or keywords from a website, digital platform, or any form of social media of
another licensee and using or altering that material and posting or displaying it
for the benefit of the general public on another digital platform, form of
social media, or in front of a firewall on another website, without written or
electronic permission and disclosure from the original listing licensee.
b) Sponsoring
Broker's Advertising or Marketing Real Property
1) A
sponsoring broker having permission to advertise or market real property must
include the following information on the website, digital platform, or any type
of social media where the sponsoring broker's advertisement or marketing
appears:
A) The sponsoring
broker's name;
B) The
city or geographic area and state or country where the property being
advertised or marketed is located;
C) The
city and state where the sponsoring broker's physical principal office or other
offices registered with the Division are located or a direct link that connects
to the sponsoring broker's virtual office, website, or digital platform; and
D) If the
sponsoring broker does not hold a real estate license for the jurisdiction
where the property is located, the regulatory jurisdictions where the
sponsoring broker does hold a real estate license.
2) When
a sponsoring broker is advertising a property that is subject to an exclusive
listing agreement with another sponsoring broker, the sponsoring broker seeking
to advertise the property shall obtain permission from, and identify in the
advertisement, the sponsoring broker with the exclusive listing.
c) Sponsoring
Broker's Advertising or Marketing of Real Estate Services
A sponsoring broker advertising or
marketing licensed activities or soliciting business in connection with
licensed activities must include the following information:
1) The sponsoring
broker's name; and
2) The
city and state where the sponsoring broker's physical principal office or other
offices registered with the Division are located or a direct link that connects
to the sponsoring broker's virtual office, website, or digital platform.
d) Licensee's
Advertising or Marketing Real Property
Any licensee with permission to
advertise or market real property must include the following information on the
electronic location where the licensee's advertisement or marketing appears:
1) The
licensee's name as licensed with the Division or, if applicable, the name
registered with the Division (see Section 1450.150(b)). If the licensee is
part of a team, the team name may be substituted for the individual licensee's
name;
2) The
city or geographic area and state or country where the property being
advertised or marketed is located;
3) The sponsoring
broker's name;
4) The
city and state where the sponsoring broker's physical office registered with
the Division is located or, in the case of a virtual office, a direct link that
connects to the sponsoring broker's virtual office website or digital platform;
and
5) If
the licensee does not hold a real estate license for the jurisdiction where the
property is located, the regulatory jurisdictions where the licensee does hold
a real estate license.
e) Licensee's
Advertising or Marketing of Real Estate Services
A licensee advertising, marketing,
or soliciting business in connection with licensed activities must include the
following information:
1) The
licensee's name as licensed with the Division or, if applicable, the name
registered with the Division (see Section 1450.150(b)). If the licensee is
part of a team, the team name may be substituted for the individual licensee's
name;
2) The sponsoring
broker's name; and
3) The
city and state where the sponsoring broker's physical office registered with
the Division is located or, in the case of a virtual office, a direct link that
connects to the sponsoring broker's virtual office website or digital platform.
f) Sponsoring
Broker − Electronic or Digital Communication
A sponsoring broker engaged in
licensed activities using any electronic or digital means of communicating must
include the following information in the initial communication with a member of
the public or another licensee:
1) The sponsoring
broker's name; and
2) The
city and state where the sponsoring broker's principal physical office or other
offices registered with the Division are located or a direct link that connects
to the sponsoring broker's virtual office website or digital platform.
g) Licensee −
Electronic or Digital Communication
A licensee engaged in licensed
activities using any electronic or digital means of communication must include the
following information in the initial communication with a member of the public
or another licensee:
1) The
licensee's name as licensed with the Division or, if applicable, the name
registered with the Division (see Section 1450.150(b)). If the licensee is
part of a team, the team name may be used in addition to the individual
licensee's name;
2) The
sponsoring broker's name; and
3) The
city and state where the sponsoring broker's physical office registered with
the Division is located or, in the case of a virtual office, a direct link that
connects to the sponsoring broker's virtual office website or digital platform.
h) A
sponsoring broker or other licensee may link to listing information from
another electronic or digital location without approval unless the owner of that
electronic or digital location specifically requires consent. Any link must
not mislead or deceive the public as to the ownership of any listing
information.
i) All
licensees, including sponsoring brokers, shall periodically review advertising
and marketing information on their websites or digital platforms and update the
information as necessary to assure that the information is current and not
misleading.
j) All
licensees, including sponsoring brokers, using websites or digital platforms
for advertising must provide a direct link:
1) To
all required disclosures relating to the sponsoring broker's name and other
relevant business information; and
2) All
terms and conditions of any offers or inducements made pursuant to Section
10-15(c) and (d) of the Act.
k) A
domain name, URL, username, or social media handle does not constitute
advertising.
(Source: Amended at 45 Ill. Reg. 2851,
effective February 23, 2021)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.725 OFFICE IDENTIFICATION
Section 1450.725 Office Identification
a) An
identification sign on the outside of any physical office shall be of a size
and nature that is reasonably readable by the public, shall be affixed to the
office, and shall contain the sponsoring broker's name. Building directory
listings that contain this information fulfill the requirements of this
Section.
b) The
identification sign must be plainly visible from an area accessible to the
public.
c) For a
virtual office, the website or digital platform shall contain the sponsoring
broker's name and satisfy all advertising requirements set forth in Sections
1450.715 and 1450.720.
(Source: Amended at 45 Ill. Reg. 2851,
effective February 23, 2021)
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.730 OFFICE REGISTRY REQUIREMENTS
Section 1450.730 Office Registry Requirements
a) The
license or copy of the license for all sponsored licensees must be readily
available to the public in the sponsoring broker's physical office or available
through some electronic means provided by the sponsoring broker.
b) For a
virtual office, this requirement is met by prominently displaying a registry of
all sponsored licensees on the sponsoring broker's virtual office website or
digital platform. The registry shall include all sponsored licensees registered
with the Division and their corresponding license numbers. Designated managing
brokers must be identified as set forth in Section 1450.610(d)(2)(D).
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.735 EMPLOYMENT OR INDEPENDENT CONTRACTOR AGREEMENTS
Section 1450.735 Employment or Independent Contractor Agreements
a) Every
sponsoring broker shall have a written employment or independent contractor agreement
with each sponsored licensee. Self-sponsoring designated managing brokers
shall not be required to have an employment agreement with themselves but shall
have a written employment or independent contractor agreement with each
sponsored licensee.
b) The written
employment or independent contractor agreement shall be dated and signed by the
parties. The employment or independent contractor agreement shall include, at
a minimum, the terms of the employment or independent contractor relationship,
including, but not limited to, the statutorily required supervision, duties,
compensation, duration, and procedure for termination. The term
"duration", as used in this subsection, is not intended to require a
specific termination date, but rather to allow the parties to negotiate the terms
of the employment agreement, such as "at will" or a specific length
of time, and how the employment or independent contractor agreement is renewed
or terminated. These terms shall be included in the employment or independent
contractor agreement.
c) If a
written agreement provides for an independent contractor relationship that
clearly establishes the relationship, the specific provisions of the Act shall
control for purposes of a licensee's conduct of brokerage activities.
d) The
sponsoring broker shall provide, to each sponsored licensee, a physical or
electronic copy of the fully signed employment or independent contractor agreement
and any modifications to that document.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.740 UNLICENSED ASSISTANTS
Section 1450.740 Unlicensed Assistants
a) Licensees
may utilize the services of unlicensed assistants to assist them with
administrative, clerical, or personal activities for which a license under the
Act is not required. Compensation for unlicensed assistants cannot be
transaction based.
b) An
unlicensed assistant, under the supervision of a licensee, may engage in the
following activities. This list is not intended to increase or decrease the
scope of licensed activities.
1) Answer
the telephone, receive inquiries, and forward messages and inquiries to a
licensee;
2) Submit
listing data and changes to a multiple listing service;
3) Follow
up on a transaction after a contract has been signed;
4) Assemble
documents for a closing;
5) Obtain
public information from any government source (e.g., a courthouse, sewer
district, water district or other repository of public information);
6) Have keys
made or secure entry codes for a listing;
7) Draft
advertising copy and promotional materials for approval by a licensee or, in
the case of a new broker licensee who has not successfully completed the
45-hour post-license education, with the approval of the designated managing
broker;
8) Place
advertising;
9) Record
and deposit earnest money, security deposits and rents at the direction of, and
with approval by, the designated managing broker;
10) Complete
contract forms with business and factual information at the direction and
approval of a licensee or, in the case of a new broker licensee who has not
successfully completed the 45-hour post-license education, with the approval of
the designated managing broker;
11) Monitor
licenses and personnel files;
12) Compute
commission checks and perform bookkeeping activities;
13) Place
signs on property;
14) Prepare
and distribute promotional information under the direction and approval of a
licensee or, in the case of a new broker licensee who has not successfully
completed the 45-hour post-license education, with the approval of the
designated managing broker;
15) Schedule
appointments for the licensee (this does not include making phone calls,
telemarketing or performing other activities to solicit business on behalf of
the licensee);
16) Respond
to questions by quoting directly from published information;
17) Sit
at a property for a broker tour that is not open to the public;
18) Gather
feedback on showings; and
19) Provide
concierge services and other similar amenities to existing tenants.
c) An
unlicensed assistant of a licensee may not perform licensed activities,
including, but not limited to:
1) Hosting
open houses, kiosks, or home show booths or fairs;
2) Showing
property;
3) Interpreting
information regarding listings, titles, financing, contracts, closings, or
other information relating to a transaction;
4) Explaining
or interpreting a contract, listing, lease agreement or other real estate
document for or with anyone; or
5) Negotiating
or agreeing to any commission, commission split, management fee or referral fee
on behalf of a licensee.
d) Any
licensee who supervises an unlicensed assistant shall be responsible for the
unlicensed assistant's acts or omissions. Any licensee who permits, aids,
assists or allows an unlicensed assistant to perform any licensed activities
shall be in violation of the Act.
e) A
licensee is prohibited from acting as an assistant, as provided for in this
Section, for any licensee other than the licensee's sponsoring broker or a
licensee sponsored by the same sponsoring broker.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.745 BUSINESS ENTITY FOR DIRECT PAYMENT OF COMPENSATION
Section 1450.745 Business
Entity for Direct Payment of Compensation
a) Every sponsored licensee who forms a business entity as set
forth in Section 10-20(e) of the Act, for the purpose of receiving the
sponsored licensee's compensation, shall submit to the Division copies of the
Articles of Incorporation or Organization or authority to conduct or transact
business in Illinois issued by the SOS.
b) For purposes of this Section, a "business entity" must
be owned solely by the licensee or together with the licensee's spouse, but
only if the spouse and licensee are both licensed and sponsored by the same
sponsoring broker, or the spouse is not also licensed.
c) A sponsoring broker, regardless of whether they have an
employment or independent contractor agreement with a licensee, may pay
compensation directly to a business entity formed pursuant to Section 10-20(e)
of the Act.
d) The business entity that receives compensation from a
sponsoring broker may not:
1) Be
licensed under the Act;
2) Perform
licensed activities;
3) Sponsor,
employ or associate itself with other licensees; or
4) Hold itself out to the public, or advertise to the public,
under the business entity's legal or assumed name.
e) The business entity formed pursuant to Section 10-20(e) of the
Act, may receive compensation earned by the licensees arising out of activities
unrelated to licensed activities.
(Source: Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.750 SPECIAL ACCOUNTS
Section 1450.750 Special Accounts
a) Escrow Moneys Defined
1) "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 mutual
benefit of the parties to the transaction. A transaction exists once an
agreement has been reached and an accepted real estate contract is signed, or a
lease is agreed to by the parties. Escrow moneys include 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 or sold and for which the security deposit is being held.
2) As
set forth in the terms of a written agreement between a licensee and a client,
such as a property management agreement, rent moneys paid to a licensee for
transmittal to the licensee's client (e.g., the owner) shall not be considered
to be "escrow moneys". In addition, other moneys held in a custodial
account by a licensee for transmittal to a licensee's client, as set forth in
the terms of a written agreement, such as a contract for deed, shall not be
subject to this Section. For purposes of this Section, "in writing"
or "written" can mean by physical or electronic means.
3) Earnest
money constitutes escrow moneys whether in the form of personal checks,
cashier's checks, money orders, cash, or any other forms of legal tender,
including legally recognized cryptocurrencies.
b) Escrow
Accounts. As set forth in Section 20-20(a)(17) of the Act, sponsoring brokers
who accept escrow moneys shall maintain and deposit in a special account
(hereinafter referred to as an escrow account), separate and apart from
personal or other business accounts, all escrow moneys entrusted to the
sponsoring broker while acting as a licensee, escrow agents or temporary
custodians of the funds of others.
1) The
escrow accounts shall be non-interest bearing, unless the character of the
deposit is such that payment of interest on the escrow account is otherwise
required by law or unless the principals to the transaction specifically
require, in writing, that the deposit be placed in an interest bearing account.
2) If
an interest bearing account is required, the recipient of the interest shall be
specified, in writing, by the principals of the transaction.
3) A
sponsoring broker may maintain more than one escrow account.
4) Every
escrow account, whether interest bearing or non-interest bearing, shall be
maintained at a federally insured depository.
