2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 454/ - Real Estate License Act of 2000. › Article 10 - Compensation And Business Practices

(225 ILCS 454/Art. 10 heading)
ARTICLE 10.  
		COMPENSATION AND BUSINESS PRACTICES
(225 ILCS 454/10-5)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-5. Payment of compensation.
(a) No licensee shall pay compensation directly to a licensee sponsored by
another sponsoring broker for
the performance of licensed activities.  No licensee sponsored by a broker may
pay compensation to
any licensee other than his or her sponsoring broker for the performance of
licensed activities
unless the licensee paying the compensation is a principal to the transaction.
However, a non-sponsoring broker may pay compensation directly to a licensee
sponsored by
another or a person
who is not sponsored by a broker if the payments are made pursuant to terms of
an employment
agreement that was previously in place between a licensee and the
non-sponsoring broker, and the
payments are for licensed activity performed by that person while previously
sponsored by the now
non-sponsoring broker.
(b) No licensee sponsored by a broker shall accept compensation for the
performance of
activities under this Act except from the broker by whom the licensee is
sponsored, except as
provided in this Section.
(c) (Blank).
(d) One sponsoring broker may pay compensation directly to another
sponsoring broker for the
performance of licensed activities.
(e) Notwithstanding any other provision of this Act, a sponsoring broker may pay compensation to a person currently licensed under the Auction License Act who is in compliance with and providing services under Section 5-32 of this Act.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/10-10)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-10. Disclosure of compensation.
(a) A licensee must disclose to a client the sponsoring broker's
compensation and policy with
regard to cooperating with brokers who represent other parties in a
transaction.
(b) A licensee must disclose to a client all sources of compensation related
to the transaction
received by the licensee from a third party.
(c) If a licensee refers a client to a third party in which the licensee has
greater than a 1% ownership interest
or from which the licensee receives or may receive dividends or other profit
sharing distributions, other than a
publicly held or traded company, for the purpose of the client obtaining
services related to the transaction, then the
licensee shall disclose that fact to the client at the time of making the
referral.
(d) If in any one transaction a sponsoring broker receives compensation from
both the buyer
and seller or lessee and lessor of real estate, the sponsoring broker shall
disclose in writing to a
client the fact that the compensation is being paid by both buyer and seller or
lessee and lessor.
(e) Nothing in the Act shall prohibit the cooperation with or a payment of
compensation to an individual domiciled in any other state or country who is licensed as a broker in
his or her state or country of domicile or to a resident of a country
that does not require a person to be licensed to act as a broker if
the person complies with the laws of the country in which that person resides
and practices there as a broker.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/10-15)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-15. No compensation to persons in violation of Act; compensation
to unlicensed
persons; consumer.
(a) No compensation may be paid to any unlicensed person in exchange for the
person
performing licensed activities in violation of this Act.
(b) No action or suit shall be instituted, nor recovery therein be had, in
any court of this State
by any person for compensation for any act done or service performed, the doing
or performing of
which is prohibited by this Act to other than licensed managing brokers, brokers,
or residential leasing agents unless
the person was duly
licensed hereunder as a managing broker,
broker, or residential leasing agent under this Act at the time that any such
act was done or service
performed that would give rise to a cause of action for compensation.
(c) A licensee may offer compensation, including prizes, merchandise,
services, rebates,
discounts, or other consideration to an unlicensed person who is a party to a
contract to buy or sell
real estate or is a party to a contract for the lease of real estate, so long
as the offer complies with
the provisions of subdivision (35) of subsection (a) of Section 20-20 of this
Act.
(d) A licensee may offer cash, gifts, prizes, awards, coupons, merchandise,
rebates or chances
to win a game of chance, if not prohibited by any other law or statute,
to a consumer as an
inducement to that consumer to use the services of the licensee even if the
licensee and consumer
do not ultimately enter into a broker-client relationship so long as the offer
complies with the
provisions of subdivision (35) of subsection (a) of Section 20-20 of this Act.
(e)   A licensee shall not pay compensation to an unlicensed person who is not or will not become a party to a real estate transaction in exchange for a referral of real estate services.
