Division of Real Estate: Broker Management CE Course Curriculum

Transcription

1 Division of Real Estate: Broker Management CE Course Curriculum 12 Credit Hour Broker Management Continuing Education Course Curriculum Course Goal : To provide attendees with the skills and methods to train employees; to implement sound real estate business practices; and to manage their offices based on the requirements of the Real Estate License Act of 2000 and Administrative Rules. Course Objectives: 1. Develop training methods to inform the sponsored licensee(s) of the current real estate license law; 2. Create a plan to insure that the minimum requirements of the current real estate license law are being met by all licensees; and 3. Establish an ongoing monitoring system that evaluates the licensee's conformity to the current real estate law.

2 All of the topics included in the 12 Credit Hour Broker Management Continuing Education Outline (set forth below) must be covered by any provider offering the Broker Management Continuing Education (BMCE) course. Up to 12 credit hours, but no less than 6 credit hours, may be allotted to cover the outlined topics. The timed outline submitted by any provider shall indicate the specific time allocations for each topic and subtopic. One or more Recommended Additional Topics listed following the 12 Credit Hour Broker Management Continuing Education Outline (Outline) below may be added to the Outline, or outlined and submitted separately, to fulfill the balance of the 12 Credit Hour BMCE Requirement. Schools may submit applications for a course license based on this syllabus including a timed outline, final exam, answer key, and other required documents and fees. However courses may not be offered until May 1, REQUIRED 12 CREDIT HOUR BROKER MANAGEMENT CONTINUING EDUCATION OUTLINE Required Topics I. Introduction A. Discussion of the real estate professional's impact on the events leading to the housing market collapse and economic problems of recent years and the ongoing responsibility to promote appropriate steps to affordable property ownership. B. The manager's duties to supervise, train and set policy II. Policy Issues for Brokers and Policy Manual Creation A. Requirement for Office Policy 1. Section of Real Estate License Act of 2000 (the Act) 2. Topics for inclusion in policy 3. Section (a)(1) of the Real Estate Act Administrative Rules (the Rules) B. Introduction to Office Policy 1. Basic statements of business philosophy 2. Overview of Office Policy 3. Review and need to adapt Office Policy 4. Policy manual should be specific to fit policies of company C. Independent Contractor/Employee Agreement 1. Supervision, duties, compensation, duration and termination (Section of the Act and Section of the Rules)

3 2. Discuss differences between independent contractor and employee 3. Tax Code provisions for statutory non-employee 4. Illinois statutory provisions a. Real Estate License Act b. Unemployment Tax Act c. Workers Compensation Act 5. Automobile insurance requirements 6. Expenses of Independent Contractor or Employee 7. Listings after termination of sponsorship D. Policy for Supervision of Personal Assistants/Teams 1. Licensed versus unlicensed assistant a. review what each can do b. how compensated c. independent contractor or employee 2. Need for agreement with company a. licensed versus unlicensed b. who pays taxes, if any c. payment of other benefits 3. Teams E. Brokerage Relationship Policies 1. Single Agency a. Seller Representation Only b. Buyer Representation Only 2. Disclosed Dual Agency F. Cooperation Between Firms and Compensation Policy G. Agency 1. Modification to company policy 2. Cooperating agents 1. Disclosure policy

4 a. dual agency b. single agency c. no agency d. in writing e. retention 2. Events requiring or Agency Agreements a. policy related to buyer agency agreements b. policy related to seller agency agreements 3. Confidentiality a. documents b. discussions c. maintaining H. Fair Housing Policy 1. Protected classes 2. Prohibited practices 3. Local ordinances that may apply 4. Record Keeping I. Antitrust Policy 1. Anticompetitive activities 2. Independent action 3. Prohibited activities J. Listing Procedures 1. Types of Listings 2. Listing agreements a. exclusive b. non-exclusive 3. Commission policies 4. Other listing terms 5. Disclosures a. latent material facts b. residential real property disclosure

5 c. lead based paint d. radon 6. Determining accuracy of listing information 7. Signatures a. hard copy b. electronic c. spouses d. other situations 8. Open house procedures K. Buyer Qualifications 1. Financial capacity 2. Estimating closing costs 3. Types of agreements L. Purchase Contract 1. Forms to use 2. Negotiations 3. Modifications to contract 4. Earnest money 5. Completion of Contract 6. Presentation of offers 7. Attorneys 8. Contemporaneous offers 9. Personal property M. Advertising 1. Print 2. Electronic 3. Signs 4. Websites 5. (CAN SPAM) N. Risk Reduction

6 1. Disclosure of physical conditions 2. Stigmatized property 3. Documentation 4. Use of experts 5. Use of legal counsel 6. Errors & Omissions (E & O) insurance 7. Handling of complaints O. Social Media 1. What does this include 2. Applicability of Act 3. Advertising 4. Collecting information 5. Blogs 6. Copyrights and protected information P. Record Retention and Destruction 1. Hard copy and electronic records 2. Schedule for retention (destruction) 3. Responsibilities of independent contractors and employees 4. Escrow records and documentation requirements 5. Confidentiality Q. Phone campaigns 1. National Do Not Call List 2. Office do not call list 3. Company call policy Recommended Additional Topics Agent Safety Auction Business Communications Commission & Compensation Issues

7 Company Legal Structure Conducting Company/Office Meetings and Training Conducting employee or independent contractor review Conducting a Hiring Interview for Licensees or Staff Positions Dealing with Client and Customer Complaints Dealing with In Office Agent Disputes Dispute Resolution Domain Masking Dual Agency - Rentals/Leasing Due Diligence/Inspections/Referral of 3rd Party Professionals EPA Fines and the Lead Renovation, Repair & Painting Rule Ethical Conduct Handling Security Deposits (Local and County Ordinances) Home Inspections IDFPR Real Estate Hearing Process & Discipline Examples Issues for Commercial, Industrial, Farmland, and Investment Sales Legal Requirements for "Teams" Leasing Residential Property Ministerial Acts Negotiating Transactions (Interactive Training and Case Studies) Organizing a Training Program Property Management Real Property Insurance RESPA Compliance/Updated HUD Rules Seller Disclosure Forms/REO Properties Social Media /Advertising (Flickr/Instagram) Supervising Distressed Property Transactions - this general topic may include: o Foreclosure Law o Listing and Selling Short Sale Properties, o Mortgage Fraud, and o Representing Institutional Sellers and Buyers Supervising the Leasing & Selling of Commercial Property Time-share