5) Commingling
Prohibited. Each sponsoring broker shall deposit only escrow moneys received in
connection with real estate transactions in an escrow account. The sponsoring
broker shall not deposit personal funds in an escrow account, except the
sponsoring broker may deposit from the sponsoring broker's own personal funds,
and keep in any escrow account, an amount sufficient to avoid incurring service
charges relating to the escrow account. The sum shall be specifically
documented as being for service charges and the sponsoring broker shall have
proof available that the amount of the sponsoring broker's own funds in the
escrow account does not exceed the minimum amount required by the depository to
maintain the account without incurring service charges. Transfer of funds as set
forth in subsection (i)(4) shall not constitute commingling.
c) The
sponsoring broker shall provide a receipt to the payor of any cash constituting
escrow funds and shall retain a physical or electronic copy of the receipt.
d) Time
of Deposit of Escrow Moneys
1) All
escrow moneys accepted by a sponsoring broker shall be placed in the sponsoring
broker's escrow account no later than the next business day:
A) Following
the transaction, as defined in Section 1450.100; or
B) After
receipt of the escrow money, per the terms of the contract.
2) If the
funds are received on a day prior to a bank holiday, or any other day on which
the bank is closed, the funds shall then be deposited on the next business day
the depository is open.
e) A
sponsoring broker serving as escrow agent shall notify all principals in
writing if:
1) A principal fails to
tender escrow moneys;
2) A
principal's payment of escrow moneys is dishonored by the financial institution
on which it was drawn; or
3) It
appears from the signed contract that the amount of escrow moneys deposited is
deficient.
f) Maintenance
of Escrow Moneys on Deposit in Escrow Account. The sponsoring broker shall
keep all escrow moneys on deposit in an escrow account until a transaction is
consummated or terminated, except to the extent that such escrow moneys, or any
part of the escrow moneys, shall be disbursed according to the provisions set
forth in subsection (g).
g) Disbursement
of Escrow Moneys. Once the payor's depository has honored the deposit of
escrow funds, the sponsoring broker shall disburse escrow moneys according to
the following requirements, as set forth in Section 20-20(a)(17) of the Act:
1) The
sponsoring broker must disburse escrow moneys upon consummation or termination
of the transaction. The actual terms of the contract regarding the release of
the escrow moneys shall be adhered to by the sponsoring broker holding these
escrow moneys. The disbursement must be according to the terms of the contract
and must be:
A) Made
not later than the next business day following the sponsoring broker's receipt
of notice of the consummation or termination of the transaction or
B) Otherwise
disbursed in accordance with the written direction of all principals to the
transaction or their duly authorized agents.
2) Commissions
and/or fees earned by a sponsoring broker in any transaction shall be disbursed
by that sponsoring broker from the funds deposited in an escrow account no
earlier than the day the transaction is consummated or terminated and not later
than the next business day after the transaction is consummated or terminated
or otherwise in accordance with the written direction of all principals to the
transaction or their duly authorized agents.
3) Authorized
disbursements are those that are made on behalf of, and at the written
direction of, all principals to the transaction or their duly authorized
agents.
4) A
sponsoring broker shall not withhold, for any period of time, an authorized
disbursement of escrow moneys due to any claim for a commission or compensation
to any licensee.
5) Transfer
of escrow moneys to the closing agent for the transaction may be made up to 2
business days prior to the scheduled closing.
6) As
set forth in Section 20-20(a)(17)(A)(i) of the Act, if, prior to the
consummation or termination of the transaction, the sponsoring broker receives
written direction from all of the principals to the transaction or their duly
authorized agents agreeing to a disbursement of the escrow moneys, that sponsoring
broker must disburse the escrow moneys according to the written directions. The
disbursement must be made not later than the next business day following the
sponsoring broker's receipt of the last required written direction.
7) The
sponsoring broker may release escrow moneys as set forth in Section
20-20(a)(17)(A)(ii) of the Act that allows a sponsoring broker to disburse
escrow moneys prior to the consummation or termination of the transaction in
accordance with directions providing for the release, payment or distribution
of escrow moneys contained in any written contract signed by the principals to
the transaction or their duly authorized agents. The actual terms of the
contract regarding the release of the escrow moneys shall be adhered to by the
sponsoring broker holding these escrow moneys. For example, parties to a
transaction sign a contract to purchase that includes language allowing the
earnest money to be disbursed by the sponsoring broker if the transaction does
not close as provided for in the contract if the sponsoring broker:
A) Provides
written notice to the parties as required by the contract at least 14 days
prior to the intended disbursement of the earnest moneys;
B) Indicates
how the sponsoring broker intends to disburse the earnest money; and
C) Indicates
the date that the sponsoring broker must receive the parties' written objections
to the proposed disbursement.
8) As
set forth in Section 20-20(a)(17)(A)(iii) of the Act and notwithstanding any
other requirements or responsibilities in this Part, if the sponsoring broker
receives an order from a court of competent jurisdiction providing for the
disbursement of the escrow moneys, that sponsoring broker must disburse the
escrow moneys according to the terms of the court order.
9) For
the purposes of this Section, "duly authorized agent" shall mean an
attorney-in-fact, attorney-at-law who represents one of the principals to the
transaction, or any other person the licensee can demonstrate was authorized to
act on behalf of a principal to the transaction.
h) Disputes Regarding
Escrow Moneys
1) In
the event of a dispute in writing over the return or forfeiture of any escrow
moneys held by the sponsoring broker or if a sponsoring broker has actual
knowledge that any party to a transaction contests or disagrees with an
anticipated disbursement of escrow moneys held by that sponsoring broker, the
sponsoring broker shall continue to hold the deposit in the sponsoring broker's
escrow account until:
A) The
sponsoring broker has a written release from all parties or their duly
authorized agents consenting to the disposition, in which case the escrow
moneys must be disbursed according to the terms of the written direction no
later than the next business day after the sponsoring broker's receipt of the
last required written release;
B) A
civil action is filed, by either the sponsoring broker or one of the parties to
the transaction, to determine its disposition, at which time the escrow money
may be deposited with the court;
C) The
funds are turned over to the State Treasurer or such other appropriate State
agency or officer designated under the Act or the Revised Uniform Unclaimed
Property Act [765 ILCS 1026], because of inactivity of the account, inability
to locate the parties, or inability of the parties to reach a resolution.
2) If the
sponsoring broker files an interpleader action and the real estate contract authorizes
the sponsoring broker to withdraw from the escrow account amounts necessary to
reimburse the sponsoring broker for costs and reasonable attorney's fees
associated with the interpleader action, costs and attorney's fees associated
with that sponsoring broker's attempt to collect a commission or fee are
excluded.
i) Escrow
Records. Each sponsoring broker who accepts escrow money shall maintain, in the
sponsoring broker's office or place of business, a bookkeeping system in
accordance with sound accounting principles, that shall consist of at least the
following escrow records, whether physical or electronic:
1) Journal.
A journal shall be maintained for each escrow account. The journal shall show
the chronological sequence in which funds are received and disbursed by the
sponsoring broker.
A) For
funds received, the journal shall include the date the funds were received, the
name of the person on whose behalf the funds are delivered to that sponsoring broker
and the amount of the funds delivered.
B) For funds
disbursed, the journal shall include the date of disbursement, the payee, the
check number, if applicable, and the amount disbursed.
C) A
running balance shall be shown after each entry for funds received or disbursed.
2) Ledger.
A ledger shall be maintained for each transaction. The ledger shall show the
receipt and the disbursement of funds affecting a single transaction, such as
between buyer and seller or landlord and tenant, or among the respective
parties. The ledger shall include the names of all parties to a transaction,
the amount of funds received by the sponsoring broker and the date of receipt. The
ledger shall show the date of any disbursement, the payee, the check number, if
applicable, and the amount disbursed. The ledger shall segregate one
transaction from another transaction. There shall be a separate ledger or
separate section of each ledger, as the sponsoring broker elects, for each type
of real estate transaction (e.g., lease). If the ledger and journal are
computer generated from the same data entry, the sponsoring broker must
maintain copies of the bank deposit slips, bank disbursement slips, other bank
receipts, or electronic records to account for the data on the ledger.
3) Monthly
Reconciliation Statement. Each sponsoring broker shall reconcile, within 10
days after receipt of the monthly bank statement, each escrow account
maintained by the sponsoring broker, except when there has been no
transactional activity during the previous month. Reconciliation shall include
a written work sheet comparing the balances as shown on the bank statement, the
journal, and the ledger, respectively, in order to insure agreement between the
escrow account, the journal and the ledger entries for the escrow account. Each
reconciliation shall be kept for at least 5 years from the last day of the
month covered by the reconciliation.
4) If
escrow moneys are transferred from an escrow account to another account for
disbursement, the sponsoring broker must maintain a physical or electronic copy
of all records reflecting a disbursement from the other account.
5) Master
Escrow Account Log. Each sponsoring broker shall maintain a Master Escrow
Account Log identifying all escrow bank account numbers and the name and
address of the bank where the escrow accounts are located. The Master Escrow
Account Log must specifically include all bank account numbers opened for
individual transactions, even if account numbers fall under another umbrella
account number.
6) A
sponsoring broker may employ a more sophisticated bookkeeping system based on
sound accounting principles, including a system utilizing electronic data. Any
system must contain or produce printed records containing the information
required by this Section, although it need not be in the same format as
provided for in this Section.
7) As
set forth in Section 20-20(a)(18) of the Act, the sponsoring broker shall make
available to the Division, within 24 hours after a request, all escrow records
and related documents maintained in connection with the practice of real estate
and located in the physical or virtual office as set forth in Section 1450.755.
8) Copies
of all Escrow Money Instruments. Except as otherwise provided by law, the sponsoring
broker shall retain copies of all escrow money instruments received from a
principal as part of a transaction, including copies of all personal checks,
cashier's checks, certified checks, money orders, promissory notes, or other
financial instruments. The sponsoring broker shall also retain copies and/or
documentation of all funds disbursed from or transferred in or out of an escrow
account.
9) If
escrow records are lost, stolen, or destroyed, the sponsoring broker must:
A) Report
the loss to the Division's enforcement division within 48 hours; and
B) Immediately
obtain copies of monthly bank statements, deposit and disbursement receipts,
and any other available records to reconstruct the escrow records.
10) A
sponsoring broker may delegate the bookkeeping duties under this Part to
another qualified person, including a designated managing broker, bookkeeper,
accountant, unlicensed assistant, licensed assistant, or sponsored licensee. These
duties must not be delegated to a new broker licensee who has not successfully
completed the 45-hour post-license education. Compliance with bookkeeping
duties remains the responsibility of the sponsoring broker. The sponsoring
broker is ultimately responsible for the proper administration of the escrow
account pursuant to this Part.
j) Sponsored
Licensees. Sponsoring brokers shall institute a company policy to ensure that
sponsored licensees tender escrow moneys received in compliance with this Part.
Sponsored licensees, whether managing brokers, brokers, or residential leasing
agents, may not maintain their own escrow accounts.
k) Offices.
Physical or virtual offices may maintain escrow accounts in compliance with
this Part or may transmit all escrow moneys received to the principal office,
but not to another office.
1) If
the office does maintain escrow accounts, all of the requirements of this Part
apply, including maintaining all required escrow records and submitting all
required escrow forms to the Division.
2) If
the office does not maintain escrow accounts but instead transmits all escrow
moneys received to the principal office, all escrow moneys must be transmitted
by that office to the principal office no later than the next business day
following the transaction. A transaction exists once an agreement has been
reached and an accepted real estate contract is signed, or a lease is agreed to,
by the parties. The office must maintain records showing the date the escrow
moneys were transmitted to the principal office. Funds received by the principal
office from another office shall be placed in the sponsoring broker's escrow
account no later than the next business day following receipt of the funds from
that office.
l) Escrow
Requirements for Property Management Activities. Security deposits remitted to
a sponsoring broker shall be maintained in an escrow account for the duration
of the lease unless the tenant waives this requirement in writing and except if
prohibited by State laws and local ordinances. The waiver, if included in the
lease, shall appear in bold print.
m) Notice
to the Division of the Identity of All Escrow Accounts and the Consent to Examine
and Audit All Accounts
1) Each
sponsoring broker shall, at the time of the original application for licensure,
in a format provided by the Division, include the name of the banks or other
recognized depositories in which each escrow account is maintained, the name of
each account, and the names of the persons authorized to withdraw funds from those
accounts, and shall, as a condition of licensure, consent to the examination
and audit by the Division of all escrow accounts, whether or not the account is
identified on the form.
2) Updated
information shall be submitted by the sponsoring broker to the Division within
10 days after a change of depository, method of doing business, or persons
authorized to make withdrawals.
3) Updated
information shall not be required each time a new escrow account is opened for
an individual transaction when the account falls under an umbrella account that
has already been identified. The identity of each of these individual escrow
accounts must be included in the Master Escrow Account Log required by
subsection (i)(5).
n) If a
licensee, serving as an escrow agent in a transaction, utilizes a third party
service or business to collect, manage, transmit, or disburse earnest money,
the licensee is still responsible for the requirements as stipulated by the Act
and this Part.
o) Violations.
Any licensee who violates this Part may be deemed to have endangered the
public interest under Section 20-20(a)(21) of the Act and may be subject to a
temporary suspension pursuant to Section 20-65 of the Act.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.755 RECORDKEEPING
Section 1450.755 Recordkeeping
a) A sponsoring broker shall keep, or cause to be kept, at the
sponsoring broker's physical or virtual principal office, escrow records,
transaction records, employment agreements and records reflecting the payment
of compensation, as set forth in this Section.
