(225 ILCS 454/5-20) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 5-20. Exemptions from managing broker, broker, or residential leasing agent license
requirement; Department exemption from education provider and related licenses. The requirement for holding a license under this Article 5 shall
not apply to: (1) Any person, as defined in Section 1-10, that as |
| owner or lessor performs any of the acts described in the definition of "broker" under Section 1-10 of this Act with reference to property owned or leased by it, or to the regular employees thereof with respect to the property so owned or leased, where such acts are performed in the regular course of or as an incident to the management, sale, or other disposition of such property and the investment therein, if such regular employees do not perform any of the acts described in the definition of "broker" under Section 1-10 of this Act in connection with a vocation of selling or leasing any real estate or the improvements thereon not so owned or leased.
|
|
(2) An attorney in fact acting under a duly executed
|
| and recorded power of attorney to convey real estate from the owner or lessor or the services rendered by an attorney at law in the performance of the attorney's duty as an attorney at law.
|
|
(3) Any person acting as receiver, trustee in
|
| bankruptcy, administrator, executor, or guardian or while acting under a court order or under the authority of a will or testamentary trust.
|
|
(4) Any person acting as a resident manager for the
|
| owner or any employee acting as the resident manager for a broker managing an apartment building, duplex, or apartment complex, when the resident manager resides on the premises, the premises is the primary residence of the resident manager, and the resident manager is engaged in the leasing of that property.
|
|
(5) Any officer or employee of a federal agency in
|
| the conduct of official duties.
|
|
(6) Any officer or employee of the State government
|
| or any political subdivision thereof performing official duties.
|
|
(7) Any multiple listing service or other similar
|
| information exchange that is engaged in the collection and dissemination of information concerning real estate available for sale, purchase, lease, or exchange for the purpose of providing licensees with a system by which licensees may cooperatively share information along with which no other licensed activities, as defined in Section 1-10 of this Act, are provided.
|
|
(8) Railroads and other public utilities regulated by
|
| the State of Illinois, or the officers or full-time employees thereof, unless the performance of any licensed activities is in connection with the sale, purchase, lease, or other disposition of real estate or investment therein that does not require the approval of the appropriate State regulatory authority.
|
|
(9) Any medium of advertising in the routine course
|
| of selling or publishing advertising along with which no other licensed activities, as defined in Section 1-10 of this Act, are provided.
|
|
(10) Any resident lessee of a residential dwelling
|
| unit who refers for compensation to the owner of the dwelling unit, or to the owner's agent, prospective lessees of dwelling units in the same building or complex as the resident lessee's unit, but only if the resident lessee (i) refers no more than 3 prospective lessees in any 12-month period, (ii) receives compensation of no more than $5,000 or the equivalent of 2 months' rent, whichever is less, in any 12-month period, and (iii) limits activities to referring prospective lessees to the owner, or the owner's agent, and does not show a residential dwelling unit to a prospective lessee, discuss terms or conditions of leasing a dwelling unit with a prospective lessee, or otherwise participate in the negotiation of the leasing of a dwelling unit.
|
|
(11) The purchase, sale, or transfer of a timeshare
|
| or similar vacation item or interest, vacation club membership, or other activity formerly regulated under the Real Estate Timeshare Act of 1999 (repealed).
|
|
(12) (Blank).
(13) Any person who is licensed without examination
|
| under Section 10-25 (now repealed) of the Auction License Act is exempt from holding a managing broker's or broker's license under this Act for the limited purpose of selling or leasing real estate at auction, so long as:
|
|
(A) that person has made application for said
|
| exemption by July 1, 2000;
|
|
(B) that person verifies to the Department that
|
| the person has sold real estate at auction for a period of 5 years prior to licensure as an auctioneer;
|
|
(C) the person has had no lapse in the licensure
|
|
(D) the license issued under the Auction License
|
| Act has not been disciplined for violation of those provisions of Article 20 of the Auction License Act dealing with or related to the sale or lease of real estate at auction.
|
|
(14) A person who holds a valid license under the
|
| Auction License Act and a valid real estate auction certification and conducts auctions for the sale of real estate under Section 5-32 of this Act.
|
|
(15) A hotel operator who is registered with the
|
| Illinois Department of Revenue and pays taxes under the Hotel Operators' Occupation Tax Act and rents a room or rooms in a hotel as defined in the Hotel Operators' Occupation Tax Act for a period of not more than 30 consecutive days and not more than 60 days in a calendar year or a person who participates in an online marketplace enabling persons to rent out all or part of the person's owned residence.
|
|
(16) Notwithstanding any provisions to the
|
| contrary, the Department and its employees shall be exempt from education, course provider, instructor, and course license requirements and fees while acting in an official capacity on behalf of the Department. Courses offered by the Department shall be eligible for continuing education credit.
|
|
(Source: P.A. 103-236, eff. 1-1-24.)
(Text of Section after amendment by P.A. 103-1039)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-20. Exemptions from managing broker, broker, or residential leasing agent license requirement; Department exemption from education provider and related licenses. The requirement for holding a license under this Article 5 shall not apply to:
(1) Any person, as defined in Section 1-10, who: (A)
|
| is the owner or lessor of real property who performs any of the acts described in the definition of "broker" under Section 1-10 of this Act only as it relates to the owned or leased property; or (B) is the regular employee who, in the course of the employee's duties and incidental to the management, sale, or other disposition of such property and the investment of the owned or leased property performs any of the acts described in the definition of "broker" under Section 1-10 of this Act. The exemption in this item (1) does not apply to the person, the person's employees, or the person's agents performing licensed activity for property not owned or leased by that person.
|
|
(2) An attorney in fact acting under a duly executed
|
| and recorded power of attorney to convey real estate from the owner or lessor or the services rendered by an attorney at law in the performance of the attorney's duty as an attorney at law.
