Description
Understand the relationships formed between the sponsoring broker, the sponsored licensee and members of the public. Review legal, ethical and practical responsibilities including Illinois license law, the handling of escrow and transaction documents, Fair Housing issues and advertising.
*Required Course: 4 Hour CORE CE*
By purchasing this course, you acknowledge and accept CAR's school policies. Click here to view the school policies.
Objectives
License Law
- The Real Estate License Act of 2000
- Licensees’ duties and responsibilities to the public
- Amendments to the Act
- Definitions to explain nuances of the Act
- Recordkeeping as defined within the Act and by IDFPR
- Online licensing
- Place of business requirements
- Sponsored licensees and the sponsoring/managing brokers’ supervision of same
- Termination of employment
- Independent contractors versus employees
- Personal assistants: Licensed and unlicensed
- Company policies for compliance with the law
- Assumed names (DBA)
- Disciplinary actions for:
- Unprofessional conduct
- Complaints and enforcement of complaints
- Unlicensed practice of real estate
- Non-payment of child support, tax deficiencies, convictions, and violations
- Non-cooperation with IDFPR
- CE discrepancies
- Examples of violations and disciplines
Agency
- Intent and history of agency relationships
- Definitions of Consumer, Customer, Client
- Responsibilities to Consumers and Customers
- Ministerial Acts
- Responsibilities to a Client (Fiduciary duties)
- Types and disclosures of agency and non-agency relationships
- Confidential information and responsibilities
- Duties after the termination of a brokerage agreement
- Agency issues when the licensee is a principal in a transaction
- Compensation and agency
- Property management
- Leasing agent requirements and limitations
Brokerage Agreements and Disclosures
- Types of listing, buyer brokerage, and tenant agency agreements
- Required elements of the various brokerage agreements
- Exclusive vs. non-exclusive brokerage agreements
- Agency requirements for the licensee within those agreements
- Loyalty-promoting the best interest of the client
- Obedience-following the lawful directions of a client
- Minimum services as required in exclusive brokerage agreements
- Property management agreements
- Commercial agreements
- Leasing agreements:
- Applications
- Credit and background checks
- Leases
- Disclosures:
- Illinois Residential Real Property Disclosure
- Radon Disclosure
- Lead-based paint disclosure
- Failure to disclose information not affecting physical condition
- Compensation:
- Disclosure of compensation-referrals, ownership interest
- Disclosure of licensee status
- Disclosure of Contemporaneous Offers
Escrow
- Definition of escrow money
- Depositing, maintaining, and recordkeeping of escrow accounts
- Disputes about escrow money
- Disbursement of escrow money
- Agent’s responsibilities concerning escrow money
- Contractual obligations
- Security deposits for leasing and property management
- Disciplinary actions related to the mishandling of escrow
- Escrow disputes and examples
Fair Housing
- History and overview of Fair Housing:
- Civil Rights Act of 1866
- Title VIII Fair Housing Act
- Illinois Human Rights Act
- Americans With Disabilities Act (ADA)
- The Federal, State, County, and Municipality Protected classes
- Who is exempt from the Fair Housing Act
- Disparate Impact and Disparate Treatment
- Examples
- Discriminatory practices
- Discriminatory advertising
- Residential Rentals-ADA compliance and Source of Income/Housing Vouchers/Section 8
- What to do when encountering a fair housing violation
- Record keeping and compliance with fair housing
Advertising
- Requirements in advertising:
- Sponsoring broker’s name/franchise affiliation
- Disclosure of licensee’s ownership interest in a property
- Fair housing guidelines in advertising
- False or misleading advertising
- Team names and advertising
- Advertising another broker’s listing
- Blind ads
- Requirements for the media types:
- Print ads
- Signage
- Websites
- Internet
- Social Media
- Email-CAN-SPAM Act
Learning credits
By signing up for a course provided or offered by the Chicago Association of REALTORS® or any of its officers, employees, partners, agents, affiliates, or independent contractors (collectively, “Association”), you accept and agree to abide by the following terms, conditions, and disclaimers as well as the Chicago Association of REALTORS®’ Policy Manual and all other policies, terms, and conditions of the Association (collectively, “Policies”), which Policies may be amended from time to time:
1. You agree to act and dress in a professional manner at all times while participating in a course. This includes when participating in online courses. You agree not to disrupt any courses, the Association, its instructors, or other students. To avoid disruption, you agree to be on time to all courses unless you have notified the instructor in advance. The Association may remove you from the course at any time, if, in the sole discretion of the Association, you violate any of the Policies; are disruptive to the course, the Association, its instructors, or other students.