1) Escrow Records for Each Interest Bearing and Non-Interest Bearing
Escrow Account or Account Where Escrow Funds Have Been Deposited. These records
shall include:
A) Journals required by Section 1450.750(i)(1);
B) Monthly bank statements;
C) Ledgers required by Section 1450.750(i)(2);
D) Monthly reconciliations required by Section 1450.750(i)(3); and
E) Master Log of Escrow Accounts required by Section
1450.750(i)(5).
2) The escrow records required by subsection (a)(1) shall be
maintained for 5 years. The sponsoring broker shall ensure that the escrow
records for the immediate prior 2 year period are maintained in the sponsoring
broker's office or place of business and shall be produced within 24 hours after
a request by the Division pursuant to Section 1450.750(i)(7). The balance of
the records can be available at another location and is subject to request by
the Division as set forth in Section 20-20(a)(27) of the Act. Any escrow
records more than 2 years old and stored at a location other than the sponsoring
broker's office, whether physical or virtual, shall be made available for
inspection during normal business hours, through physical or secure electronic
means, as soon as available, but within 30 days after the Division's request.
3) Records relating to transactions shall be retained by the
sponsoring broker physically or electronically.
A) These records might include, but are not limited to, copies of
the following:
i) Residential Property Transactions. Signed contracts,
including offers and counteroffers, written release of escrow funds, written
brokerage agreements whether exclusive or non-exclusive, consent to dual agency
disclosure, notices of designated agency or no agency, written direction for
deposit into interest bearing special account, power of attorney, disclosures
(e.g., lead paint, radon, seller disclosure), closing statements and other
transaction records required to be retained by the Act.
ii) Property Management/Leasing. Any rental finding agreement, property
management agreements, leases, periodic accounting, or statement to the owner
regarding the receipts and disbursements, and any other documents set forth in
subsection (a)(3)(A)(i) that are relevant to the transaction.
iii) Commercial Representation. Tenant or owner representation
agreement, letters of intent, leases, any written modifications to an executed
lease and any other documents set forth in subsection (a)(3)(A)(i) that are relevant
to the transaction.
B) The documents set forth in this subsection (a)(3) are not all
inclusive and are examples of relevant documents to be retained. Any similar
documents pertinent to a particular transaction shall also be retained. Any
information contained on the outside of a physical transaction file shall be
considered part of that file.
C) Transaction records shall be maintained for 5 years. The
sponsoring broker shall ensure that any transaction records involving active or
pending transactions or representation, or transactions in which escrow funds
or moneys belonging to others were received and have not yet been disbursed for
the immediate prior 2 years shall be maintained in the office or place of
business. All transaction records maintained at the office shall be made
available for inspection and audit during normal business hours by the Division
staff no later than 24 hours after a request for escrow records and related
documents. Any transaction records more than 2 years old and stored at a
location other than the sponsoring broker's office, whether physical or virtual,
shall be made available for inspection during normal business hours, through
physical or electronic means, as soon as available but no later than 30 days
after the request.
D) Sponsoring brokers may allow their sponsored licensees to
maintain duplicate transaction records.
4) Employment or independent contractor agreements required by
Section 10-20 of the Act shall be maintained for 5 years after the sponsored
licensee is no longer associated with the sponsoring broker. The sponsoring broker
shall maintain a written employment or independent contractor agreement for
every licensee who is employed by or associated with the sponsoring broker. A
copy of the employment or independent contractor agreement for each sponsored
licensee shall be maintained at the sponsoring broker's office location registered
with the Division.
5) Records reflecting the payment of compensation for the
performance of licensed activities shall be maintained for 5 years.
b) All records may be kept in physical or electronic form. If the
records are kept electronically, the sponsoring broker shall ensure that a back-up
is made at reasonable intervals, but at least once a month, so as to protect
the data. Back-ups can be kept either at the sponsoring broker's office or
offsite.
c) Any disclosure required by the Act, or this Part may be
provided in physical form or, if agreed to by both parties, in electronic
format and may incorporate electronic signatures. Copies of all disclosures,
whether in physical or electronic form, must be retained by the sponsoring
broker.
d) If escrow records are
lost, stolen, or destroyed, the sponsoring broker must:
1) Report
the loss to the Division's enforcement division within 48 hours; and
2) Immediately
obtain copies of monthly bank statements, deposit and disbursement receipts,
and any other available records, to reconstruct the escrow records.
(Source: Amended at 49 Ill.
Reg. 9512, effective July 7, 2025)
|
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.760 DISCLOSURE OF COMPENSATION
Section 1450.760 Disclosure
of Compensation
Pursuant to Section 10-10(c) of
the Act, a licensee shall disclose, in writing, either physically or
electronically, any compensation the licensee expects to receive or that the
licensee's sponsoring broker will receive that arises out of a referral to any
person or entity in which the licensee or licensee's sponsoring broker has any
interest greater than 1%. This provision applies when the compensation is for
the purpose of the client obtaining services related to the transaction,
including any financial institution, insurance broker, mortgage broker, home
inspector or any other third party services.
(Source:
Amended at 45 Ill. Reg. 2851, effective February 23, 2021)
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.765 DISCLOSURE OF LICENSEE STATUS
Section 1450.765 Disclosure
of Licensee Status
A licensee who sells, leases, or
purchases any property or any interest in a property that is the subject of the
transaction, whether directly or indirectly, for purposes of Section 10-27 of
the Act, must disclose, in writing to all parties to the transaction, their
licensure status prior to initiating a transaction when the licensee:
a) Is selling, leasing, or seeking to purchase real estate as
sole owner, tenant in common, joint tenant, or tenant by the entirety;
b) Holds a beneficial interest in a land trust selling, leasing,
or seeking to purchase an interest in the subject real estate;
c) Is a partner in a partnership, limited partnership or limited
liability partnership selling, leasing, or seeking to purchase an interest in
the subject real estate;
d) Is an officer, director and/or shareholder of a corporation, other
than a publicly traded corporation, selling, leasing, or seeking to purchase an
interest in the subject real estate;
e) Is a manager or member of a limited liability company selling,
leasing, or seeking to purchase an interest in the subject real estate; or
f) Has any direct or indirect interest in the subject real
estate.
(Source: Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.770 BROKERAGE AGREEMENTS AND PROPERTY MANAGEMENT AGREEMENTS
Section 1450.770 Brokerage Agreements and Property
Management Agreements
a) A
sponsoring broker entering into a brokerage relationship shall set forth the
terms of that relationship in a written brokerage agreement pursuant to Section
15-50 of the Act.
b) Exclusive
brokerage agreements, including exclusive listing agreements and exclusive
buyer or tenant brokerage agreements, shall:
1) Be in
writing and shall indicate the minimum services that must be provided as set
forth in Section 15-75 of the Act. For purposes of this Section, "in
writing" or "written" means physical or electronic writing.
2) Failure
to include language in a brokerage agreement providing for minimum services as
set forth in Section 15-75 of the Act or language waiving those minimum
services will, under the definition of "exclusive brokerage
agreement" in Section 1-10 of the Act, result in the brokerage agreement
being considered to be non-exclusive.
3) A
licensee may discuss a possible future brokerage agreement with a consumer
whose property is exclusively listed with another sponsoring broker or who is
subject to a written exclusive buyer or tenant brokerage agreement only if:
A) The consumer initiates
the contact; or
B) The following occurs:
i) The
licensee makes a request in writing, mailed or emailed, to the sponsoring
broker who has the exclusive agreement for the expiration date of the agreement
between the consumer and the sponsoring broker who has the exclusive brokerage
agreement;
ii) The
licensee who has the exclusive brokerage agreement fails to provide a response
in writing, mailed or emailed, within 10 calendar days;
iii) The
information from the broker or sponsoring broker who has the exclusive
brokerage agreement is not received within 14 calendar days; and
iv) The
requested information cannot be obtained by the licensee from another source of
shared broker information.
c) Written
buyer or tenant brokerage agreements, whether exclusive or non-exclusive, shall
contain the following:
1) Agreed basis or amount
of compensation and time of payment;
2) Name
of the sponsoring broker, designated agents, and the buyers or tenants;
3) Signatures
of the sponsoring broker, the buyers, tenants, or authorized signatories on
behalf of the buyers or tenants;
4) Duties
of the buyer or tenant's broker, or duties of the residential leasing agent;
and
5) The
duration of the brokerage agreement, including an automatic expiration date, or
if longer than one year, the right to terminate the agreement annually with 30
days prior written notice; and
d) Written
listing agreements, whether exclusive or non-exclusive, shall contain the
following:
1) List price;
2) Agreed
basis or amount of commission and the time of payment of the commission and any
amounts paid to cooperating brokers who represent other parties to a
transaction;
3) Name
of the sponsoring broker, designated agents, and owners of the real property;
4) Identification
of the real property involved (address and/or legal description);
5) Signatures
of the sponsoring broker and owners or an authorized signatory on behalf of the
owners;
6) Duties of the listing
broker or residential leasing agent; and
7) The
duration of the listing agreement, including an automatic expiration date, or
if longer than one year, the right to terminate the agreement annually with 30
days prior written notice.
e) Written
property management agreements shall be required if duties performed include
licensed activity as defined by "broker" in Section 1-10 of the Act.
f) Written
property management agreements shall at a minimum contain the following:
1) Identification
of the real property involved (address and/or legal description);
2) Name
of the sponsoring broker, designated agents, and owners of the real property;
3) Signatures
of the sponsoring broker and owners or an authorized signatory on behalf of the
owners;
4) Duties
of the broker managing the property and of the owner;
5) List
price;
6) Agreed
payment or amount of compensation and the timing of payments, and any amounts
paid to cooperating brokers, including those who represent other parties to the
transaction;
7) The
duration of the property management agreement, including an automatic
expiration date, or if longer than one year, the right to terminate the
agreement annually with 30 days prior written notice.
g) Licensees
shall enter into a written brokerage agreement with a client as soon as
reasonably practical but no later than:
1) showing or marketing
the property of a seller or owner; or
2) prior to initiating the
purchase or lease of a property for a buyer or tenant.
h) Written
brokerage agreements shall expressly provide that no amendment or alteration to
the terms, with respect to the amount of commission or with respect to the time
of payment of commission, shall be valid or binding unless made in writing and
signed by the parties.
i) No
licensee shall use real estate contract forms to change previously agreed-upon
commission payment terms.
j) If a
listing agreement states that, in the event of a default by a buyer, the sponsoring
broker's full commission or fees will be paid out of an earnest money deposit,
with any remaining earnest money to be paid to the seller, the provision shall
appear in the listing agreement in letters larger than those generally used in
the listing agreement.
k) Each
brokerage agreement shall clearly state that it is illegal for either the owner
or any licensee to refuse to show, display, lease or sell to any person because
of, race, color, religion, national origin, sex, ancestry, age, marital status,
physical or mental disability, familial status, pregnancy, sexual orientation,
including, but not limited to, gender identity, unfavorable discharge from the
military service, military status, order of protection status, an arrest record,
immigration status, source of income, or any other class protected by Article 3
of the Illinois Human Rights Act.
l) Each
brokerage agreement for a residential property of 4 units or less that provides
for a protection period subsequent to its termination date shall also provide
that no commission or fee will be due and owing pursuant to the terms of the
brokerage agreement if, during the protection period, a valid, written
brokerage agreement is entered into with another sponsoring broker.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.775 WRITTEN AGREEMENTS
Section 1450.775 Written
Agreements
a) No licensee shall solicit, accept, or execute any contract or
other document relating to a real estate transaction that contains any blanks
with the intention of filling them in after the parties have signed or initialed
the contract or other document. This shall not be construed to mean that there
will never be a blank space on a contract or any other document.
b) No licensee shall make any addition to, deletion from or
alteration of any signed contract or other document relating to a real estate
transaction without the written consent or direction from all signatories. No
licensee shall process any contract or other document that has been altered
after being signed, unless each addition, deletion or alteration is signed or
initialed by all signatories at the time of the addition, deletion, or
alteration.
c) A true copy of the original or corrected contract or other
document relating to a real estate transaction shall be delivered within 24
hours after the time of signing or initialing the original or correction to the
person signing or initialing the contract or other document.
d) All
forms used by licensees intended to become binding real estate contracts shall
clearly state that fact in the heading in large bold type. No licensee shall
use a form designated Offer to Purchase when it is intended that the form shall
be a binding real estate contract.
e) This Section
applies to all written agreements, whether physical or electronic.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.780 REFERRAL FEES AND AFFINITY RELATIONSHIPS
Section 1450.780 Referral
Fees and Affinity Relationships
a) No licensee may pay a referral fee to an unlicensed person who
is not a principal to the transaction. Any person receiving a referral fee must
be duly licensed as a residential leasing agent, broker or managing broker in Illinois
or hold an equivalent license of another state or country of domicile. If the
person's country of domicile does not have a licensing statute for licensees, then
in order to receive a referral fee, the person must comply with the laws, if
any, of the country of domicile concerning the practice of real estate.
b) Request for Referral Fee
1) No licensee may request a referral fee unless reasonable cause
for payment of the referral fee exists. Reasonable cause for payment of a
referral fee means:
A) An actual introduction of a client was made to a licensee; or
B) A
contractual referral fee relationship exists with the licensee.
2) No residential leasing agent licensee may
request, or be paid, a referral fee, except for a referral fee from a lease or
rental of residential real estate.
3) The fact that reasonable cause to demand a referral fee exists
does not necessarily mean that a legal right to the referral fee exists.