|
|
(3) Any person acting as receiver, trustee in
|
| bankruptcy, administrator, executor, or guardian or while acting under a court order or under the authority of a will or testamentary trust.
|
|
(4) Any person acting as a resident manager for the
|
| owner or any employee acting as the resident manager for a broker managing an apartment building, duplex, or apartment complex, when the resident manager resides on the premises, the premises is the primary residence of the resident manager, and the resident manager is engaged in the leasing of that property.
|
|
(5) Any officer or employee of a federal agency in
|
| the conduct of official duties.
|
|
(6) Any officer or employee of the State government
|
| or any political subdivision thereof performing official duties.
|
|
(7) Any multiple listing service or other similar
|
| information exchange that is engaged in the collection and dissemination of information concerning real estate available for sale, purchase, lease, or exchange for the purpose of providing licensees with a system by which licensees may cooperatively share information along with which no other licensed activities, as defined in Section 1-10 of this Act, are provided.
|
|
(8) Railroads and other public utilities regulated by
|
| the State of Illinois, or the officers or full-time employees thereof, unless the performance of any licensed activities is in connection with the sale, purchase, lease, or other disposition of real estate or investment therein that does not require the approval of the appropriate State regulatory authority.
|
|
(9) Any medium of advertising in the routine course
|
| of selling or publishing advertising along with which no other licensed activities, as defined in Section 1-10 of this Act, are provided.
|
|
(10) Any resident lessee of a residential dwelling
|
| unit who refers for compensation to the owner of the dwelling unit, or to the owner's agent, prospective lessees of dwelling units in the same building or complex as the resident lessee's unit, but only if the resident lessee (i) refers no more than 3 prospective lessees in any 12-month period, (ii) receives compensation of no more than $5,000 or the equivalent of 2 months' rent, whichever is less, in any 12-month period, and (iii) limits activities to referring prospective lessees to the owner, or the owner's agent, and does not show a residential dwelling unit to a prospective lessee, discuss terms or conditions of leasing a dwelling unit with a prospective lessee, or otherwise participate in the negotiation of the leasing of a dwelling unit.
|
|
(11) The purchase, sale, or transfer of a timeshare
|
| or similar vacation item or interest, vacation club membership, or other activity formerly regulated under the Real Estate Timeshare Act of 1999 (repealed).
|
|
(12) (Blank).
(13) Any person who is licensed without examination
|
| under Section 10-25 (now repealed) of the Auction License Act is exempt from holding a managing broker's or broker's license under this Act for the limited purpose of selling or leasing real estate at auction, so long as:
|
|
(A) that person has made application for said
|
| exemption by July 1, 2000;
|
|
(B) that person verifies to the Department that
|
| the person has sold real estate at auction for a period of 5 years prior to licensure as an auctioneer;
|
|
(C) the person has had no lapse in the licensure
|
|
(D) the license issued under the Auction License
|
| Act has not been disciplined for violation of those provisions of Article 20 of the Auction License Act dealing with or related to the sale or lease of real estate at auction.
|
|
(14) A person who holds a valid license under the
|
| Auction License Act and a valid real estate auction certification and conducts auctions for the sale of real estate under Section 5-32 of this Act.
|
|
(15) A hotel operator who is registered with the
|
| Illinois Department of Revenue and pays taxes under the Hotel Operators' Occupation Tax Act and rents a room or rooms in a hotel as defined in the Hotel Operators' Occupation Tax Act for a period of not more than 30 consecutive days and not more than 60 days in a calendar year or a person who participates in an online marketplace enabling persons to rent out all or part of the person's owned residence.
|
|
(16) Notwithstanding any provisions to the contrary,
|
| the Department and its employees shall be exempt from education, course provider, instructor, and course license requirements and fees while acting in an official capacity on behalf of the Department. Courses offered by the Department shall be eligible for continuing education credit.
|
|
(Source: P.A. 103-236, eff. 1-1-24; 103-1039, eff. 1-1-25.)
|
(225 ILCS 454/5-25) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 5-25. Good moral character. (a) When an applicant has had a license revoked on a prior occasion
or when an
applicant is found to have committed any of the practices enumerated in Section
20-20 of this Act or when an
applicant has been convicted of or enters a plea of guilty or nolo contendere to forgery, embezzlement, obtaining money under
false pretenses,
larceny, extortion, conspiracy to defraud, or any other similar offense or
offenses or has been
convicted of a felony involving moral turpitude in any court of competent
jurisdiction in this or any
other state, district, or territory of the United States or of a foreign
country, the Board may consider
the prior revocation, conduct, or conviction in its determination of the
applicant's moral character
and whether to grant the applicant a license. (b) In its consideration of the prior revocation, conduct, or conviction, the Board shall take into account the nature of the conduct, any aggravating or extenuating circumstances, the time elapsed since the revocation, conduct, or conviction, the rehabilitation or restitution performed by the applicant, mitigating factors, and any other factors that the Board deems relevant, including, but not limited to: (1) the lack of direct relation of the offense for |
| which the applicant was previously convicted to the duties, functions, and responsibilities of the position for which a license is sought;
|
|
(2) unless otherwise specified, whether 5 years
|
| since a felony conviction or 3 years since release from confinement for the conviction, whichever is later, have passed without a subsequent conviction;
|
|
(3) if the applicant was previously licensed or
|
| employed in this State or other states or jurisdictions, the lack of prior misconduct arising from or related to the licensed position or position of employment;
|
|
(4) the age of the person at the time of the
|
|
(5) if, due to the applicant's criminal conviction
|
| history, the applicant would be explicitly prohibited by federal rules or regulations from working in the position for which a license is sought;
|
|
(6) successful completion of sentence and, for
|
| applicants serving a term of parole or probation, a progress report provided by the applicant's probation or parole officer that documents the applicant's compliance with conditions of supervision;
|
|
(7) evidence of the applicant's present fitness and
|
|
(8) evidence of rehabilitation or rehabilitative
|
| effort during or after incarceration, or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections or a certificate of relief from disabilities under Section 5-5.5-10 of the Unified Code of Corrections; and
|
|
(9) any other mitigating factors that contribute to
|
| the person's potential and current ability to perform the job duties.
