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Real Estate Brokers and Leasing Agents

IDFPR Enforcement of Real Estate License Laws and Regulations

The primary statute that applies to real estate brokers and leasing agents is the Illinois Real Estate License Act. There are also extensive administrative regulations. The law and regulations include:

  • Licensing standards and requirements
  • Scope and standards of practice
  • Education requirements and standards
  • Disciplinary action for violations of laws and regulations

The government regulates the competency of individuals engaged in the real estate business for the protection of the public. Only qualified persons who meet specific requirements are permitted to practice as real estate brokers and leasing agents in Illinois. IDFPR offers a number of real estate licenses:

  • Real Estate Branch Office
  • Real Estate Broker
  • Real Estate Corporation
  • Real Estate Partnership
  • Real Estate CE Instructor
  • Real Estate CE School
  • Real Estate Leasing Agent
  • Real Estate Leasing Agent Student
  • Real Estate LLC
  • Real Estate Managing Broker
  • Real Estate Pre-License Instructor
  • Real Estate Pre-License School
  • Real Estate Pre-License School Branch

When Can a Real Estate Broker or Leasing Agent Lose His or Her License — or Face Professional Discipline — in Illinois?

The Illinois Real Estate License Act contains numerous types of conduct that can warrant disciplinary action. Examples of issues that are regulated by Act and the corresponding administrative rules include:

  • Fraud or misrepresentation in obtaining a license or providing information to IDFPR;
  • Conviction of a felony or misdemeanor or entry of certain administrative sanctions by any jurisdiction;
  • Physical or mental illness or disability that results in the inability to practice;
  • Disciplinary action by another state or country that is the same as or equivalent to a basis for discipline under the Act;
  • Engaging in the practice of real estate brokerage without a license or after expiration of a license;
  • Inaccurate or misleading advertisement;
  • Making false promises likely to influence or persuade;
  • Acting for more than one party in a transaction without giving required notice;
  • Failure to account for or remit money;
  • Failure to maintain escrow accounts as required;
  • Failure to provide requested information to IDFPR in a timely manner;
  • Engaging in unprofessional, unethical, or dishonorable conduct likely to harm the public;
  • Commingling money or property of others with personal money or property;
  • Any conduct that constitutes dishonest dealing;
  • Displaying a “for sale” or “for rent” sign or other advertisement without consent of the property owner or his or her agent;
  • Advertising by means of a blind advertisement, except as permitted by the Act;
  • Offering guaranteed sales plans, except as permitted by the Act;
  • Conduct that promotes or tends to promote racial and religious discrimination;
  • Conduct that constitutes violation of the Illinois Human Rights Act;
  • Negotiating a sale or lease with a person known to be exclusively represented by another broker, without specific authorization from the other broker;
  • Acting as both attorney and managing broker or broker for the buyer or seller in a transaction;
  • Advertising or offering free goods or services without specifying the conditions or obligations required to receive the goods or services;
  • Violation of the Land Sales Registration Act of 1989 or the Illinois Real Estate Time-Share Act or the regulations applicable to those statutes;
  • Failure to provide the minimum services required by the Act under an exclusive brokerage agreement;
  • Addiction to or habitual or excessive use of alcohol or drugs that results in the inability to practice;
  • Aiding or abetting an auctioneer in conducting a real estate auction in violation of the Illinois Auction License Act.

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1818 provides counsel and government relations advice to both corporations and individuals. The firm provides practical legal advice on government procurement, professional licensing, building code and zoning matters, liquor law and other government regulatory issues.

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The firm lobbies at the state and local level on issues regarding procurement, legislation and administrative rules.

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When litigation is required, we look for effective ways to win cases through dispositive motions and alternative dispute resolution.  1818 will be your advocate in the court and in the court of public opinion.

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