4) A licensee is prohibited from interfering with the agency
relationship of another licensee or attempting to induce a client to break an
exclusive listing or an exclusive representation agreement with another
licensee for the purpose of replacing that agreement with a new listing or
representation agreement in order to obtain a referral fee. For purposes of
this Section, an agency relationship shall be deemed to exist when a written,
exclusive agency agreement (either a listing or buyer representation agreement)
is entered into. Interfering with the agency relationship of another licensee
includes, but is not limited to:
A) Demanding a referral fee from another licensee without
reasonable cause;
B) Threatening to take harmful action against the client of
another licensee because of their existing agency relationship and in order to
obtain a referral fee; or
C) Counseling the client of another licensee on how to terminate
or amend an existing agency agreement in order to obtain a referral fee.
5) Communicating corporate relocation policies or benefits to a
transferring employee, as long as that communication does not involve advice or
encouragement on how to terminate or amend an existing agency agreement, shall
not be considered interference under subsection (b)(4).
(Source:
Amended at 45 Ill. Reg. 2851, effective February 23, 2021)
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.785 RENTAL FINDING SERVICES
Section 1450.785 Rental Finding Services
a) Definition and
Application
1) A
rental finding service is any business that finds, attempts to find or offers
to find, for any person who pays or is obligated to pay a fee or other valuable
consideration, a unit of rental real estate or a lessee to occupy a unit of
rental real estate not owned or leased by the rental finding service.
2) Any
person, corporation, limited liability company, partnership, limited
partnership, or limited liability partnership that operates a rental finding
service shall be considered a licensee, obtain the appropriate license, and
comply with this Section.
3) This
Section shall not apply to persons exempted by Section 5-20 of the Act.
b) Contract.
A rental finding service shall, prior to accepting a fee or other valuable
consideration for services, enter into a written contract with the person for
whom services are to be performed and deliver to the person a physical or
electronic copy of the contract. The contract shall include, in the case of a
rental finding service that finds, offers, or attempts to find a unit of rental
real estate for a person, at a minimum, the following:
1) The term of the
contract;
2) The
total amount to be paid for the services to be performed and a clear
designation of the amount, if any, paid in advance of the performance of the
services;
3) A
statement regarding whether the fee paid in advance is refundable or
non-refundable, including the following in uniform type of a size larger than
that used for the balance of the contract:
A) Precise
conditions, if any, upon which a refund is based;
B) The
conditions shall occur within 90 days from the date of the contract; and
C) The
refund shall be paid no later than 10 days after demand, provided the payment
of the fee has been honored;
4) The
type of rental unit desired, the geographical area requested, and the rent the
prospective tenant is willing to pay;
5) A
detailed statement of rental finding services to be performed by the licensee,
which shall include, at a minimum, the delivery to the prospective tenant of
all rental information set forth in subsection (c);
6) A
statement that the contract shall be null and void if information concerning
possible rental units or locations furnished by the licensee is not current or
accurate with respect to the type of rental unit desired and as set forth in
subsection (b)(4). A listing for a rental unit that has not been available for
rent for over 2 days shall be prima facie proof of not being current;
7) A
statement that information furnished by the licensee concerning possible rental
units may be up to 2 days old; and
8) A
statement requiring the licensee to refund all fees paid in connection with the
contract if the contract is null and void for any reason. The licensee shall
not impose any condition for the refund, and the contract shall state when the
refund will be paid.
c) Disclosure.
As required by subsection (b)(5), the following information for each rental
unit the rental finding service is listing shall be provided, in writing, to
the person with whom the contract is entered:
1) The
name, address, email address, and telephone number of the owner of each rental
unit or the owner's authorized agent;
2) A
description of the rental unit;
3) The
amount of rent requested;
4) The
amount of security deposit required;
5) A
statement describing utilities that are located in the rental unit and included
in the rent;
6) The
occupancy date and the term of lease;
7) A
statement setting forth the source of the information disclosed (i.e., owner, owner's
authorized agent); and
8) All
other conditions that may reasonably be expected to be of concern to the
prospective tenant.
d) Permission
of Owner. A rental finding service shall not list or advertise any rental unit
without the express written authority of the owner or owner's authorized agent
of each unit.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.790 BROKER PRICE OPINIONS AND COMPARATIVE MARKET ANALYSES
Section 1450.790 Broker Price Opinions and Comparative
Market Analyses
a) An
individual who is a licensed managing broker or broker and also a licensed
appraiser as set forth in the Real Estate Appraiser Licensing Act of 2002 [225 ILCS 458] must include the broker's
or managing broker's name and license number, not the appraiser's license
number, on the initial page of the broker
price opinion or comparative market analysis.
b) A
broker or managing broker preparing a broker price opinion or comparative
market analysis that does not comply with Section 10-45 of the Act is subject
to discipline for:
1) False,
untruthful, or misleading statements;
2) Inadequate
or improper preparation of a broker price opinion or comparative market
analysis; or
3) Any
violation set forth in Section 20-20 of the Act.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
| SUBPART H: AGENCY RELATIONSHIPS
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.800 CONFIDENTIALITY
Section 1450.800
Confidentiality
Licensees in receipt of
confidential information must take reasonable steps to safeguard that
information from unauthorized disclosure.
(Source:
Amended at 45 Ill. Reg. 2851, effective February 23, 2021)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.810 FAILURE TO DISCLOSE INFORMATION NOT AFFECTING PHYSICAL CONDITION OF REAL ESTATE
Section 1450.810 Failure to
Disclose Information Not Affecting Physical Condition of Real Estate
This Section is intended to
apply to actions taken by the Department under the Act and to all civil actions
in Illinois. No cause of action shall arise against a licensee for the failure
to disclose:
a) That an occupant of the real estate was afflicted with Human
Immunodeficiency Virus (HIV) or any other medical condition;
b) That the real estate was the site of an act or occurrence that
had no effect on the physical condition of the property or its environment or
the structures located on that real estate, as set forth in Section 15-20 of
the Act. These acts shall include, but are not limited to, murder or suicide;
c) Fact situations regarding real estate that is not the subject
of the transaction; or
d) Physical conditions located on real estate that is not the
subject of the transaction and do not have a substantial adverse effect on the
value of the real estate that is the subject of the transaction.
(Source: Amended at 45 Ill. Reg. 2851, effective February 23, 2021)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.820 DUAL AGENCY PROHIBITION
Section 1450.820 Dual Agency
Prohibition
A licensee shall not serve as a dual agent in any
transaction when the licensee, or an entity in which the licensee has or will
have any ownership interest, directly or indirectly, is a party to the transaction.
(Source: Amended at 45 Ill. Reg. 2851,
effective February 23, 2021)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.830 DISCLOSURE OF CONTEMPORANEOUS OFFERS
Section 1450.830 Disclosure of Contemporaneous Offers
"Contemporaneous offers" under Section 15-15(b) of
the Act shall be offers to purchase or lease on behalf of 2 or more clients
represented by the same designated agent for the same real estate parcel or
unit that the designated agent knows or has reason to know will be taken under
consideration by the owners or owners' representative at the same time. If
there are contemporaneous offers from 2 or more clients of a designated agent, the
designated agent shall provide written disclosure, physically or
electronically, to those clients and, upon request by the clients, refer the
clients to another designated agent.
(Source: Amended at 45 Ill. Reg. 2851,
effective February 23, 2021)
SUBPART I: DISCIPLINE RULES AND PROCEDURES
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.900 UNPROFESSIONAL CONDUCT
Section 1450.900
Unprofessional Conduct
Conduct that constitutes
dishonorable, unethical, or unprofessional conduct of a character likely to
deceive, defraud or harm the public includes, but is not limited to:
a) Failure to act in the best interests of a client.
b) Deliberately misleading a client as to the market value of
property.
c) Failing to advertise the property pursuant to the terms of the
listing agreement.
d) Deliberately misrepresenting to prospective purchasers or
their agents the condition of property or the availability of access to show
the property.
e) Purchasing or transferring property through an intermediary in
order to conceal the purchase by the licensee.
f) Inducing a seller to list property through false
representations.
g) Inducing a seller through false representations or false
promises to transfer property to the licensee.
h) Taking unfair advantage of a client's or customer's age,
disability, or lack of understanding of the English language.
i) Engaging in licensed activities with the public or other real
estate licensees in a manner that is abusive, harassing, or lewd.
j) Representing oneself as a sponsoring broker or designated managing
broker without providing actual supervision and management of the real estate entity
or licensees.
k) Failing to reasonably safeguard confidential information or
improperly using confidential information.
l) Obstructing an inspection, audit, investigation, examination,
or disciplinary proceeding.
m) Violation of Section 1450.750 (Special Accounts).
n) Assisting or inducing a licensee or unlicensed individual to
violate the Act or this Part.
o) Any
conduct constituting a breach of duty to the client causing harm to the client
in the future. In establishing harm, the Department need not prove actual economic
damage to the client.
p) Use
of a managing broker license to permit or enable a broker, residential leasing
agent, or other individual to operate or manage a licensed real estate entity
without actual participation in and control of that entity by the designated
managing broker.
q) Accessing
a property or granting permission to access a property without proper
authorization.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.905 TEMPORARY SUSPENSION
Section 1450.905 Temporary
Suspension
The Secretary may temporarily suspend a license without a
hearing, simultaneously with the institution of proceedings for a hearing
provided for in Section 20-60 of the Act, if the Secretary finds evidence indicating
that the public interest, safety, or welfare imperatively requires emergency action.
Emergency action is imperative when a licensee's conduct poses a threat that
the public's or another licensee's money or other property will be stolen or embezzled
or that continued licensure of a licensee will be a threat to the safety of the
public or another licensee.
a) The Department
may consider any one or more of the following acts committed by a licensee as
cause for temporary suspension, including, but not limited to:
1) Failure to account for or to remit any moneys or documents
that belong to others as set forth in Section 20-20(a)(16) of the Act;
2) Failure to maintain and deposit in a special or escrow
account, separate and apart from personal and other business accounts, all
escrow moneys belonging to others entrusted to a designated managing broker or
sponsoring broker while acting as a licensee, escrow agent or temporary
custodian of the funds of others, as set forth in Section 20-20(a)(17) of the
Act;
3) Failure to make escrow records and related documents for the
immediately preceding 2 years available, within 24 hours after request, to the
Division during normal business hours pursuant to Section 20-20(a)(18) of the
Act and Section 1450.755. This action alone may not be sufficient grounds for
a temporary suspension;
4) Failure to make escrow records and related documents more than
2 years old available, within 30 days after request, to the Division during
normal business hours, in physical or electronic form, as set forth in Section
20-20(a)(27) of the Act and Section 1450.755; or
5) Commingling money or property of others with the licensee's
own money or property, as set forth in Section 20-20(a)(22) of the Act.
b) A petition for temporary suspension shall:
1) State the statutory basis for the action petitioned;
2) Allege facts, supported by sufficient evidence; and
3) Be presented to the Secretary.
c) An order for temporary suspension shall:
1) Contain sufficient notice regarding the basis for the action;
2) Recite the statutory basis for the action;
3) Demand immediate surrender of the license; and
4) Be signed by the Secretary.
d) A notice of temporary suspension shall accompany the order and
shall:
1) Set a hearing date within 30 days after the date on which the
order takes effect;
2) Identify the location where the hearing will take place; and
3) Provide information as to where the licensee may obtain the Department's
Rules of Practice in Administrative Hearings (68 Ill. Adm. Code 1110).
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.910 NON-DISCIPLINARY ACTION
Section 1450.910 Non-Disciplinary
Action
Non-disciplinary action may
include, but is not limited to:
a) Issuance of a citation for failure to complete, or untimely
completion of, required CE;
b) Restricting a licensee's access to escrow funds;
c) Requiring the successful completion of licensed real estate courses,
including courses for those licensees who would otherwise not be required by
Section 5-70 of the Act to complete CE;
d) Requiring the licensee to provide any report, record or
document regarding licensed activities the Department deems relevant and
appropriate; or
e) Imposition of an administrative fee.
(Source: Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.915 SUSPENSION OR REVOCATION OF A SPONSORING BROKER OR DESIGNATED MANAGING BROKER LICENSE
Section 1450.915 Suspension
or Revocation of a Sponsoring Broker or Designated Managing Broker License
a) Suspension or Revocation of Sponsoring Broker
Upon the
effective date of a suspension or revocation of the license of a sponsoring
broker or sole proprietorship:
1) The licenses of all sponsored licensees automatically become
inactive. Each managing broker licensee may resume licensed activities only
upon securing a new sponsorship, either as a self-sponsored managing broker or
by another sponsoring broker. Each broker or residential leasing agent may
resume licensed activities only upon securing a sponsorship with another
sponsoring broker.
2) Suspensions or revocations of a sponsoring broker shall not
have an effect on the enforceability of any pending, executed real estate
contracts.
A) The sponsoring broker whose license has been suspended or
revoked shall send a written notice, in physical or electronic form, to all
clients with a pending, executed real estate contract stating that the
sponsoring broker's license has been suspended or revoked and that the suspension
or revocation shall not have an effect on any pending, executed real estate contracts.
The notice shall also identify the name, address, email, and telephone number
of the person in control of the escrow money. To the extent clients require
additional real estate services, the notice shall provide that the clients may
seek real estate services from another sponsoring broker.
B) A suspension or revocation shall not preclude the receipt of
any commission or other compensation earned by the suspended or revoked
sponsoring broker or other formerly sponsored licensee prior to the effective
date of the suspension or revocation of the sponsoring broker.