(f)   Nothing in this Section shall be construed as waiving or abrogating the provisions of the Real Estate Settlement Procedures Act (RESPA), 88 Stat. 1724.
(Source: P.A. 100-831, eff. 1-1-19; 101-357, eff. 8-9-19.)
(225 ILCS 454/10-20)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-20. Sponsoring broker; employment agreement.
(a) A licensee may perform activities as a licensee only for his or her
sponsoring broker.  A
licensee must have only one sponsoring broker at any one time.
(b) Every broker who employs licensees or has an independent contractor
relationship with a
licensee shall have a written employment or independent contractor agreement with each such licensee.
The
broker having
this written employment or independent contractor agreement with the licensee must be that licensee's
sponsoring broker.
(c) Every sponsoring broker must have a written employment or independent contractor agreement with
each licensee the
broker sponsors.  The agreement shall address the employment or independent
contractor
relationship terms, including without limitation supervision,
duties, compensation, and
termination process.
(d) (Blank).
(e) Notwithstanding the fact that a sponsoring broker has an employment or independent contractor
agreement with a
licensee, a sponsoring broker may pay compensation directly to a business entity
solely owned by that
licensee that has been formed for the purpose of receiving compensation earned
by the licensee.
A business entity that receives compensation from a sponsoring broker as provided for in this subsection (e) shall
not be required to be
licensed under this Act and must either be owned solely by the licensee or by the licensee 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.
(Source: P.A. 100-831, eff. 1-1-19; 101-357, eff. 8-9-19.)
(225 ILCS 454/10-25)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-25. Expiration of brokerage agreement. No licensee shall obtain any written brokerage agreement that does not either provide
for automatic
expiration within a definite period of time, and if longer than one year, provide the client with a right to terminate the agreement annually by giving no more than 30 days' prior written notice.  Any written brokerage agreement not containing such a provision
 shall be void.  When the license of any sponsoring broker is
suspended or revoked,  any
brokerage agreement with the sponsoring broker shall be deemed to expire upon
the effective date
of the suspension or revocation.
(Source: P.A. 103-236, eff. 1-1-24.)
(225 ILCS 454/10-27)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-27. 
		Disclosure of licensee status. 
		Each licensee shall disclose,
in writing, his or her status as a licensee to all parties in a transaction
when the licensee is selling, leasing, or purchasing any interest, direct or
indirect, in the real estate that is the subject of the transaction.
(Source: P.A. 91-245, eff. 12-31-99.)
(225 ILCS 454/10-30)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-30. Advertising.
(a) No advertising, whether in print, via the Internet, or through social media, digital forums, or any other media, shall be fraudulent, deceptive, inherently misleading, or
proven to be
misleading in practice. Advertising shall be considered misleading or untruthful if,
when taken as a whole,
there is a distinct and reasonable possibility that it will be misunderstood or
will deceive the
ordinary consumer.  Advertising shall
contain all information
necessary to communicate the information contained therein to the public in an accurate,
direct, and readily
comprehensible manner. Team names may not contain inherently misleading terms, such as "company", "realty", "real estate", "agency", "associates", "brokers", "properties", or "property".
(b) No blind advertisements may be used
by any licensee, in any media, except as provided for in this Section.
(c) A licensee shall disclose, in writing, to all parties in a transaction the licensee's
 status as a
licensee and any and all interest the licensee has or may have in the real
estate constituting the
subject matter thereof, directly or indirectly, according to the following
guidelines:
(1) On broker yard signs or in broker advertisements,     no disclosure of ownership is necessary.  However, the ownership shall be indicated on any property data form accessible to the consumer and disclosed to persons responding to any advertisement or any sign.  The term "broker owned" or "agent owned" is sufficient disclosure.