|
|
(c) The Department shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for licensure or registration:
(1) juvenile adjudications of delinquent minors as
|
| defined in Section 5-105 of the Juvenile Court Act of 1987 subject to the restrictions set forth in Section 5-130 of that Act;
|
|
(2) law enforcement records, court records, and
|
| conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult;
|
|
(3) records of arrests not followed by a charge or
|
|
(4) records of arrests where the charges were
|
| dismissed unless related to the practice of the profession; however, applicants shall not be asked to report any arrests, and an arrest not followed by a conviction shall not be the basis of a denial and may be used only to assess an applicant's rehabilitation;
|
|
(5) convictions overturned by a higher court; or
(6) convictions or arrests that have been sealed or
|
|
(d) If an applicant makes a false statement of material fact on the application, the false statement may in itself be sufficient grounds to revoke or refuse to issue a license.
(e) A licensee shall report to the Department, in a manner prescribed by the Department and within 30 days after the occurrence of: (1) any conviction of or plea of guilty, or nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any similar offense or offenses or any conviction of a felony involving moral turpitude; (2) the entry of an administrative sanction by a government agency in this State or any other jurisdiction that has as an essential element dishonesty or fraud or involves larceny, embezzlement, or obtaining money, property, or credit by false pretenses; or (3) any crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act.
(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
(Text of Section after amendment by P.A. 103-1039)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-25. Good moral character.
(a) When an applicant has had a license revoked on a prior occasion or when an applicant is found to have committed any of the practices enumerated in Section 20-20 of this Act or when an applicant has been convicted of or enters a plea of guilty or nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any other similar offense or offenses or has been convicted of a felony involving moral turpitude in any court of competent jurisdiction in this or any other state, district, or territory of the United States or of a foreign country, the Department may consider the prior revocation, conduct, or conviction in its determination of the applicant's moral character and whether to grant the applicant a license.
(b) In its consideration of the prior revocation, conduct, or conviction, the Department shall take into account the nature of the conduct, any aggravating or extenuating circumstances, the time elapsed since the revocation, conduct, or conviction, the rehabilitation or restitution performed by the applicant, mitigating factors, and any other factors that the Department deems relevant, including, but not limited to:
(1) the lack of direct relation of the offense for
|
| which the applicant was previously convicted to the duties, functions, and responsibilities of the position for which a license is sought;
|
|
(2) unless otherwise specified, whether 5 years since
|
| a felony conviction or 3 years since release from confinement for the conviction, whichever is later, have passed without a subsequent conviction;
|
|
(3) if the applicant was previously licensed or
|
| employed in this State or other states or jurisdictions, the lack of prior misconduct arising from or related to the licensed position or position of employment;
|
|
(4) the age of the person at the time of the criminal
|
|
(5) if, due to the applicant's criminal conviction
|
| history, the applicant would be explicitly prohibited by federal rules or regulations from working in the position for which a license is sought;
|
|
(6) successful completion of sentence and, for
|
| applicants serving a term of parole or probation, a progress report provided by the applicant's probation or parole officer that documents the applicant's compliance with conditions of supervision;
|
|
(7) evidence of the applicant's present fitness and
|
|
(8) evidence of rehabilitation or rehabilitative
|
| effort during or after incarceration, or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections or a certificate of relief from disabilities under Section 5-5.5-10 of the Unified Code of Corrections; and
|
|
(9) any other mitigating factors that contribute to
|
| the person's potential and current ability to perform the job duties.
|
|
(c) The Department shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for licensure or registration:
(1) juvenile adjudications of delinquent minors as
|
| defined in Section 5-105 of the Juvenile Court Act of 1987 subject to the restrictions set forth in Section 5-130 of that Act;
|
|
(2) law enforcement records, court records, and
|
| conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult;
|
|
(3) records of arrests not followed by a charge or
|
|
(4) records of arrests where the charges were
|
| dismissed unless related to the practice of the profession; however, applicants shall not be asked to report any arrests, and an arrest not followed by a conviction shall not be the basis of a denial and may be used only to assess an applicant's rehabilitation;
|
|
(5) convictions overturned by a higher court; or
(6) convictions or arrests that have been sealed or
|
|
(d) If an applicant makes a false statement of material fact on the application, the false statement may in itself be sufficient grounds to revoke or refuse to issue a license.
(e) A licensee shall report to the Department, in a manner prescribed by the Department and within 30 days after the occurrence of: (1) any conviction of or plea of guilty, or nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any similar offense or offenses or any conviction of a felony involving moral turpitude; (2) the entry of an administrative sanction by a government agency in this State or any other jurisdiction that has as an essential element of dishonesty or fraud or involves larceny, embezzlement, or obtaining money, property, or credit by false pretenses; or (3) any conviction of or plea of guilty or nolo contendere to a crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act.