3) If a broker's suspension or revocation directly relates to a
transaction for which compensation was earned, and the broker already received the
compensation related to the transaction leading to the suspension or revocation
of the license, the Department or Board may consider that fact when imposing
discipline.
b) Suspension or Revocation of a Designated Managing Broker
In the event
of a suspension or revocation of a designated managing broker license, offices may
operate for 15 days without a replacement designated managing broker. Within
15 days after a suspension or revocation of a designated managing broker
license, if a replacement designated managing broker has not been secured or a
written request for authorization to continue operation has not been submitted
to the Division, the offices must cease licensed activities.
(Source: Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.920 INSPECTIONS AND AUDITS
Section 1450.920 Inspections
and Audits
a) Inspections
1) The Division is authorized to inspect areas of a sponsoring
broker's office that are open and generally available to the public at any time
during normal business hours, with or without the sponsoring broker's consent.
The Division, with at least 24 hours' notice, may conduct a visual and physical
inspection of the non-public areas of a sponsoring broker's office and
interview any person, including any licensee or non-licensee, who may have
knowledge or information about the licensee's real estate practice, with or
without the consent of either the sponsoring broker or designated managing
broker. The licensee may have an attorney present. The Division's action will
not be postponed due to a licensee's attorney's unreasonable delay.
2) The
Division is authorized to inspect a virtual office of the sponsoring broker,
with or without the sponsoring broker's consent. The Division, with at least 24
hours' notice, may conduct an inspection of the digital infrastructure and all
electronic records in the sponsoring broker's virtual office, and interview any
person, including any licensee or non-licensee who may have knowledge or
information about the licensee's real estate practice, with or without consent
of either the sponsoring broker or designated managing broker. The licensee may
have an attorney present. The Division's action will not be postponed due to a
licensee's attorney's unreasonable delay.
3) Upon
any written or oral request by the Division for documents in physical or
electronic form, a licensee shall, except as otherwise allowed by subsection
(b), produce the requested documents within 30 days after the request.
b) Escrow Audits
The Division
is authorized to audit special accounts, escrow records and documents related
to any escrow accounts maintained by the licensee. Any records or documents
may be provided in physical or electronic form. Escrow audits may be conducted
at any time with the sponsoring broker's consent or without consent with at
least 24 hours' notice. The licensee may have an attorney present. The
Division's action will not be postponed due to a licensee's attorney's
unreasonable delay. Escrow audits may include:
1) A review and examination of all required, original escrow
records as set forth in this Part.
2) A review and examination of any document, including physical
or electronic originals, related to a licensee's escrow accounts.
3) Interviews of any person, including any licensee or
non-licensee, who may have knowledge or information about the licensee's
practices for maintaining and administering escrow accounts.
4) The Division may require audits of special accounts of
sponsoring brokers by licensed certified public accountants as set forth in
this Section.
A) The Division shall notify in writing the sponsoring broker
responsible for the special accounts that an auditor has been retained to audit
the special accounts, the identity of the auditor or auditing firm, and that
the sponsoring broker shall submit all pertinent records for audit within 30
days after the written notice.
B) Any licensed certified public accountant performing an audit
for the Division pursuant to the provisions of this Section or the Act shall
provide a written report to the Division, with a copy to the sponsoring broker,
detailing the findings of the auditor, with specific reference to compliance
with the special account requirements of the Act and this Part.
C) The sponsoring broker shall be liable for the cost of the audit
if an order is issued by the Department pursuant to Section 20-60 of the Act
finding that escrow moneys were misappropriated by the sponsoring broker or the
sponsoring broker's employees, independent contractors, agents, or designees.
c) Pursuant to Section 5-45(d) of the Act, the Division is
authorized to obtain a licensee's original records, including physical or
electronic records, for the purposes of inspection, audit, and reproduction. The
Division shall promptly return all original documents or records to the
licensee.
(Source: Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.925 AUDITS OF SPECIAL FUNDS BY OUTSIDE AUDITORS (REPEALED)
Section 1450.925 Audits of Special Funds by Outside
Auditors (Repealed)
(Source:
Repealed at 45 Ill. Reg. 2851, effective February 23, 2021)
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.930 CASE FILE REVIEW COMMITTEE
Section 1450.930 Case File Review Committee
a) The Division
and the Board may appoint a Case File Review Committee that shall be composed
of at least 2 members of the Board, the Real Estate Coordinator, the Real
Estate Chief of Investigations and the Real Estate Chief of Prosecutions or
their designees. The Case File Review Committee members may take action set
forth in this Section in person or through other means of communication.
b) The
Case File Review Committee may exercise the following duties and
responsibilities:
1) Recommend
whether a complaint or case file be closed or refer the file to Investigations
or Prosecutions for further review and action.
2) Review
reports and files submitted to the Case File Review Committee; and
3) Request
and review any investigation or prosecution files that the Department may have
closed.
c) The
Case File Review Committee shall report a summary of its actions and findings
at each Board meeting.
d) In
determining what action to recommend to the Department with regard to an
investigation and/or prosecution of a complaint or case file, the Case File
Review Committee shall consider factors including, but not limited to:
1) The
effect on the public's health, safety, and welfare;
2) Any
indication of fraud;
3) Any
indication of commingling or embezzlement;
4) Evidence
of escrow account shortages or discrepancies;
5) Refusal
to provide escrow account records or related documents within the required time
period;
6) Prosecutorial
merit; or
7) Any
alleged or potential violation of the Act or this Part.
e) Disqualification
of a Case File Review Committee member. A Case File Review Committee member
shall be recused from consideration of a case file when conflict of interest,
or the appearance of a conflict of interest or bias or prejudice, would prevent
that Case File Review Committee member from being fair and impartial.
f) Participation
in the initial stages of the handling of a case file, including participation
on the Case File Review Committee and in informal conferences, shall not bar a
Case File Review Committee member from later participating in a formal hearing
or in deliberating the case and making a recommendation to the Director.
g) Any
meetings of the Case File Review Committee are an exception to the Open
Meetings Act [5 ILCS 120] and shall be closed to the public, in accordance with
Section 2(c)(15) of that Act.
h) Nothing
in this Section shall require the Department to utilize the services of the
Case File Review Committee to close any case file; however, the Department
shall be required, as set forth in this Section, to advise the Case File Review
Committee of such actions that are taken by the Department.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.935 PEER REVIEW ADVISOR
Section 1450.935 Peer Review
Advisor
a) In accordance with Section 25-21 of the Act, the Department
may, in its discretion, contract with a licensee to act as an advisor to the
Department regarding public complaints and alleged violations forwarded by the
Department to the Peer Review Advisor.
b) The Department shall not be bound by any recommendation or
advice provided by a Peer Review Advisor.
c) The Department shall only refer matters to the Peer Review
Advisor that involve the actions of an unlicensed person or a licensee at the
same or lower level of licensure held by the Peer Review Advisor.
d) The Peer Review Advisor shall issue any recommendation or
findings to the Department in writing unless expressly waived by the
Department.
(Source: Amended at 40 Ill. Reg. 12588, effective September 2, 2016)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.940 RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS
Section 1450.940 Rules of
Practice in Administrative Hearings
The Department of Financial and Professional
Regulation Rules of Practice in Administrative Hearings (68 Ill. Adm. Code 1110)
shall apply to all Department administrative hearings.
(Source:
Amended at 45 Ill. Reg. 2851, effective February 23, 2021)
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.945 REAL ESTATE RECOVERY FUND
Section 1450.945 Real Estate
Recovery Fund
a) Necessity of Notice
When any
person obtains a judgment in a circuit court that may result in collection from
the Real Estate Recovery Fund, that person shall notify the Department of the
judgment in writing within 30 days after the entry of the judgment and shall
notify the Department in writing, within 20 days, notice of all supplementary
proceedings to allow the Department to intervene pursuant to Section 20-90.
b) Aggrieved Person
"Aggrieved
person", as used in Sections 20-85, 20-90 and 20-105 of the Act, means a
person who has suffered harm or other injury as a result of the act or omission
of a licensee or an unlicensed employee of a licensee in connection with
licensed activities, including licensees who are a principal to the transaction
but are not providing licensed activities in the transaction, as set forth in
the Act.
c) Notice
The notice
required by Section 20-90 of the Act or by this Section shall be sent by
certified mail, return receipt requested, by a recognized overnight courier
service, or shall be delivered by hand to the office of the Department in
Chicago, Illinois, Attention: General Counsel.
d) Contents of Notice
Every notice
required by Section 20-90 of the Act or by this Section shall include:
1) Copies of the following documents provided by the aggrieved
parties:
A) The complaint and any amended complaints showing the
"Filed" stamp of the Clerk of the Court in which the complaint was
filed;
B) The judgment order and any post-judgment orders entered by the
Court; and
C) Notice of all supplementary proceedings, which notice shall be
provided to the Department at least 20 days prior to any such proceedings.
2) Copies of relevant documents available to the claimant,
including:
A) Real estate sales contract, lease, closing statement,
disbursement directions or other evidence of title to real property on which
the claim is based. If the claimant does not possess title, evidence of the
interest in real property on which the claim is based (evidence includes
documents such as title policy, deed, or lease); and
B) Proof of any check, money order, or other method of payment
regarding earnest money or security deposit, other negotiable instruments or
dishonored checks issued by the licensee.
3) An itemized statement of losses of actual cash money that the
claimant alleges occurred as a result of conduct identified in Section 20-85 of
the Act by any licensees or the unlicensed employee of a licensee. When no
itemized statement is possible, the claimant must state under oath that the
claimant's losses are estimated, and the calculation of estimated losses is as
accurate as circumstances permit.
e) Party Defendant
No notice of
claim will be recognized or accepted when the underlying complaint and
post-judgment order does not name at least one natural person or entity (a licensee,
its employees or independent contractors) as a defendant and judgment debtor.
f) Amounts of Recovery and Attorney's Fees
By a
post-judgement order of the circuit court of the county where the violation
occurred in a proceeding described in Section 20-90 of the Act, the aggrieved
person may recover an amount of not more than $50,000 from the Recovery Fund
for damages sustained by any act, representation, transaction, or conduct
described in Section 20-85 of the Act, together with costs of suit and
attorney's fees in connection with the conduct leading to the claim.
1) The
post-judgement order shall not include interest.
2) The maximum liability of damages arising out of the activities
of any one licensee or one unlicensed employee of a licensee in any transaction
or set of facts that formed the basis of a post-judgement order (including
costs of suit and attorney's fees, when an attorney's affidavit as to their
fees is sufficient proof) is $300,000.
3) The amount of any claim paid from the Fund will be spread
equitably among all co-owners or otherwise aggrieved persons, if any.
(Source: Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.950 AUTOMATIC REVOCATION UPON ORDER FOR PAYMENT FROM THE REAL ESTATE RECOVERY FUND (REPEALED)
Section 1450.950 Automatic Revocation
Upon Order for Payment from the Real Estate Recovery Fund (Repealed)
(Source:
Repealed at 45 Ill. Reg. 2851, effective February 23, 2021)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.955 NONBINDING ADVISORY OPINIONS (REPEALED)
Section 1450.955 Nonbinding Advisory Opinions (Repealed)
(Source: Repealed
at 45 Ill. Reg. 2851, effective February 23, 2021)
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.960 CITATIONS FOR NON-COMPLIANCE WITH CONTINUING EDUCATION AND POST-LICENSE EDUCATION REQUIREMENTS
Section 1450.960 Citations for Non-Compliance with
Continuing Education and Post-License Education Requirements
The Division shall conduct audits to verify compliance with
the CE and post-license education requirements of the Act and this Part. If,
during an audit or compliance review, the Division determines that a licensee
may be deficient in complying with CE or post-license education requirements,
the Division will issue a citation to the licensee of the deficiency. Service
of the citation shall be made in person, electronically or by mail to the
licensee at the licensee's address or email address of record. The licensee
shall have 60 days after the date of service of the citation to submit evidence
of compliance with CE requirements to the Division and to pay the fine imposed.
a) The
citation shall inform the licensee that they may provide the Division with
proof that the licensee has completed the required CE or post-license education
prior to the renewal deadline or deadlines associated with the audit. If
satisfactory proof is provided within 60 days after the citation is served, the
citation shall become null and void.
b) The
citation shall set forth the fine imposed and inform the licensee that the
licensee may request a hearing contesting the deficiency within 30 days after
the citation is served.
c) The
citation shall be non-public and become a final non-disciplinary order if the
cited licensee does not request a hearing within 30 days after the citation is
served or if the cited licensee does not provide the Division with proof of
completing the required CE or post-license education, prior to the renewal
deadline or deadlines associated with the audit. The fine shall be payable
within 30 days after the date of the final order.
d) A fine
in the amount of $500 shall be assessed for a first citation for noncompliance
with CE or post-license education requirements. A fine in the amount of $1,000
shall be assessed for a second citation for noncompliance with CE or
post-license education requirements. Pursuant to Section 20-20.1(c) of the
Act, a third and each subsequent citation for noncompliance with CE or
post-license education requirements shall result in publicly disclosed discipline
and a fine in an amount not to exceed $2,000.
e) Payment
of the fine does not absolve the person from the responsibility to complete the
CE or post-license education requirements and correct the violation.
f) If
the licensee fails to submit satisfactory evidence of compliance with CE or
post-license education requirements and to pay the fine imposed pursuant to the
final order, the Department may take further disciplinary action pursuant to
the Act and this Part for violating the terms of the order. The licensee shall
not engage in real estate activities for which a license is required under the
Act until all required CE has been completed and payment is made for the fine
imposed by the citation and for any fees required to reinstate or restore the
license.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
| SUBPART J: GRANTING VARIANCES
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.1000 GRANTING VARIANCES
Section 1450.1000 Granting
Variances
The Director may grant variances
from this Part in cases in which the Director finds that:
a) The provision from which the variance is granted is not
statutorily mandated;
b) No party will be injured by the granting of the variance; and
c) Application of the rule from which the variance is granted
would, in the particular case, be unreasonable or unnecessarily burdensome.