(2) A sponsored or inactive licensee selling or     leasing property, owned solely by the sponsored or inactive licensee, without utilizing brokerage services of their sponsoring broker or any other licensee, may advertise "By Owner".  For purposes of this Section, property is "solely owned" by a sponsored or inactive licensee if the licensee (i) has a 100% ownership interest alone, (ii) has ownership as a joint tenant or tenant by the entirety, or (iii) holds a 100% beneficial interest in a land trust.  Sponsored or inactive licensees selling or leasing "By Owner" shall comply with the following if advertising by owner:
(A) On "By Owner" yard signs, the sponsored or         inactive licensee shall indicate "broker owned" or "agent owned."  "By Owner" advertisements used in any medium of advertising shall include the term "broker owned" or "agent owned."
(B) If a sponsored or inactive licensee runs         advertisements, for the purpose of purchasing or leasing real estate, the licensee shall disclose in the advertisements the licensee's status as a licensee.
(C) A sponsored or inactive licensee shall not         use the sponsoring broker's name or the sponsoring broker's company name in connection with the sale, lease, or advertisement of the property nor utilize the sponsoring broker's or company's name in connection with the sale, lease, or advertising of the property in a manner likely to create confusion among the public as to whether or not the services of a real estate company are being utilized or whether or not a real estate company has an ownership interest in the property.
(d) A sponsored licensee may not advertise under the licensee's own name.
Advertising in any media shall be
under the direct supervision of the sponsoring or designated managing broker and in the
sponsoring broker's
business name, which in the case of a franchise shall include the franchise
affiliation as well as the
name of the individual firm.
 This provision does not apply under the following circumstances:
(1) When a licensee enters into a brokerage agreement     relating to  real estate owned by the licensee, or real estate in which the licensee has an ownership interest, with another licensed broker; or
(2) When a licensee is selling or leasing real estate     owned by the licensee or buying or leasing real estate for their own use, after providing the appropriate written disclosure of ownership interest as required in paragraph (2) of subsection (c) of this Section.
(e) No licensee shall list the licensee's name or otherwise advertise in the licensee's own name to the
general public through any
medium of advertising as being in the real estate business without listing the sponsoring
broker's business name.
(f) The sponsoring broker's business name and the name of the licensee must
appear in all
advertisements, including business cards. In advertising that includes the sponsoring broker's name and a team name or individual broker's name, the sponsoring broker's business name shall be at least equal in size or larger than the team name or that of the individual.
(g) Those individuals licensed as a managing broker and designated with the Department as a designated managing broker by their sponsoring broker shall identify themselves to the public in advertising, except on "For Sale" or similar signs, as a designated managing broker.  No other individuals holding a managing broker's license may hold themselves out to the public or other licensees as a designated managing broker, but they may hold themselves out to be a managing broker.
(Source: P.A. 103-236, eff. 1-1-24.)
(225 ILCS 454/10-35)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-35. Internet and related advertising.
(a) Licensees intending to sell or share consumer information gathered from or through the Internet or other electronic communication media, including, but not limited to, social media and digital forums, shall disclose that intention to consumers in a timely and readily apparent manner.
(b) A licensee using Internet or other similar electronic advertising media must not:
(1) use a URL or domain name that is deceptive or     misleading;
(2) deceptively or without authorization frame     another sponsoring broker's or multiple listing service website; or
(3) engage in phishing or the deceptive use of     metatags, keywords or other devices and methods to direct, drive or divert Internet traffic or otherwise mislead consumers.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/10-40)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-40. Company policy.    Every brokerage company or entity, other than a sole proprietorship with no other sponsored licensees, shall adopt a company or office policy dealing with topics such as:
(1) the agency policy of the entity;
(2) fair housing, nondiscrimination and harassment;
(3) confidentiality of client information;
(4) advertising;
(5) training and supervision of sponsored licensees;
(6) required disclosures and use of forms;
(7) handling of risk management matters; and
(8) handling of earnest money and escrows.
These topics are provided as an example and are not intended to be inclusive or exclusive of other topics.
(Source: P.A. 96-856, eff. 12-31-09.)
(225 ILCS 454/10-45)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-45. Broker price opinions and comparative market analyses.