(Source: P.A. 102-970, eff. 5-27-22; 103-1039, eff. 1-1-25.)
|
(225 ILCS 454/5-28) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 5-28. Requirements for licensure as a managing broker. (a) Every applicant for licensure as a managing broker must meet the following qualifications: (1) be at least 20 years of age; (2) be of good moral character; (3) have been licensed at least 2 consecutive years |
| out of the preceding 3 years as a broker;
|
|
(4) successfully complete a 4-year course of study in
|
| high school or secondary school approved by the state in which the school is located, or a State of Illinois High School Diploma, which shall be verified under oath by the applicant;
|
|
(5) provide satisfactory evidence of having completed
|
| at least 165 hours, 120 of which shall be those hours required pre-licensure and post-licensure to obtain a broker's license, and 45 additional hours completed within the year immediately preceding the filing of an application for a managing broker's license, which hours shall focus on brokerage administration and management and residential leasing agent management and include at least 15 hours in the classroom or by live, interactive webinar or online distance education courses;
|
|
(6) personally take and pass a written examination
|
| authorized by the Department; and
|
|
(7) submit a valid application for issuance of a
|
| license accompanied by the fees specified by rule.
|
|
(b) The requirements specified in item (5) of subsection (a) of this Section do not apply to applicants who are currently admitted to practice law by the Supreme Court of Illinois and are currently in active standing.
(Source: P.A. 101-357, eff. 8-9-19; 102-1100, eff. 1-1-23.)
(Text of Section after amendment by P.A. 103-1039)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-28. Requirements for licensure as a managing broker.
(a) Every applicant for licensure as a managing broker must meet the following qualifications:
(1) be at least 20 years of age;
(2) be of good moral character;
(3) have been licensed at least 2 consecutive years
|
| out of the preceding 3 years as a broker;
|
|
(4) successfully complete a 4-year course of study in
|
| high school or secondary school approved by the state in which the school is located, or a State of Illinois High School Diploma, which shall be verified under oath by the applicant;
|
|
(5) provide satisfactory evidence of having completed
|
| at least 165 hours, 120 of which shall be those hours required pre-licensure and post-licensure to obtain a broker's license, and 45 additional hours completed within the year immediately preceding the filing of an application for a managing broker's license, which hours shall focus on brokerage administration and management and residential leasing agent management and include at least 15 hours in the classroom or by live, interactive webinar or online distance education courses;
|
|
(6) personally take and pass a written examination on
|
| Illinois specific real estate brokerage laws authorized by the Department; and
|
|
(7) submit a valid application for issuance of a
|
| license accompanied by the fees specified by rule.
|
|
(b) The requirements specified in item (5) of subsection (a) of this Section do not apply to applicants who are currently admitted to practice law by the Supreme Court of Illinois and are currently in active standing.
(Source: P.A. 102-1100, eff. 1-1-23; 103-1039, eff. 1-1-25.)
|
(225 ILCS 454/5-45) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 5-45. Offices. (a) If a sponsoring broker maintains more than one office within the State,
the sponsoring
broker shall notify the Department in a manner prescribed by the Department for each office other than the
sponsoring broker's
principal place of business. The brokerage license shall be displayed
conspicuously in each
office. The name of each branch office shall be the same as that of the
sponsoring broker's
principal office or shall clearly delineate the office's relationship
with the principal office. (b) The sponsoring broker shall name a designated managing broker for each
office and the
sponsoring broker shall be responsible for supervising all designated managing brokers.
The sponsoring
broker shall notify the Department in a manner prescribed by the Department of the name of all designated managing brokers of the
sponsoring broker and the office or offices they manage.
Any changes in designated managing brokers shall be reported to the Department in a manner prescribed by the Department within 15
days of the
change. Failure to do so shall subject the sponsoring broker to discipline
under
Section 20-20 of this Act. (c) The sponsoring broker shall, within 24 hours, notify the Department in a manner prescribed by the Department of any
opening, closing, or
change in location of any office. (d) Except as provided in this Section, each sponsoring broker shall
maintain an office,
or place of business within this State for the transaction of real estate
business, shall conspicuously
display an identification sign on the outside of the physical office of adequate
size and visibility. Any record required by this Act to be created or maintained shall be, in the case of a physical record, securely stored and accessible for inspection by the Department at the sponsoring broker's principal office and, in the case of an electronic record, securely stored in the format in which it was originally generated, sent, or received and accessible for inspection by the Department by secure electronic access to the record. Any record relating to a transaction of a special account shall be maintained for a minimum of 5 years, and any electronic record shall be backed up at least monthly. The office or place of business shall not be located in any
retail or financial business
establishment unless it is clearly separated from the other business and is situated within a
distinct area within
the establishment. (e) A broker who is licensed in this State by examination or
pursuant to the
provisions of Section 5-60 of this Act shall not be required to maintain a
definite office or place of
business in this State provided all of the following conditions are met: (1) the broker maintains an active broker's license |
| in the broker's state of domicile;
|
|
(2) the broker maintains an office in the broker's
|
|
(3) the broker has filed with the Department written
|
| statements appointing the Secretary to act as the broker's agent upon whom all judicial and other process or legal notices directed to the licensee may be served and agreeing to abide by all of the provisions of this Act with respect to the broker's real estate activities within the State of Illinois and submitting to the jurisdiction of the Department.
|
|
The statements under subdivision (3) of this Section shall be in form and
substance the same as those
statements required
under Section 5-60 of this Act and shall operate to the same extent.
(f) The Department may adopt rules to regulate the operation of virtual offices that do not have a fixed location.
(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
(Text of Section after amendment by P.A. 103-1039)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-45. Offices.
(a) If a sponsoring broker maintains more than one office within the State, the sponsoring broker shall notify the Department in a manner prescribed by the Department for each office other than the sponsoring broker's principal place of business. The brokerage license shall be displayed conspicuously in each office. The name of each branch office shall be the same as that of the sponsoring broker's principal office or shall clearly delineate the office's relationship with the principal office.