2. You may not record or photograph any course without the prior written permission of the Association.
3. You agree that when participating in an in-person course or on Association property that you will follow all health requirements and directives from the Association. You also agree not to come to an in-person class if you have or suspect that you may have a contagious illness.
4. You give permission to the Association to record and take photographs of you during your participation in all courses, to use the recordings and photographs for Association promotional materials, and to replay and share any videos or Zoom recordings of the courses.
5. The payment of any fees for a course is due prior to commencement of a course unless otherwise provided by the Association. The Association has the right to deny you entrance to a course in the event that you have not paid for the course in full prior to the commencement of the course. The eligibility for any refunds shall be governed by the terms of the Association’s Policy Manual. Registration for a course is not transferable.
6. You acknowledge and agree that the Association may share information about your participation and attendance at a course, as well as the results of any examinations conducted as part of a course, with your managing broker and any others as deemed reasonably necessary by the Association.
7. While the Association will try to avoid doing so, the Association reserves the right to cancel or reschedule a course as the Association deems necessary or prudent for any reason, including if an insufficient number of students enroll in a course. In the event that the Association cancels or reschedules a course, you may be entitled to a refund in accordance with the Association’s refund policies.
8. The course materials are the intellectual property of the Association and are subject to copyright. Unauthorized use or distribution of course materials may violate applicable copyright, trademark, or other intellectual property laws. You may not reproduce, republished, distributed, sell, or transfer the course materials without the express advanced written permission of the Association. The Association provides the course materials solely for informational purposes only.
9. The Association will endeavor to provide you an excellent, professional, and positive education experience. However, the Association provides the courses and course materials “as-is” and makes no warranties of any kind with regard to the courses, instructors and quality of instruction, or course materials, including any warranties of merchantability or fitness for a particular purpose, whether express, implied, statutory or otherwise. The Association does not guarantee, for example, that you will pass any exams for licensure by taking Association courses.
10. You agree to indemnify, hold harmless and, at the Association’s option, defend the Association, its affiliates, and their respective officers, employees, attorneys, and agents to the fullest extent of the law from any and all damage, costs, loss, risk, liability, and expense (including attorneys’ fees and costs) from claims that may be asserted at any time against any of those parties in connection with your participation in the Association’s courses, use of the course materials, or violation of the Association’s Policies; provided, however, that this indemnity does not, and will not, apply to the sole negligence on the part of the Association. YOU ALSO HEREBY WAIVE ANY RIGHTS TO (I) MONETARY DAMAGES THAT ARE IN EXCESS OF THE FEES PAID BY YOU TO THE ASSOCIATION FOR THE COURSE AT ISSUE AND (II) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES AGAINST THE ASSOCIATION.
11. The Polices and your agreement to abide by them shall be governed by the laws of the State of Illinois without regard to conflict of law principles, and in the event that you bring any claims against the Association, you shall submit to the exclusive jurisdiction of the Circuit Court of Cook County, Illinois.
12. If any term, condition, or provision of these terms and conditions or other Policies is held by a court of competent jurisdiction to be invalid, void, or unenforceable, you agree the remainder of these terms and conditions and other Policies shall remain in effect.
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