(a) A broker price opinion or comparative market analysis may be prepared or provided by a real estate broker or managing broker for any of the following:
(1) an existing or potential buyer or seller of an     interest in real estate;
(2) an existing or potential lessor or lessee of an     interest in real estate;
(3) a third party making decisions or performing due     diligence related to the potential listing, offering, sale, option, lease, or acquisition price of an interest in real estate; or
(4) an existing or potential lienholder or other     third party for any purpose other than as the primary basis to determine the market value of an interest in real estate for the purpose of a mortgage loan origination by a financial institution secured by such real estate.
(b) A broker price opinion or comparative market analysis shall be in writing either on paper or electronically and shall include the following provisions:
(1) a statement of the intended purpose of the broker     price opinion or comparative market analysis;
(2) a brief description of the interest in real     estate that is the subject of the broker price opinion or comparative market analysis;
(3) a brief description of the methodology used to     develop the broker price opinion or comparative market analysis;
(4) any assumptions or limiting conditions;
(5) a disclosure of any existing or contemplated     interest of the broker or managing broker in the interest in real estate that is the subject of the broker price opinion or comparative market analysis;
(6) the name, license number, and signature of the     broker or managing broker that developed the broker price opinion or comparative market analysis;
(7) a statement in substantially the following form:
"This is a broker price opinion/comparative market     analysis, not an appraisal of the market value of the real estate, and was prepared by a licensed real estate broker or managing broker who was not acting as a State certified real estate appraiser."; and
(8) such other items as the broker or managing broker     may deem appropriate.
(Source: P.A. 101-71, eff. 7-12-19.)
(225 ILCS 454/10-50)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-50. Guaranteed sales plans.
(a)   As used in this Section, a "guaranteed sales plan" means a real estate purchase or sales plan whereby a licensee enters into one or more conditional or unconditional written contracts with a seller, one of which is a brokerage agreement, and wherein the person agrees to purchase the seller's property within a specified period of time, at a specific price, in the event the property is not sold in accordance with the terms of a brokerage agreement to be entered into between the sponsoring broker and the seller.
(b)   A person who offers a guaranteed sales plan to consumers is engaged in licensed activity under this Act and is required to have a license.
(c)   A licensee offering a guaranteed sales plan shall provide the details, including the purchase price, and conditions of the plan, in writing to the party to whom the plan is offered prior to entering into the brokerage agreement.
(d)   A licensee offering a guaranteed sales plan shall provide to the party to whom the plan is offered evidence of sufficient financial resources to satisfy the commitment to purchase undertaken by the broker in the plan.
(e)   A licensee offering a guaranteed sales plan shall undertake to market the property of the seller subject to the plan in the same manner in which the broker would market any other property, unless the agreement with the seller provides otherwise.
(f)   The licensee may not purchase seller's property until the period for offering the property for sale has ended according to its terms or is otherwise terminated.
(g)   Any licensee who fails to perform on a guaranteed sales plan in strict accordance with its terms shall be subject to all the penalties provided in this Act for violations thereof and, in addition, shall be subject to a civil fine payable to the party injured by the default in an amount of up to $25,000.
(Source: P.A. 101-357, eff. 8-9-19.)
(225 ILCS 454/10-55)
(Section scheduled to be repealed on January 1, 2030)
Sec. 10-55. Designated managing broker responsibility and supervision.
(a)    A designated managing broker shall be responsible for the supervision of all licensees associated with a designated managing broker's office.  A designated managing broker's responsibilities include implementation of company policies, the training of licensees and other employees on the company's policies as well as on relevant provisions of this Act, and providing assistance to all licensees in real estate transactions. The designated managing broker shall be responsible for, and shall supervise, all special accounts of the company.
(b)   A designated managing broker's responsibilities shall further include directly handling all earnest money, escrows, and contract negotiations for all transactions where the designated agent for the transaction has not completed his or her 45 hours of post-license education, as well as the approval of all advertisements involving a licensee who has not completed his or her 45 hours of post-license education. Licensees that have not completed their 45 hours of post-license education shall have no authority to bind the sponsoring broker.
(Source: P.A. 101-357, eff. 8-9-19.)