(b) The sponsoring broker shall name a designated managing broker for each office and the sponsoring broker shall be responsible for supervising all designated managing brokers. The sponsoring broker shall notify the Department in a manner prescribed by the Department of the name of all designated managing brokers of the sponsoring broker and the office or offices they manage. Any changes in designated managing brokers shall be reported to the Department in a manner prescribed by the Department within 15 days of the change. Failure to do so shall subject the sponsoring broker to discipline under Section 20-20 of this Act.
(c) The sponsoring broker shall, within 24 hours, notify the Department in a manner prescribed by the Department of any opening, closing, or change in location of any office.
(d) Except as provided in this Section, each sponsoring broker shall maintain an office, or place of business within this State for the transaction of real estate business, shall conspicuously display an identification sign on the outside of the physical office of adequate size and visibility. Any record required by this Act to be created or maintained shall be, in the case of a physical record, securely stored and accessible for inspection by the Department at the sponsoring broker's principal office and, in the case of an electronic record, securely stored in the format in which it was originally generated, sent, or received and accessible for inspection by the Department by secure electronic access to the record. Any record relating to a transaction of a special account shall be maintained for a minimum of 5 years, and any electronic record shall be backed up at least monthly. The physical office or place of business shall not be located in any retail or financial business establishment unless it is clearly separated from the other business and is situated within a distinct area within the establishment.
(e) A nonresident broker who is licensed in this State by examination or pursuant to the provisions of Section 5-60 or 5-60.5 of this Act shall not be required to maintain a definite office or place of business in this State so long as the broker:
(1) maintains an active broker's license in the
|
| broker's other state of licensure;
|
|
(2) maintains an office in the broker's other state
|
|
(3) files with the Department written statements
|
| appointing the Secretary to act as the broker's agent upon whom all judicial and other process or legal notices directed to the licensee may be served and agreeing to abide by all of the provisions of this Act with respect to the broker's real estate activities within the State of Illinois and submitting to the jurisdiction of the Department.
|
|
The statements under subdivision (3) of this Section shall be in form and substance the same as those statements required under Section 5-60 of this Act and shall operate to the same extent.
(f) The Department may adopt rules to regulate the operation of virtual offices that do not have a fixed location. A broker who qualifies under subsection (e) of this Section may also operate a virtual office in the State subject to all requirements of this Act and the rules adopted under this Act.
(Source: P.A. 102-970, eff. 5-27-22; 103-1039, eff. 1-1-25.)
|
(225 ILCS 454/5-60) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2026) Sec. 5-60. Managing broker licensed in another state; broker licensed in another state; reciprocal agreements; agent for service of process. (a) A managing broker's license may be issued by the Department to a managing broker or its equivalent licensed under the laws of another state of the United States, under the following conditions: (1) the managing broker holds a managing broker's |
| license in a state that has entered into a reciprocal agreement with the Department;
|
|
(2) the standards for that state for licensing as a
|
| managing broker are substantially equal to or greater than the minimum standards in the State of Illinois;
|
|
(3) the managing broker has been actively practicing
|
| as a managing broker in the managing broker's state of licensure for a period of not less than 2 years, immediately prior to the date of application;
|
|
(4) the managing broker furnishes the Department with
|
| a statement under seal of the proper licensing authority of the state in which the managing broker is licensed showing that the managing broker has an active managing broker's license, that the managing broker is in good standing, and any disciplinary action taken against the managing broker in that state;
|
|
(5) the managing broker passes a test on Illinois
|
| specific real estate brokerage laws; and
|
|
(6) the managing broker was licensed by an
|
| examination in the state that has entered into a reciprocal agreement with the Department.
|
|
(b) A broker's license may be issued by the Department to a broker or its equivalent licensed under the laws of another state of the United States, under the following conditions:
(1) the broker holds a broker's license in a state
|
| that has entered into a reciprocal agreement with the Department;
|
|
(2) the standards for that state for licensing as a
|
| broker are substantially equivalent to or greater than the minimum standards in the State of Illinois;
|
|
(3) (blank);
(4) the broker furnishes the Department with a
|
| statement under seal of the proper licensing authority of the state in which the broker is licensed showing that the broker has an active broker's license, that the broker is in good standing, and any disciplinary action taken against the broker in that state;
|
|
(5) the broker passes a test on Illinois specific
|
| real estate brokerage laws; and
|
|
(6) the broker was licensed by an examination in a
|
| state that has entered into a reciprocal agreement with the Department.
|
|
(c) (Blank).
(d) As a condition precedent to the issuance of a license to a managing broker or broker pursuant to this Section, the managing broker or broker shall agree in writing to abide by all the provisions of this Act with respect to real estate activities within the State of Illinois and submit to the jurisdiction of the Department as provided in this Act. The agreement shall be filed with the Department and shall remain in force for so long as the managing broker or broker is licensed by this State and thereafter with respect to acts or omissions committed while licensed as a managing broker or broker in this State.
(e) Prior to the issuance of any license to any managing broker or broker pursuant to this Section, verification of active licensure issued for the conduct of such business in any other state must be filed with the Department by the managing broker or broker, and the same fees must be paid as provided in this Act for the obtaining of a managing broker's or broker's license in this State.
(f) Licenses previously granted under reciprocal agreements with other states shall remain in force so long as the Department has a reciprocal agreement with the state that includes the requirements of this Section, unless that license is suspended, revoked, or terminated by the Department for any reason provided for suspension, revocation, or termination of a resident licensee's license. Licenses granted under reciprocal agreements may be renewed in the same manner as a resident's license.
(g) Prior to the issuance of a license to a nonresident managing broker or broker, the managing broker or broker shall file with the Department, in a manner prescribed by the Department, a designation in writing that appoints the Secretary to act as agent upon whom all judicial and other process or legal notices directed to the managing broker or broker may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of the appointment, certified by the Secretary, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In the written designation, the managing broker or broker shall agree that any lawful process against the licensee that is served upon the agent shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this State. Upon the receipt of any process or notice, the Secretary shall forthwith deliver a copy of the same by regular mail or email to the last known business address or email address of the licensee.