(Source: Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
| SUBPART K: EDUCATION PROVIDERS, INSTRUCTORS, AND COURSE APPROVAL
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.1100 APPLICATION FOR EDUCATION PROVIDER LICENSE AND OTHER REQUIREMENTS
Section 1450.1100 Application for Education Provider
License and Other Requirements
a) A
person or entity seeking to provide pre-license education, the 45-hour
post-license education, or CE shall submit:
1) A
signed and completed education provider's application in a format provided by
the Division;
2) The required
fee set forth in Section 1450.130;
3) A
course description, learning objectives, comprehensive timed outline and, when applicable,
the final examination, answer key for each course, and final exam proctor
policy; and any other information required by the Division. Education
providers shall be responsible for any substantial misrepresentations made by
the provider concerning the subject matter of a course;
4) Applications
and fees for each course, as set forth in Sections 1450.1105(a) and
1450.1135(a); and
5) Authorization
to conduct or transact business in Illinois issued by the SOS.
b) The
Division shall notify the applicant in writing of its decision. In the event
the Department intends to deny the application, then it shall include a clear
statement of the acts or omissions alleged to violate the Act or this Part.
The notice shall notify the applicant that they must request a hearing to contest
the notice within 30 days after service and that if a request is not filed
within that time, the Director may issue an order denying the license
application (see Section 20-60 of the Act and Article 10 of the Illinois
Administrative Procedure Act [5 ILCS 100]).
c) The education program offered
by an education provider shall:
1) Be
approved by the education provider's governing and/or supervising body;
2) Only
use instructors with a valid Illinois instructor license issued under the Act
and Sections 1450.1115 and 1450.1145;
3) Have
a curriculum that meets the requirements of Section 1450.1105 and/or Section 1450.1135;
and
4) Include
a proctored final examination, if a proctored examination is required, as
outlined in Sections 1450.1105 and 1450.1135. Any remote proctoring must be
conducted in accordance with the requirements of state and federal law.
d) Records and Facilities
1) Education
providers must maintain all records, including, but not limited to,
transcripts, attendance records, and certificates of completion, for a period
of not less than 5 years regardless of whether the education provider's license
is active. Those records may be maintained in physical or electronic form.
2) Education
providers must provide customer service email or telephone contact information.
3) Education
providers and their records are subject to inspection at any time after
submitting an application to the Division. The inspection shall be made during
regular business hours, with at least 24 hours advance notice of the
inspection.
4) No
education provider shall conduct in-person business in a private residence or
retail establishment unless the education provider's business location within
the retail establishment is a separate and distinct space solely occupied by
the education provider.
5) Whenever
an education provider intends to operate at a location other than the location
of record, the education provider shall, no later than 10 days prior to that operation,
notify the Division in a format provided by the Division.
6) Education
providers may establish and operate virtual offices that do not have a fixed
location. If the licensee conducts education provider services in or from the
virtual office, the virtual office shall:
A) Display
a current registry of all licensed instructors, courses, and their
corresponding license numbers;
B) Display
contact information for the education provider's owner or operator, including
name, license number, valid phone number and email address;
C) Maintain
a secure intranet or secure portal that is accessible by employees,
instructors, students, and, upon request, the Division. The intranet portal
shall include:
i) Electronic
records, securely stored in the format they were originally created, sent, or
received, and made accessible for inspection by the Division in a secure
electronic format.
ii) Documents
originally created in physical form may be converted to an electronic format
only if the content is not altered.
D) Service
of Process. For those education providers who maintain a virtual office, a
valid physical address in Illinois must be provided to the Department for
service of process. If an education provider does not maintain a physical
address in Illinois, they may utilize the same address provided to the SOS for
its registered agent in Illinois.
7) If
an education provider and brokerage are under the same ownership structure or
are affiliated entities, each shall be separately licensed with the Division.
The education provider and brokerage's business operations must function
independently and be distinct from one another.
e) Administration
1) No education
provider shall advertise that it is endorsed, recommended or accredited by the
Division. The education provider may indicate that the school is licensed by
the Division.
2) Every
education provider shall submit to the Division, upon the Division's request, a
schedule including location, date, time and name of each licensed pre-license or
CE instructor for each licensed pre-license, post-license or CE course offered.
The education provider shall, upon the Division's request, notify the Division
of any changes to that schedule.
3) Every education provider shall specify, in any
advertising promoting pre-license, post-license or CE courses, the number of
pre-license, post-license or CE credit hours that may be earned toward Illinois
pre-license, post-license or CE requirements.
4) Prior
to enrollment, the education provider shall provide a prospective student with
information that specifies:
A) The course of study to
be offered and the delivery method;
B) The tuition to be
charged;
C) The education
provider's policy regarding refund of unearned tuition when a student is
dismissed or withdraws voluntarily or through hardship;
D) Any
additional fee to be charged for supplies, materials or books that become the
property of the student upon payment; and
E) Other
matters that are material to the relationship between the education provider
and the student.
5) Each education
provider shall maintain for each student a record including the course of
instruction undertaken, dates of attendance, areas of study satisfactorily
completed, and, if applicable, the date on which the final exam was
successfully passed. Each student's record shall be maintained by the education
provider, regardless of whether the education provider's license is currently
active, for a period of 5 years and shall be available to the student or for
inspection by the Division during regular business hours.
6) An
education provider shall issue a transcript or certificate of completion, in a format
provided by the Division, upon a student's successful completion of any
course. Each transcript or certificate of completion shall be authenticated
and capable of being verified by the education provider.
7) The education
provider shall certify on the initial application that sufficient financial
resources are available to equip and maintain the school.
8) The education provider shall verify attendance
at each pre-license course, post-license course, and CE course. A student may
only receive credit for time actually spent attending the course or, if applicable,
for achieving a passing score of at least 75% on the final examination to
receive credit.
9) Each education provider shall provide time and facilities
for conducting make-up classes for students absent from the regularly scheduled
class. No more than 10% of the total credit hours may include make-up credit
hours. A student missing any make-up credit hours shall fail the course.
10) The
Division shall be reimbursed by any out-of-state education provider for all
reasonable expenses incurred by an inspector to inspect its facilities or
records.
11) An
education provider shall submit proof of ownership as may, from time to time,
be required by the Division.
12) Course
Completion Records. Every licensed education provider shall submit to the
Division, in a format provided by the Division, on or before the 15th
of each month, a report of applicants or licensees passing education courses
offered by the education provider during the preceding calendar month.
A) An
administrative fee in the amount of $50 will be imposed on an education
provider that fails to submit its monthly report on or before the 15th
of the month.
B) If an
education provider fails to submit monthly reports and/or to pay the required
late fees for three or more successive months, the license of the education
provider and the courses offered by that education provider may be subject to
discipline as set forth in Section 1450.1165.
f) Education
providers offering a 30-hour real estate auction certification course must
comply with Section 1450.1300.
g) Each
university, college, community college, or school that is a public institution
of higher education, supported by public funds, and located in the State of
Illinois shall be deemed to qualify as an education provider, as long as that
university, college, community college, or school meets the following criteria
and certifies to the Division that:
1) The
facility is domiciled in the State of Illinois and supported by public funds;
2) The
instructors are approved and licensed by the Division;
3) The
courses offered are approved and licensed by the Division;
4) The
program that offers pre-license or continuing education is a not-for-profit
division of the university, college, community college, or school; and
5) The
courses and curriculum meet the requirements of Section 1450.1105.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.1105 APPLICATION FOR PRE-LICENSE AND POST-LICENSE COURSES
Section 1450.1105 Application for Pre-License and Post-License
Courses
a) A
licensed education provider seeking to provide pre-license courses shall submit
for each course:
1) A
signed and completed pre-license course application in a format provided by the
Division;
2) The
fee required by Section 1450.130; and
3) A
course description, comprehensive timed outline, and, when applicable, final examination,
answer key for each course, final exam proctor policy, and any other
information required by the Division. Each outline shall make reference to the
textbook used and other material related to the course or subject matter and
shall conform to the standardized curriculum provided by the Division. The
applicant shall make any education material referenced in the outline available
to the Division, upon request.
b) An education
provider offering pre-license courses must provide the following pre-license broker
courses as recommended by the Board and approved by the Division:
1) A 60
credit hour course including, but not limited to, the following topics:
Introduction to License Law, Real Property, Current State and Federal Law, Real
Estate Transactions, and Real Estate Career Paths.
2) A 15
credit hour Applied Real Estate Principles course, presented in the classroom,
by interactive webinar, or by online distance education.
c) An
education provider offering pre-license courses must provide the following 45-hour
post-license broker courses:
1) A 15
credit hour course on Applied Brokerage Principles, recommended by the Board
and approved by the Division, and presented in the classroom, by interactive
webinar, or by online distance education.
2) A 15
credit hour course on Risk Management/Discipline, recommended by the Board and
approved by the Division, and presented in the classroom, by interactive webinar,
or by online distance education.
3) A 15
credit hour course on Transactional Issues, recommended by the Board and
approved by the Division, and presented in the classroom, by interactive
webinar, or by online distance education.
4) Each
15 credit hour post-license course must be followed by a 50 question
examination administered by the education provider, for which the minimum
passing score shall be no less than 75%. Education providers offering
classroom-based courses may administer the exam online or in an electronic
format.
d) An education
provider offering pre-license courses must provide the following pre-license managing
broker courses, recommended by the Board, and approved by the Division:
1) A 30
credit hour course including, but not limited to, Brokerage Administration and
Management, Licensing, Escrow and Residential Leasing Agent Management.
2) A 15
credit hour Applied Management and Supervision course, presented in the
classroom, by interactive webinar, or by online distance education.
e) Only
those education providers that provide courses enumerated in subsections (b),
(c) and (d) may provide CE core classes or the 30-hour pre-license endorsement
courses.
f) A
licensed real estate education provider may provide a 15 credit hour course as
set forth in Section 5-10(a)(5) of the Act for pre-license residential leasing
agents.
g) A
licensed real estate education provider may provide a 30 credit hour real
estate auction certification course as set forth in Section 5-32(b) of the Act for
real estate auctioneers.
h) Examinations.
Each correspondence or home study pre-license course shall require a mandatory
proctored final examination (see Section 30-15(i)(6) of the Act) prepared and
provided by the licensed education provider and consisting of at least 25
questions for every 15 credit hours. Any remote proctoring must be conducted in
accordance with the requirements of state and federal law. The minimum passing
score shall be no less than 75%. The proctored final examination shall be
provided by the education provider at the completion of every 15 credit hours
or the conclusion of the course. The education provider's registration material
shall inform the student in writing whether the proctored final examination
will be administered in electronic format, paper format, or both. Credit hours
exclude any time devoted to taking the proctored final examination.
i) A
licensed education provider must verify attendance for courses presented in a
classroom, by interactive webinar, or by online distance education.
j) The Division
may approve courses that incorporate additional real estate topics.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.1110 APPLICATION FOR EDUCATION PROVIDER AND COURSE LICENSE RENEWAL
Section 1450.1110 Application for Education Provider and
Course License Renewal
a) Education
provider and course licenses shall expire on June 30 of each odd-numbered year.
b) Licensed
education providers shall be responsible for submitting:
1) A
renewal application in a format provided by the Division;
2) The required fee set
forth in Section 1450.130; and
3) A
list of updated courses, course descriptions, comprehensive timed outlines, proctored
final examinations, answer keys, and any other information required by the Division.
c) Failure
to receive a renewal notice or failure to pay the renewal fee shall not
constitute valid grounds for failing to renew a license.
d) Operating
on an expired education provider license shall constitute unlicensed practice
and may be grounds for discipline.
e) An education
provider license expired for more than 2 years shall not be eligible for
renewal. An education provider license expired for less than 2 years may be
renewed after the education provider submits evidence that all requirements of
Section 1450.1100 have been met and the fees required by Section 1450.130 have
been paid.
(Source:
Amended at 45 Ill. Reg. 2851, effective February 23, 2021)
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.1115 APPLICATION FOR PRE-LICENSE INSTRUCTOR LICENSE
Section 1450.1115 Application for Pre-License Instructor
License
a) A
person seeking a pre-license instructor license shall meet the following
requirements:
1) Pass
an examination, authorized by the Division, with a minimum score of 75%;
2) Demonstrate
expertise by:
A) Holding
an active broker or managing broker license for the immediately preceding 2
years;
B) Being
admitted to the practice of law by the Supreme Court of Illinois;
C) Having
prior teaching experience for a minimum period of 2 years; or
D) Professional
background and experience.
