Law Book - Arizona Department of Real Estate

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No. 2008.01 APPENDIX: SUBSTANTIVE POLICY STATEMENTS requirements or penalties on regulated parties or include confidential information or rules made in accordance with the Arizona Administrative Procedure Act. If you believe that this substantive policy statement does impose additional requirements or penalties on regulated parties you may petition the agency under ARS 41-1033 for a review of the statement. Description of Practice/Procedure: No waiver will be granted for the mandated ninety-classroom hours for real estate salesperson or broker pre-licensure curriculum. Authority: A.R.S. § 32-2124(B), (C), (J), (L), A.A.C. § R4-28-301 (B). A.R.S. § 32-2102 provides that the Department of Real Estate, under the direction of the Real Estate Commissioner, shall administer Title 32, Chapter 20. Policy Program: Education/Regulation Effective Date: 2-8-2008 No. 2008.01 No. 2007.18 rev. Short Title: Real Estate Licensee Advertising This substantive policy statement is advisory only. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules made in accordance with the Arizona Administrative Procedure Act. If you believe that this substantive policy statement does impose additional requirements or penalties on regulated parties you may petition the agency under ARS 41-1033 for a review of the statement. Description of Practice/Procedure: To reduce unsubstantiated complaints and the backlog of investigations from such complaints regarding telephone and address requirements for advertising by a licensee, the following clarifies the Commissioner’s Rules on advertising. There is no statute or rule that states which telephone number (employing broker’s or licensee’s) or address must appear in an advertisement. R4-28-502 (E) requires that the (legal or dba) name of the EMPLOYING BROKER (the corporation, partnership, limited liability company or sole proprietor) appears in all advertising in ‘‘a clear and prominent manner.’’ R4-28-502 also addresses other requirements for advertising not addressed in this Substantive Policy Statement. Authority: A.R.S. § 32-2102 provides that the Department of Real Estate, under the direction of the Real Estate Commissioner, shall administer Title 32, Chapter 20. A.R.S. § 32-2153(A)(3) provides that violation of the Commissioner’s Rules is subject to disciplinary action. Policy Program: Regulation Effective Date: Revised, effective 2-12-2007 No. 2007.17 Short Title: Electronic License Certificate Complies with Statutory Requirement This substantive policy statement is advisory only. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules made in accordance with the Arizona Administrative Procedure Act. If you believe that this substantive policy statement does impose additional requirements or penalties on regulated parties you may petition the agency under ARS 41-1033 for a review of the statement. Description of Practice/Procedure: The Department of Real Estate will deem a printout of data contained in the ADRE Public Database, or an electronic file of such data that can be recreated electronically or on paper upon request, to be a license 140
141 APPENDIX: SUBSTANTIVE POLICY STATEMENTS No. 2005.14 certificate. This will increase efficiencies and enhance the timelines of issuing license certificates to real estate, cemetery and membership camping salespersons and brokers. A broker may comply with the statutory requirement that the broker retain and have the certificates available for inspection by accessing the licensed employee’s record in the Public Database at www.azre.gov and printing a copy showing current and active licensure to the employing broker or having this data available electronically. Employing broker and designated broker license certificates must still be displayed. An acceptable form is a printout of data contained in the ADRE Public Database. Authority: A.R.S. § 32-2102 provides that the Department of Real Estate, under the direction of the Real Estate Commissioner, shall administer Title 32, Chapter 20. A.R.S. § 32-2128 requires designated brokers and, where applicable, employing brokers, to prominently display their licenses in the office of the broker. Designated brokers are also required to have the licenses of salespersons and associate brokers licensed to the broker available and retained by the broker until or unless the license is returned to the Department due to license expiration, sever of employment, cancellation, suspension, termination or a change of employment information. A.A.C. R4-28-303. A.R.S. § 32-2151.01 requires the employing broker to maintain in the broker’s files a copy of employment status for all current and former employees for a period of at least 5 years from the date of the termination of employment. Policy Program: Licensure/Regulation Effective Date: Feb 1, 2007 No. 2006.16 rev. REPEALED No. 2005.15 Short Title: Broker Home Office This substantive policy statement is advisory only. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules made in accordance with the Arizona Administrative Procedure Act. If you believe that this substantive policy statement does impose additional requirements or penalties on regulated parties you may petition the agency under ARS 41-1033 for a review of the statement. Description of Practice/Procedure: This policy is to describe the circumstances when the Department will not require compliance with the signage requirement. Some brokers retain their licenses on active status but do little or no real estate related activity and do not maintain an office outside their home. A.R.S. § 32-2126(B) provides, in part, that ‘‘Each designated broker and, if applicable, each employing broker shall cause a sign to be affixed at the entrance to the broker’s place of business, in a place and position clearly visible to all entering the place of business, with the name of the broker, the name under which the broker is doing business if other than the broker’s given name, ...’’ The Department will not consider a broker to be in violation of the signage requirement under the provisions of A.R.S. § 32-2126(B) when the broker: • maintains a home office in the broker’s PRIMARY RESIDENCE, • handles FEWER THAN 3 transactions a year (0, 1, or 2), and • has no real estate related employees (licensed or unlicensed) The broker shall clearly and obviously display the broker’s real estate license in the home office, and comply with all other applicable statutory and rule requirements to hold a broker’s license. Authority: A.R.S. § 32-2102 provides that the Department of Real Estate, under the direction of the Real Estate Commissioner, shall administer Title 32, Chapter 20, Ariz. Rev. Stat. Policy Program: Licensing/Enforcement/Auditing Effective Date: December 28, 2005 No. 2005.14 Short Title: Fair Housing Course Substitute This substantive policy statement is advisory only. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the agency and does not impose additional
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The online PDF version of the law b
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32-2101. Definitions In this chapte
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(c) Negotiates or offers, attempts
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59. "Unimproved lot or parcel" mean
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amendment of a license or public re
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The information may include but sha
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32-2137. Cancellation of active lic
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32-2163. Unlawful acts; out-of-stat
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32-2176. Payment of finder fees to
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(b) The subdivision is located with
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83 REAL ESTATE 32-2197.22 B. A pers
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85 REAL ESTATE 32-2198.01 of partne
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87 REAL ESTATE 32-2198.08 credit or
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Page 162 and 163: BROKERS AND SALESPERSONS —Cont’
Page 164 and 165: BROKERS AND SALESPERSONS —Cont’
Page 166 and 167: CLOSING —Cont’d Timeshares, §3
Page 168 and 169: DEFINED TERMS —Cont’d Component
Page 170 and 171: ESCROW OR TRUST ACCOUNTS —Cont’
Page 172 and 173: JOINT VENTURE AGREEMENTS. Membershi
Page 174 and 175: MEMBERSHIP CAMPING BROKERS —Cont
Page 176 and 177: PROFESSIONAL LIMITED LIABILITY COMP
Page 178 and 179: REAL ESTATE BROKERS —Cont’d Lic
Page 180 and 181: REAL ESTATE DEPARTMENT —Cont’d
Page 182 and 183: RENTAL PROPERTY —Cont’d Residen
Page 184 and 185: SUBDIVISIONS —Cont’d Exception
Page 186 and 187: TIMESHARES —Cont’d Public repor
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Law Book - Arizona Department of Real Estate

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