(h) Any person holding a valid license under this Section shall be eligible to obtain a managing broker's license or a broker's license without examination should that person change their state of domicile to Illinois and that person otherwise meets the qualifications for licensure under this Act.
(Source: P.A. 103-236, eff. 1-1-24.)
(Text of Section after amendment by P.A. 103-1039)
(Section scheduled to be repealed on January 1, 2026)
Sec. 5-60. Managing broker licensed in another state; broker licensed in another state; reciprocal agreements; agent for service of process.
(a) A managing broker's license may be issued by the Department to a managing broker or its equivalent licensed under the laws of another state of the United States, under the following conditions:
(1) the managing broker holds a managing broker's
|
| license in a state that has entered into a reciprocal agreement with the Department;
|
|
(2) the standards for that state for licensing as a
|
| managing broker are substantially equal to or greater than the minimum standards in the State of Illinois;
|
|
(3) the managing broker has been actively practicing
|
| as a managing broker in the managing broker's state of licensure for a period of not less than 2 years, immediately prior to the date of application;
|
|
(4) the managing broker furnishes the Department with
|
| a statement under seal of the proper licensing authority of the state in which the managing broker is licensed showing that the managing broker has an active managing broker's license, that the managing broker is in good standing, and any disciplinary action taken against the managing broker in that state;
|
|
(5) the managing broker passes a test on Illinois
|
| specific real estate brokerage laws; and
|
|
(6) the managing broker was licensed by an
|
| examination in the state that has entered into a reciprocal agreement with the Department.
|
|
(b) A broker's license may be issued by the Department to a broker or its equivalent licensed under the laws of another state of the United States, under the following conditions:
(1) the broker holds a broker's license in a state
|
| that has entered into a reciprocal agreement with the Department;
|
|
(2) the standards for that state for licensing as a
|
| broker are substantially equivalent to or greater than the minimum standards in the State of Illinois;
|
|
(3) (blank);
(4) the broker furnishes the Department with a
|
| statement under seal of the proper licensing authority of the state in which the broker is licensed showing that the broker has an active broker's license, that the broker is in good standing, and any disciplinary action taken against the broker in that state;
|
|
(5) the broker passes a test on Illinois specific
|
| real estate brokerage laws; and
|
|
(6) the broker was licensed by an examination in a
|
| state that has entered into a reciprocal agreement with the Department.
|
|
(c) (Blank).
(d) As a condition precedent to the issuance of a license to a managing broker or broker pursuant to this Section, the managing broker or broker shall agree in writing to abide by all the provisions of this Act with respect to real estate activities within the State of Illinois and submit to the jurisdiction of the Department as provided in this Act. The agreement shall be filed with the Department and shall remain in force for so long as the managing broker or broker is licensed by this State and thereafter with respect to acts or omissions committed while licensed as a managing broker or broker in this State.
(e) The same fees must be paid as provided in this Act for the obtaining of a managing broker's or broker's license in this State.
(f) Licenses previously granted under reciprocal agreements with other states shall remain in force so long as the Department has a reciprocal agreement with the state that includes the requirements of this Section, unless that license is suspended, revoked, or terminated by the Department for any reason provided for suspension, revocation, or termination of a resident licensee's license. Licenses granted under reciprocal agreements may be renewed in the same manner as a resident's license.
(g) Prior to the issuance of a license to a nonresident managing broker or broker, the managing broker or broker shall file with the Department, in a manner prescribed by the Department, a designation in writing that appoints the Secretary to act as agent upon whom all judicial and other process or legal notices directed to the managing broker or broker may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of the appointment, certified by the Secretary, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In the written designation, the managing broker or broker shall agree that any lawful process against the licensee that is served upon the agent shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this State. Upon the receipt of any process or notice, the Secretary shall forthwith deliver a copy of the same by regular mail or email to the last known business address or email address of the licensee.
(h) (Blank).
(i) This Section is repealed on January 1, 2026.
(Source: P.A. 103-236, eff. 1-1-24; 103-1039, eff. 1-1-25.)
|
(225 ILCS 454/5-60.5) (This Section may contain text from a Public Act with a delayed effective date) (Section scheduled to be repealed on January 1, 2030) Sec. 5-60.5. Managing broker licensed in another state; broker licensed in another state; endorsement requirements; agent for service of process. (a) A managing broker's license may be issued by the Department to a managing broker or its equivalent licensed under the laws of another state or jurisdiction of the United States under the following conditions: (1) the managing broker holds an active managing |
| broker's license or its equivalent in another state or jurisdiction;
|
|
(2) the managing broker has been actively practicing
|
| as a managing broker or its license equivalent in the managing broker's state or jurisdiction of licensure for a period of not less than 2 years immediately prior to the date of application;
|
|
(3) the managing broker furnishes the Department with
|
| an official statement from the proper licensing authority of each state or jurisdiction in which the managing broker is licensed certifying (i) that the managing broker has an active license, (ii) that the managing broker is in good standing, and (iii) any history of discipline against the managing broker in that state or jurisdiction of licensure;
|
|
(4) the managing broker passes a test on Illinois
|
| specific real estate brokerage laws; and
|
|
(5) the managing broker provides proof of successful
|
| completion of a pre-license endorsement course approved by the Department.