3) Complete a 12-hour
instructor training program approved by the Division and comprised of:
A) 6
hours devoted to instructor training and development; and
B) 6
hours devoted to teaching the content of the pre-license courses set forth in
Section 1450.1105.
b) The
Division shall notify the applicant in writing of its decision. The Division
may restrict a pre-license instructor's license to teaching only certain
courses or certain types of courses. In the event the application is denied,
the basis for denial will be provided and the applicant advised that the
applicant may request a hearing on the merits, as set forth in Section 20-60 of
the Act and Article 10 of the Illinois Administrative Procedure Act.
c) A
licensed pre-license instructor may teach pre-license, post-license, CE core or
elective curriculum, or broker management CE curriculum without obtaining a CE
instructor license.
(Source:
Amended at 45 Ill. Reg. 2851, effective February 23, 2021)
|
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.1120 ADMINISTRATION OF PROFICIENCY EXAMINATIONS AND ELIGIBILITY TO TAKE THE PROFICIENCY EXAM AND TRANSITION COURSES (REPEALED)
Section 1450.1120 Administration of Proficiency
Examinations and Eligibility to Take the Proficiency Exam and Transition
Courses (Repealed)
(Source:
Repealed at 40 Ill. Reg. 12588, effective September 2, 2016)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.1125 PRE-LICENSE INSTRUCTOR LICENSE RENEWAL AND RESTORATION
Section 1450.1125 Pre-License Instructor License Renewal
and Restoration
a) Pre-license instructor licenses shall expire on June 30 of
each odd-numbered year.
b) Licensed pre-license instructors shall be responsible for
submitting:
1) A renewal application in a format provided by the Division;
2) The required fee set forth in Section 1450.130; and
3) Certification of:
A) Maintaining
a valid pre-license instructor's license;
B) No lapse in licensure greater than 2 years; and
C) One of the following:
i) Teaching at least one pre-license, post-license, broker
management CE or core CE course during the current term of licensure; or
ii) Successful completion, during the current term of licensure,
of the 12-hour instructor training program set forth in Section
1450.1115(a)(3). The 12-hour instructor training program shall not count
towards the required residential leasing agent, broker or managing broker CE
requirements.
c) Failure to receive a renewal notice or failure to pay the
renewal fee shall not constitute valid grounds for failing to renew a license.
d) Teaching courses on an expired pre-license instructor license
shall constitute unlicensed practice and may be grounds for discipline.
e) Restoration
1) A pre-license instructor with an expired license may renew the
license without paying any lapsed renewal fees provided that the license
expired while the pre-license instructor was:
A) On active duty with the United States Army, United States Navy,
United States Marine Corps, United States Air Force, United States Coast Guard
or State Militia called into the service or training for the United States;
B) Engaged in training or education under the supervision of the United States prior to induction into military service; or
C) Serving as an employee of the Department.
2) A
pre-license instructor renewing a license as set forth in this subsection (e)
may renew the license within a period of 2 years following the termination of
service and is not required to reapply or complete any examination or
instructor training to renew.
f) Except as set forth in this Section, any pre-license
instructor whose license has expired for more than 2 years shall meet the new
applicant requirements as set forth in Section 1450.1115.
(Source:
Amended at 45 Ill. Reg. 2851, effective February 23, 2021)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.1130 APPLICATION FOR CONTINUING EDUCATION SCHOOL LICENSE AND OTHER REQUIREMENTS (REPEALED)
Section 1450.1130 Application
for Continuing Education School License and Other Requirements (Repealed)
(Source: Repealed
at 43 Ill. Reg. 1975, effective January 25, 2019)
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.1135 APPLICATION FOR CONTINUING EDUCATION COURSES AND CURRICULUM
Section 1450.1135 Application for Continuing Education
Courses and Curriculum
a) A
licensed education provider seeking to provide CE courses shall submit:
1) A
signed and completed CE course application in a format provided by the
Division;
2) The required fee set
forth in Section 1450.130; and
3) A
course description, learning objectives, comprehensive timed outline, course
objectives and, when required, the final examination and answer key for each
course, as well as the exam proctor policy and written proctor agreement.
Materials provided to the students and other information may also be required
by the Division. Each outline shall make reference to the textbook used, if
applicable, and other material related to the course or subject matter and
shall conform to a standardized curriculum approved by the Division.
b) CE
courses shall comply with a standardized curriculum provided by the Division.
c) A
licensee may earn credit for a specific CE course only once during the current
term of the license.
d) Each CE course shall include one or more subjects from either
the core category, as set forth in Sections 1450.450(b)(3)(A) and 1450.540(b)(3)(A),
or elective category, as set forth in Sections 1450.450(b)(3)(B) and
1450.540(b)(3)(B), regardless of whether students are in a classroom or are being
taught by an interactive webinar or in an online distance education format. All
CE courses shall be a minimum of 1 credit hour and shall be offered, at a
minimum, in 1 hour increments. The education provider shall clearly indicate
on the certificate of completion the number of credit hours earned from each CE
course and identify whether the course was from the core or elective category.
e) All
CE courses shall:
1) Contribute to the advancement, integrity, extension and
enhancement of professional skills and knowledge in the practice of licensed
activities; and
2) Provide experiences that contain subject matter and course
materials relevant to that set forth in Section 5-70 of the Act.
f) Each CE course, except those offered in a classroom, by interactive
webinar, or by online distance education, shall end in a mandatory proctored final
exam prepared and provided by the licensed education provider consisting of at
least 12 questions for every 1 credit hour and for which the minimum passing
score shall be no less than 75%. The education provider's registration
material shall inform the student in writing if the examination will be in electronic
format, paper format, or both. Credit hours exclude any time devoted to
taking the examination.
1) Pursuant to Section 5-70(j) of the Act, no more than 12 hours
of CE credit may be taken in one calendar day. The proctored final exam for a
CE course or courses may be given at the end of each individual course or group
of courses. For example, a licensee who intends to take 12 hours of CE may
complete the proctored final exam and earn CE credit for the courses at the end
of each individual course or group of courses, provided that the licensee does
not exceed the 12-hour limit of instruction per calendar day referenced in
Section 5-70(j) of the Act.
2) All examinations shall be proctored pursuant to an exam
proctor policy. Proctors must be impartial third parties (i.e., not a
licensee's sponsoring broker, managing broker, relative, or colleague) as
defined in Section 1450.100. Any remote proctoring must be conducted in
accordance with the requirements of State and federal law.
3) If a student fails a CE examination twice, the student must
successfully retake the CE course and pass the examination in order to receive
credit.
4) The education provider shall provide a closed book examination
when required.
g) A licensed education provider must verify student attendance
for all courses presented in a classroom, by interactive webinar, or by online
distance education.
(Source: Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.1137 AUTHORIZATION FOR THIRD PARTY DESIGNEES TO REVIEW COURSES
Section 1450.1137 Authorization for Third Party Designees
to Review Courses
a) Pursuant
to Section 30-15(j) of the Act, the Department may retain a third party to act
as the Board's designee to review course materials submitted for approval.
b) The
Department may consider the recommendation of the Board on the engagement of
the third party.
(Source: Amended at 45 Ill. Reg. 2851,
effective February 23, 2021)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.1140 APPLICATION FOR CONTINUING EDUCATION SCHOOL AND COURSE LICENSE RENEWAL (REPEALED)
Section 1450.1140 Application for Continuing Education School
and Course License Renewal (Repealed)
(Source:
Repealed at 43 Ill. Reg. 1975, effective January 25, 2019)
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.1145 APPLICATION FOR CONTINUING EDUCATION INSTRUCTOR LICENSE
Section 1450.1145 Application for Continuing Education Instructor
License
a) A
person seeking a CE instructor license shall submit:
1) A signed
and completed application in a format provided by the Division;
2) The required
fee set forth in Section 1450.130; and
3) A
certification that the applicant has attended and successfully completed a 6-hour
instructor development course. This course may be the same as the 6-hour
instructor training and development course set forth in Section 1450.1115(a)(3)(A).
The 6-hour instructor training and development course shall not count towards residential
leasing agent, broker, managing broker CE or pre-license instructor renewal
requirements.
b) Applicants
for a CE instructor license shall meet at least one of the following criteria:
1) Be licensed
and active as a broker or managing broker for the immediately preceding 3
years;
2) Be
currently admitted to practice law and, for the immediately preceding 3 years, have
been engaged in real estate related work as part of the active practice of law,
or taught real estate pre-license courses;
3) Be a
credentialed real estate course instructor engaged in teaching for the
immediately preceding 3 years;
4) Hold a
professional designation, including, but not limited to, a designated real
estate instructor (DREI);
5) Be approved
by a college or university to teach a real estate degree program;
6) Have
been licensed or certified to engage in the business of certified real estate
appraiser, certified mortgage loan originator, home inspector, auctioneer, or
certified public accountant, or other related profession as established by the Division
for the immediately preceding 3 years; or
7) Be
qualified by experience or education as set forth in Section 30-25 of the Act.
In determining whether a person is qualified to teach CE under that Section,
the Division may consider:
A) Teaching experience;
B) Real estate experience; and
C) Any real estate,
business, or legal education.
c) The
Division shall notify the applicant in writing of its decision. The Division
may restrict a CE instructor's license to teaching only certain CE courses or
certain types of CE courses. In the event the application is denied, the
reasons will be provided, and the applicant advised that the applicant may
request a hearing on the merits pursuant to Section 20-60 of the Act and
Article 10 of the Illinois Administrative Procedure Act.
d) A CE instructor
who holds a CE instructor license may only teach CE elective courses. If the
CE instructor wishes to teach any CE core curriculum or broker management CE courses,
the instructor must also hold a valid pre-license instructor license.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.1150 CONTINUING EDUCATION INSTRUCTOR LICENSE RENEWAL AND RESTORATION
Section 1450.1150 Continuing
Education Instructor License Renewal and Restoration
a) CE instructor licenses shall expire on June 30 of each odd-numbered
year.
b) Licensed CE instructors shall be responsible for submitting:
1) A renewal application in a format provided by the Division;
2) The required fee set forth in Section 1450.130; and
3) One of the following:
A) Certification of having taught at least 1 elective CE course
during the current term of licensure; or
B) Successful completion, during the current term of licensure, of
the 6-hour instructor training and development course set forth in Section
1450.1145(a).
c) Failure to receive a renewal notice or failure to pay the
renewal fee shall not constitute valid grounds for failing to renew a license.
d) Teaching CE elective courses on an expired license shall
constitute unlicensed practice and may be grounds for discipline or
non-disciplinary action.
e) Restoration
1) A CE instructor with an expired license may renew the license
without paying any lapsed renewal fees provided that the CE license expired
while the instructor was:
A) On active duty with the United States Army, United States Navy,
United States Marine Corps, United States Air Force, United States Coast Guard
or State Militia called into the service or training for the United States;
B) Engaged in training or education under the supervision of the United States prior to induction into military service; or
C) Serving as the Director or as an employee of the Department.
2) A CE instructor renewing a license as set forth in this
subsection (e) may renew the license within a period of 2 years following the
termination of service and is not required to reapply or complete any
examination or instructor training to renew.
f) Except as set forth in this Section, any CE instructor whose
license is expired for more than 2 years shall meet the new applicant
requirements set forth in Section 1450.1145.
(Source:
Amended at 45 Ill. Reg. 2851, effective February 23, 2021)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.1155 CORRESPONDENCE OR HOME STUDY COURSES
Section 1450.1155 Correspondence
or Home Study Courses
The Division may consider the recommendation of the Board
regarding correspondence or home study course curriculum. Correspondence or
home study courses are non-interactive courses in which students review and
learn material through self-study, without any mandatory interaction with a
licensed instructor, and in which participation and attendance cannot be
verified. Correspondence or home study courses shall not include classroom
instruction.
a) The following may not be taught as correspondence or home
study courses:
1) Core
CE (see Section 30-15(i)(2) of the Act);
2) The
15-hour Broker Pre-license Applied Real Estate Principles course (see Section
5-27(a)(5) of the Act and Section 1450.1105(b)(2));
3) The
45-hour broker post-license education courses (see Section 5-50(b) of the Act);
4) The
12-hour broker management CE course (see Section 5-70(b) of the Act);
5) The
15-hour Managing Broker Pre-license Applied Management and Supervision course (see
Section 5-28(a)(5) of the Act and Section 1450.1105(d)(2)); and
6) Sexual
Harassment Prevention Training (see Section 2105-15.5 of the Department of
Professional Regulation Law [20 ILCS 2105]).
b) Correspondence or home study courses shall be provided by a licensed
education provider and meet the requirements set forth in Sections 1450.1100 and
1450.1105, as applicable, and any additional requirements established by the
Act and this Part, except that:
1) The licensed education provider shall be responsible for
ensuring that the proctor verifies attendance at the proctored final examination.
The identity of each student must be verified by valid and unexpired photo identification
(i.e., driver's license, state identification card, passport, etc.) prior to
the start of the examination.