|
|
(b) A broker's license may be issued by the Department to a broker or its equivalent licensed under the laws of another state or jurisdiction of the United States under the following conditions:
(1) the broker holds an active broker's license or
|
| its equivalent in another state or jurisdiction;
|
|
(2) the broker furnishes the Department with an
|
| official statement from the proper licensing authority of each state or jurisdiction in which the broker is licensed certifying (i) whether the broker has an active license, (ii) that the broker is in good standing, and (iii) any history of discipline against the broker in that state or jurisdiction of licensure;
|
|
(3) the broker passes a test on Illinois specific
|
| real estate brokerage laws;
|
|
(4) the broker provides proof of successful
|
| completion of a pre-license endorsement course approved by the Department; and
|
|
(5) 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 broker education prescribed in this Act and by rule.
|
|
(c) As a condition precedent to the issuance of a license to a managing broker or broker pursuant to this Section, the managing broker or broker shall agree to abide by all the provisions of this Act with respect to managing broker's or broker's real estate activities within the State of Illinois and submit to the jurisdiction of the Department as provided in this Act. The agreement shall remain in force for so long as the managing broker or broker is licensed by this State and thereafter with respect to acts or omissions committed while licensed in this State.
(d) Prior to the issuance of a license to a nonresident managing broker or broker, the managing broker or broker shall file with the Department a designation in writing that appoints the Secretary to act as the managing broker's or broker's agent upon whom all judicial and other process or legal notices directed to the managing broker or broker may be served. Service upon the Secretary shall be equivalent to personal service upon the licensee. Copies of the appointment, certified by the Secretary, shall be deemed sufficient evidence and shall be admitted into evidence with the same force and effect as if the original is admitted.
(e) The same fees must be paid as provided in this Act for obtaining a managing broker's or broker's license in this State.
(f) In the written designation, the managing broker or broker shall agree that any lawful process against the licensee that is served upon the agent shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this State. Upon the receipt of any process or notice, the Secretary shall deliver a copy of the same by regular mail or email to the mailing address or email address of record of the licensee.
(Source: P.A. 103-1039, eff. 1-1-25.)
|
(225 ILCS 454/5-70) (Text of Section before amendment by P.A. 103-1039) (Section scheduled to be repealed on January 1, 2030) Sec. 5-70. Continuing education requirement; managing broker or broker. (a) The requirements of this Section apply to all managing brokers and brokers. (b) Except as otherwise
provided in this Section, each
person who applies for renewal of a license as a managing broker or broker must successfully complete 12 hours of real estate continuing education
courses recommended by the Board and approved by
the Department during the current term of the license. In addition, those licensees renewing or obtaining a managing broker's license must successfully complete a 12-hour broker management continuing education course approved by the Department during the current term of the license. The broker management continuing education course must be completed in the classroom or through a live, interactive webinar or online distance education format. No
license may be renewed
except upon the successful completion of the required courses or their
equivalent or upon a waiver
of those requirements for good cause shown as determined by the Secretary upon
the
recommendation of the Board.
The requirements of this Article are applicable to all managing brokers and brokers
except those managing brokers
and brokers who, during the current term of licensure: (1) serve in the armed services of the United States; (2) serve as an elected State or federal official; (3) serve as a full-time employee of the Department; |
|
(4) are admitted to practice law pursuant to Illinois
|
|
(c) (Blank).
(d) A
person receiving an initial license
during the 90 days before the renewal date shall not be
required to complete the continuing
education courses provided for in subsection (b) of this
Section as a condition of initial license renewal.
(e) The continuing education requirement for brokers and managing brokers shall
consist of a single core
curriculum and an elective curriculum, to be recommended by the Board and approved by the Department in accordance with this subsection. The core curriculum shall not be further divided into subcategories or divisions of instruction. The core curriculum shall consist of 4 hours during the current term of the license on subjects that may include, but are not limited to, advertising, agency, disclosures, escrow, fair housing, residential leasing agent management, and license law. The amount of time allotted to each of these subjects shall be recommended by the Board and determined by the Department. The Department, upon the recommendation of the Board, shall review the core curriculum every 4 years, at a minimum, and shall revise the curriculum if necessary. However, the core curriculum's total hourly requirement shall only be subject to change by amendment of this subsection, and any change to the core curriculum shall not be effective for a period of 6 months after such change is made by the Department. The Department shall provide notice to all approved education providers of any changes to the core curriculum. When determining whether revisions of the core curriculum's subjects or specific time requirements are necessary, the Board shall consider
recent changes in applicable laws, new laws, and areas
of the license law and the Department policy that the Board deems appropriate,
and any other subject
areas the Board deems timely and applicable in order to prevent
violations of this Act
and to protect the public.
In establishing a recommendation to the Department regarding the elective curriculum, the Board shall consider
subjects that cover
the various aspects of the practice of real estate that are covered under the
scope of this Act.
(f) The subject areas of continuing education courses recommended by the Board and approved by the Department shall be meant to protect the professionalism of the industry, the consumer, and the public and prevent violations of this Act and
may
include without limitation the following:
(1) license law and escrow;
(2) antitrust;
(3) fair housing;
(4) agency;
(5) appraisal;
(6) property management;
(7) residential brokerage;
(8) farm property management;
(9) transaction management rights and duties of
|
| parties in a transaction;
|
|
(10) commercial brokerage and leasing;
(11) real estate financing;
(12) disclosures;
(13) residential leasing agent management;
(14) advertising;
(15) broker supervision and designated managing
|
|
(16) professional conduct; and
(17) use of technology.
(g) In lieu of credit for those courses listed in subsection (f) of this
Section, credit may be
earned for serving as a licensed instructor in an approved course of continuing
education. The
amount of credit earned for teaching a course shall be the amount of continuing
education credit for
which the course is approved for licensees taking the course.
(h) Credit hours may be earned for self-study programs approved by the Department.
(i) A managing broker or broker may earn credit for a specific continuing
education course only
once during the current term of the license.