2) The examination site for correspondence or home study shall be
determined by the education provider and shall be proctored by a representative
of the education provider or by means of electronic proctoring. A licensed
instructor is not required to proctor an examination. Proctors must be
impartial third parties (i.e., not a licensee's sponsoring broker, managing
broker, relative, or colleague).
c) Students must be provided with complete information on the
nature and the content of the correspondence or home study course. A student enrolled in a correspondence or home study course
shall receive the following prior to beginning the course, as applicable:
1) Education provider and instructor contact information (e.g., telephone,
email, business address);
2) Homework assignments;
3) Testing information (e.g., sites, proctors);
4) Schedules and deadlines;
5) List of student materials and resources required (e.g.,
written materials, software);
6) Grading and course credit information;
7) Resource information;
8) Registration and withdrawal periods;
9) Fees;
10) Americans with Disabilities Act (42 USC 12101 et seq.) information,
including special needs provisions;
11) Delivery procedures;
12) Technology support services available to students; and
13) The procedure for issuing certificates of completion.
d) No continuing education credit shall be awarded or earned for
a correspondence or home study course that fails to meet the proctored final
examination requirements (see Section 30-15(i)(6)).
e) Licensed education providers providing correspondence or home
study courses shall establish written procedures for proctoring and grading
examinations. There shall also be written objectives for each course and written
procedures for the prompt return of materials, if required. Copies of these procedures
shall be provided to the Division upon application.
f) Licensed education
providers offering correspondence or home study courses shall provide for a
licensed instructor and technical support to be available during normal
business hours to answer student questions.
g) Correspondence or home study courses shall require at least the
same amount of time to complete as a classroom course. For each correspondence
or home study course, an education provider shall include in its initial
application a comprehensive timed outline consistent with course hour
requirements.
h) Licensed
education providers shall not administer a correspondence or home study course proctored
final examination to a student until the student has had adequate time to
complete the course.
(Source: Amended at 45 Ill. Reg. 2851,
effective February 23, 2021)
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.1160 RECRUITMENT
Section 1450.1160
Recruitment
a) Licensees shall not recruit exam takers to become associated
with a licensee at test facilities where the Illinois Real Estate Licensing Examinations
are conducted.
b) No licensed education providers shall allow the education provider's
premises or classrooms to be used during class time by anyone to directly or
indirectly recruit students to become associated with a licensee. Education providers
and instructors shall promptly report any efforts to recruit students during
class time to the Division.
c) The education provider and the testing vendor are prohibited
from disclosing information about any student to anyone other than the
Division, except as may be necessary for purposes of completing application or
testing related and ministerial matters strictly for the benefit of the
student.
(Source: Amended at 45 Ill. Reg. 2851, effective February 23, 2021)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.1165 DISCIPLINE OF EDUCATION PROVIDERS, INSTRUCTORS AND COURSES
Section 1450.1165 Discipline
of Education Providers, Instructors and Courses
a) Upon written recommendation of the Board to the Director, the Department
may refuse to issue or renew a license, reprimand, fine, place on probation,
suspend or revoke any license or otherwise discipline any license of any education
provider, pre-license instructor, pre-license course, CE instructor, CE course,
post-license course, or an applicant for any license when:
1) The quality of the course, instruction or program fails to
meet the established criteria as set forth in the Act and this Part;
2) The licensee commits fraud or misrepresentation in applying
for a license;
3) Any other professional license, accreditation or certification
of the instructor, school or course is suspended, revoked, or otherwise
disciplined;
4) The licensee dismisses a student from a course, without good
cause, and that dismissal results in required hours not being met;
5) The licensee fails to adhere to approved course materials;
6) The licensee conducts a course while the license is inactive, nonrenewed,
expired, suspended, revoked, or surrendered, or an applicant conducts a course prior
to being issued a license;
7) A licensee plagiarizes course material of another;
8) A course is not conducted in accordance with the delivery
method represented to the Division at the time the application for licensure
was submitted, or a course no longer complies with the criteria for the licensure;
9) The licensee does not enforce policies relating to courses,
instructor qualifications, student attendance, or course scheduling;
10) The licensee or applicant misrepresents any material fact
relating to a course;
11) The licensee fails to maintain, for a period of at least 5
years, accurate records of students' course completion or fulfill, within 14
days, student, or Division requests for course completion certificates;
12) The licensee assists a student, directly or indirectly, in
cheating on an examination, including, but not limited to, providing a copy of
the exam or questions and answers to the exam;
13) The licensee or applicant makes any substantial
misrepresentation, or engages in misleading or untruthful advertising,
including, but not limited to, guaranteeing success or a "passing
score" on any examination or any course, or using any trade name or indicia
of membership in any organization in which the applicant or licensee is not a
member;
14) The licensee or applicant teaches courses without being
licensed, assists an unlicensed individual in teaching a course, or teaches an
unlicensed or unapproved course;
15) The licensee or applicant fails to provide information to the
Division as required under any provision of the Act or this Part;
16) The licensee or applicant disregards or violates any
provision of the Act or this Part; or
17) A licensed pre-license or CE instructor fails to notify an education
provider that the instructor license is subject to a restriction set forth in
Sections 1450.1115(b) and 1450.1145(d).
18) The licensed instructor provides materially false or
misleading information concerning the subject of the course.
b) Disciplinary proceedings shall be conducted as set forth in
the Act and this Part.
(Source: Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.1170 REAL ESTATE EDUCATION ADVISORY COUNCIL (REPEALED)
Section 1450.1170 Real
Estate Education Advisory Council (Repealed)
(Source:
Repealed at 43 Ill. Reg. 1975, effective January 25, 2019)
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.1175 WAIVER OF FINAL EXAMINATION REQUIREMENTS FOR CERTAIN EDUCATION DELIVERY METHODS
Section 1450.1175 Waiver of Final Examination
Requirements for Certain Education Delivery Methods
a) The option
of not requiring a final examination (see Section 30-15(i)(5) of the Act) shall
apply to CE and pre-license courses. This option shall not apply to the 45-hour
broker post-license education (see Section 5-50(b) of the Act).
b) To
qualify for the final examination exemption under Section 30-15(i)(5) of the
Act, an education provider shall provide evidence, at the Division's request, that all students in a course offered in a classroom
participate by:
1) Recording
each student's attendance at the beginning of the class and at the end of each
class; and
2) Retaining
a record, either physically or electronically, of each student's participation,
for a minimum of 5 years. Records required by this subsection (b) are subject
to audit by the Division after 24 hours' notice.
c) To
qualify for the final examination exemption under Section 30-15(i)(5) of the
Act, an education provider shall, at the Division's request, provide evidence
that all students in an interactive webinar course demonstrate their
participation by recording each student's attendance once at the beginning of
the class and at least once per 50 minutes of instruction (see Section
30-15(i)(3) of the Act). Students shall demonstrate their attendance by
answering or responding to polling questions initiated by the instructor.
d) To
qualify for the final examination exemption under Section 30-15(i)(5) of the
Act, an education provider shall, at the Division's request, provide evidence
that all students in an online distance education course demonstrated their
participation and comprehension by:
1) Requiring
and recording each student's responses and answers and verifying that the
student satisfied the 75% minimum comprehension threshold. No more than 250
questions shall be required in any one course;
2) Retaining
each student's responses and answers, either physically or electronically, for
a minimum of 5 years. The records are subject to audit by the Division after
24 hours' notice;
3) Providing
that, should a student fail to meet the 75% minimum comprehension requirement,
the student will be given another opportunity to demonstrate comprehension
within the same course, provided that the questions, response choices, and
answers are randomized and not in the same order as first presented to the
student; and
4) Verifying
a student's identity at the beginning and conclusion of the course and maintaining
that verification with date and time stamp, either physically or electronically,
for 5 years. The records are subject to audit by the Division after 24 hours'
notice.
e) Education
providers, upon request of the Division, shall provide records of student
attendance and/or performance.
(Source:
Amended at 49 Ill. Reg. 9512, effective July 7, 2025)
|
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.1180 PROCTOR STANDARDS
Section 1450.1180 Proctor Standards
The proctor shall authenticate the identity of the student
taking the examination; monitor the student and the examination-taking process
to ensure that the examination is completed without the aid of additional
persons or resources, unless approved by the Division; and protect the
confidentiality of educational materials. Proctors must be impartial third
parties and may not be an applicant's or licensee's sponsoring broker, managing
broker, relative, or colleague.
(Source: Amended at 45 Ill. Reg. 2851, effective February 23, 2021)
SUBPART L: CONTINUING EDUCATION TRANSITIONAL PROVISIONS
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.1200 CONTINUING EDUCATION REQUIREMENTS FOR TRANSITIONED LICENSEES (REPEALED)
Section 1450.1200 Continuing
Education Requirements for Transitioned Licensees (Repealed)
(Source:
Repealed at 40 Ill. Reg. 12588, effective September 2, 2016)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.1205 CONTINUING EDUCATION SCHOOLS AND COURSES (REPEALED)
Section 1450.1205 Continuing Education Schools and
Courses (Repealed)
(Source: Repealed at 45 Ill. Reg. 2851,
effective February 23, 2021)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.1210 CREDIT FOR CONTINUING EDUCATION COURSES (REPEALED)
Section 1450.1210 Credit for Continuing Education
Courses (Repealed)
(Source: Repealed at 45 Ill. Reg. 2851,
effective February 23, 2021)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.1215 PRE-LICENSE SCHOOLS AND COURSES (REPEALED)
Section 1450.1215 Pre-license Schools and Courses
(Repealed)
(Source:
Repealed at 45 Ill. Reg. 2851, effective February 23, 2021)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450
REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.1220 EDUCATION PROVIDER, COURSE AND INSTRUCTOR TRANSITION (REPEALED)
Section 1450.1220 Education Provider, Course and
Instructor Transition (Repealed)
(Source:
Repealed at 45 Ill. Reg. 2851, effective February 23, 2021)
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.1225 CORE CONTINUING EDUCATION COURSE TRANSITION
Section 1450.1225 Core Continuing Education Course
Transition
a) The
Division will accept applications for the broker 6-hour core continuing
education courses and the 12-hour managing broker continuing education course
that comply with the new requirements and curriculum established in this Part.
b) Effective
July 1, 2025, all broker and managing broker continuing education courses that
do not comply with the new requirements and curriculum approved by the Division
will not be accepted and are ineligible for renewal.
c) Applicants
for managing broker licenses that were up for renewal on April 30, 2025, are
not required to fulfill their 24-hour continuing education hours with courses
that include the updated requirements and curriculum. However, applicants for
managing broker licenses that are up for renewal in the subsequent renewal
terms will be required to only take courses that include the updated core hours
and curriculum.
d) Applicants
for broker licenses that are up for renewal on April 30, 2026, are required to
fulfill their 12-hour continuing education hours with courses that include the
updated 6-hour core curriculum. However, if applicants for broker licenses take
and complete the previous 4-hour core curriculum between May 1, 2024, and June
30, 2025, they have fulfilled their core continuing education requirements and
will need 8 hours of elective continuing education for the 2026 broker renewal.
(Source: Added at 49 Ill. Reg. 9512,
effective July 7, 2025)
| SUBPART M: REAL ESTATE AUCTION CERTIFICATION
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.1300 REAL ESTATE AUCTION PRE-CERTIFICATION EDUCATION
Section 1450.1300 Real Estate Auction Pre-Certification
Education
a) The
30-hour real estate certification course set forth in Section 5-32 of the Act
shall include the following:
1) 18
hours relating to real estate including the following topics:
A) Illinois
and federal statutes and rules governing real estate;
B) Agency;
C) Real
estate advertising; and
D) Any
other subject matter recommended by the Division.
2) 12
hours relating to auctions including the following topics:
A) Illinois
and federal statutes and rules governing auctions;
B) Auction
advertising; and
C) Any
other subject matter recommended by the Division.
b) The
30-hour real estate auction certification course may be completed in a
classroom, by interactive webinar, or by an online distance education course.
c) The Board
shall approve the 30-hour real estate auction course required by Section 25-110
of the Auction License Act [225 ILCS 407/25-110].
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
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ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.1310 APPLICATION FOR REAL ESTATE AUCTION CERTIFICATION
Section 1450.1310 Application for Real Estate Auction
Certification
To obtain a real estate auction certification, an applicant
must:
a) Submit
a signed and completed real estate auction certification application in a format
provided by the Division;
b) Hold a valid auctioneer
license under the Auction License Act [225 ILCS 407];
c) Pay the fee required by
Section 1450.130(d)(1); and
d) Complete
a 30-hour real estate auction certification course set forth in Section 1450.130,
including passing the mandatory proctored final course exam.
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
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ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1450 REAL ESTATE LICENSE ACT OF 2000 SECTION 1450.1320 REAL ESTATE AUCTION CERTIFICATION ACTIVITIES
Section 1450.1320 Real Estate Auction Certification
Activities
a) A
licensed auctioneer with a real estate auction certification, who is not
otherwise exempt from holding a broker or managing broker license under Section
5-20(13) of the Act, performing activities related to the auction of real
estate shall be limited to:
1) Establishing
the time of the real estate auction;
2) Establishing
the place of the real estate auction;
3) Establishing
the method of the real estate auction;
4) Placing
proper advertisements regarding the real estate auction as set forth in
Sections 1450.715 and 1450.720; and
5) Crying
or calling the real estate auction.
b) A
licensed auctioneer exempt from holding a broker or managing broker license
under Section 5-20(13) of the Act who is performing activities related to the
auction of real estate shall be limited to:
1) Establishing
the time of the real estate auction;
2) Establishing
the place of the real estate auction;
3) Establishing
the method of the real estate auction;
4) Placing
proper advertisements regarding the real estate auction as set forth in
Sections 1450.715 and 1450.720;
5) Crying
or calling the real estate auction; and
6) Selling
or leasing real estate at auction.
c) As
set forth in Section 5-32 of the Act, the Department may revoke, suspend, or otherwise discipline the real
estate auction certification of a licensed auctioneer who violates Section 5-32
of the Act or Section 20-15 of the Auction License Act [225 ILCS 407].
(Source: Amended at 49 Ill. Reg. 9512,
effective July 7, 2025)
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