(j) No more than 12 hours of continuing education credit may be taken in one
calendar day.
(k) To promote the offering of a uniform and consistent course content, the Department may provide for the development of a single broker management course to be offered by all education providers who choose to offer the broker management continuing education course. The Department may contract for the development of the 12-hour broker management continuing education course with an outside vendor or consultant and, if the course is developed in this manner, the Department or the outside consultant shall license the use of that course to all approved education providers who wish to provide the course.
(l) Except as specifically provided in this Act, continuing education credit hours may not be earned for completion of pre-license or post-license courses. The courses comprising the approved 45-hour post-license curriculum for broker licensees shall satisfy the continuing education requirement for the initial broker license term. The approved 45-hour managing broker pre-license brokerage administration and management course shall satisfy the 12-hour broker management continuing education requirement for the initial managing broker license term.
(Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
(Text of Section after amendment by P.A. 103-1039)
(Section scheduled to be repealed on January 1, 2030)
Sec. 5-70. Continuing education requirement; managing broker or broker.
(a) The requirements of this Section apply to all managing brokers and brokers.
(b) Except as otherwise provided in this Section, each person who applies for renewal of a license as a managing broker or broker must successfully complete 12 hours of real estate continuing education courses recommended by the Board and approved by the Department during the current term of the license. In addition, those licensees renewing or obtaining a managing broker's license must successfully complete a 12-hour broker management continuing education course approved by the Department during the current term of the license. The broker management continuing education course must be completed in the classroom, through a live, interactive webinar, or in an online distance education format. No license may be renewed except upon the successful completion of the required courses or their equivalent or upon a waiver of those requirements for good cause shown as determined by the Secretary upon the recommendation of the Board. The requirements of this Article are applicable to all managing brokers and brokers except those managing brokers and brokers who, during the current term of licensure:
(1) serve in the armed services of the United States;
(2) serve as an elected State or federal official;
(3) serve as a full-time employee of the Department;
|
|
(4) are admitted to practice law pursuant to Illinois
|
|
(c) (Blank).
(d) A person receiving an initial license during the 90 days before the renewal date shall not be required to complete the continuing education courses provided for in subsection (b) of this Section as a condition of initial license renewal.
(e) The continuing education requirement for brokers and managing brokers shall consist of a single core curriculum, which must include at least 2 credit hours of fair housing training, and an elective curriculum, to be recommended by the Board and approved by the Department in accordance with this subsection. With the exception of the fair housing training, the core curriculum shall not be further divided into subcategories or divisions of instruction. The core curriculum shall consist of 6 total hours during the current term of the license on subjects that may include, but are not limited to, advertising, agency, disclosures, escrow, fair housing, residential leasing agent management, and license law, and must include at least 2 credit hours of fair housing training. The amount of time allotted to each of the remaining subjects shall be recommended by the Board and determined by the Department.
The Department, upon the recommendation of the Board, shall review the core curriculum every 4 years, at a minimum, and shall revise the curriculum if necessary. However, the core curriculum's total hourly requirement shall only be subject to change by amendment of this subsection, and any change to the core curriculum shall not be effective for a period of 6 months after such change is made by the Department. The Department shall provide notice to all approved education providers of any changes to the core curriculum. When determining whether revisions of the core curriculum's subjects or specific time requirements are necessary, the Board shall consider recent changes in applicable laws, new laws, and areas of the license law and the Department policy that the Board deems appropriate, and any other subject areas the Board deems timely and applicable in order to prevent violations of this Act and to protect the public. In establishing a recommendation to the Department regarding the elective curriculum, the Board shall consider subjects that cover the various aspects of the practice of real estate that are covered under the scope of this Act.
(f) The subject areas of continuing education courses recommended by the Board and approved by the Department shall be meant to protect the professionalism of the industry, the consumer, and the public and prevent violations of this Act and may include, without limitation, the following:
(1) license law and escrow;
(2) antitrust;
(3) fair housing;
(4) agency;
(5) appraisal;
(6) property management;
(7) residential brokerage;
(8) farm property management;
(9) transaction management rights and duties of
|
| parties in a transaction;
|
|
(10) commercial brokerage and leasing;
(11) real estate financing;
(12) disclosures;
(13) residential leasing agent management;
(14) advertising;
(15) broker supervision and designated managing
|
|
(16) professional conduct;
(17) use of technology; and
(18) diversity, equity, and inclusion.
(g) In lieu of credit for those courses listed in subsection (f) of this Section, credit may be earned for serving as a licensed instructor in an approved course of continuing education. The amount of credit earned for teaching a course shall be the amount of continuing education credit for which the course is approved for licensees taking the course.
(h) Credit hours may be earned for self-study programs approved by the Department.
(i) A managing broker or broker may earn credit for a specific continuing education course only once during the current term of the license.
(j) No more than 12 hours of continuing education credit may be taken in one calendar day.
(k) To promote the offering of a uniform and consistent course content, the Department may provide for the development of a single broker management course to be offered by all education providers who choose to offer the broker management continuing education course. The Department may contract for the development of the 12-hour broker management continuing education course with an outside vendor or consultant and, if the course is developed in this manner, the Department or the outside consultant shall license the use of that course to all approved education providers who wish to provide the course.
(l) Except as specifically provided in this Act, continuing education credit hours may not be earned for completion of pre-license or post-license courses. The courses comprising the approved 45-hour post-license curriculum for broker licensees shall satisfy the continuing education requirement for the initial broker license term. The approved 45-hour managing broker pre-license brokerage administration and management course shall satisfy the 12-hour broker management continuing education requirement for the initial managing broker license term.
(Source: P.A. 102-970, eff. 5-27-22; 103-1039, eff. 1-1-25.)
|