Law Book - Arizona Department of Real Estate

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No. 2005.03 1) collect demographic information 2) solicit interest in engaging the services of a licensee or brokerage 3) set or confirm appointments (with no other discussion) for: A licensee to list or show property A buyer with a loan officer A property inspector to inspect a home A repair/maintenance person to perform repairs/maintenance An appraiser to appraise property 4) mortgage and/or title companies to track the status of a file, check daily interest rates and points, whether buyer has been qualified, confirm closing appointment for licensee, and so forth Assist a licensee at an open house Unlock a home for a licensee so that licensee can show a buyer the property or preview the property (no discussion about the property) Deliver documents (as a mail or delivery service only) An unlicensed assistant shall not perform the following activities: Hold/host an open house without an agent being present Perform a walk-through inspection Answer questions relating to a transactional document Give instructions to inspectors, appraisers or maintenance/repair people. Because these instructions are part of the licensee’s regular duties and there is a direct relationship to the (potential) transaction, a license is required in order to give instructions to inspectors appraisers or repair/maintenance people Authority: A.R.S. § 32-2101(46) defines the activities of a real estate broker, for which licensure is required pursuant to A.R.S. § 32-2122. See also A.R.S. § 32-2121. Policy Program: Enforcement Effective Date: Revised April 3, 2000; Revised & Renumbered 5/28/04; Renumbered 4/01/05. No. 2005.03 APPENDIX: SUBSTANTIVE POLICY STATEMENTS Short Title: Disclosure of Licensee’s Home Address 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: Only the business addresses and telephone numbers of active-status licensees are disclosed to the public. Requests for the residential address and telephone number of an active status licensee shall be denied, except in the cases of those self-employed brokers whose business and residential addresses are the same. State law requires the Department to make available to the public the residential address and telephone number of an inactive licensee unless the inactive licensee provides the Department with a current and valid alternative mailing address and alternative telephone number. A licensee who has obtained an Order of Protection may provide the Department with a current and valid alternative mailing address and alternative telephone number. All licensees are required to provide and maintain their current residential address on file with the Department. All licensees are required to notify the Department within 10 days of any changes to their personal licensing data, including personal (residence) address. Authority: A.R.S. § 32-3801, adopted April 4, 1997, states that a licensee’s residential address and telephone number shall not be available unless that is the only address on file. At the Department, a business address is available when the license held is current and an employing broker employs the licensee. This law superseded the 1996 provision that authorizes the Commissioner to keep confidential a licensee’s home address and telephone number for good cause upon a request by the licensee. A.R.S. § 32-2123 requires an applicant to provide the applicant’s residential address. A.A.C. R4-28-301 (E) & R4-28-303 require the residential address be kept current. 148
149 APPENDIX: SUBSTANTIVE POLICY STATEMENTS No. 2005.01 Policy Program: Licensing Effective Date: Revised 12/6/01; Revised & Renumbered 5/28/04; Renumbered 4/01/05. No. 2005.02 Short Title: Attendance Requirements for Credit & Enforcement 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: A.R.S. § 32-2124(B) and (C) and § 32-2130(A) require licensees to attend a prescribed amount of time in pre-licensure and continuing education classes. Tardiness may preclude a student from receiving credit for the course. Commissioner’s Rule R4-28-101(3) defines ‘‘credit hour’’ as a fifty minute period of instruction, which allows students a 10-minute break for each sixty minutes and still receive an ‘‘hour’’ of credit for each 50 minutes spent under instruction. When a course sponsor schedules a class, the customary practice is to schedule just enough time to cover breaks and meet the ‘‘fifty-minutes-of-instruction’’ definition (standard) to award each approved credit hour. The course instructor and the real estate school providing the course are responsible for enforcing the above standard. Authority: The authority to approve or disapprove courses and course sponsors exists in A.R.S. § 32-2135 and Title 4, Chapter 28, Article 4 of the Arizona Administrative Code. Attendance is required in order for Department-approved credit is issued pursuant to A.R.S. §§ 32-2124 (B) and (C), 32-2130 and A.A.C. R4-28-101. Policy Program: Education Effective Date: June 18, 1999; Revised & Renumbered 5/28/04; Renumbered 4/01/05. No. 2005.01 Short Title: Acceptable Forms of Payment 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 will only accept payment for fees and for any other purposes when made by cash, check or money order, or by acceptable credit card for specified on-line transactions. Acceptable checks include pre-printed personal or business account checks or drafts, either in-state or out-of-state. The Department will not accept two-party checks, counter checks or any check not pre-printed with the name and address of the account holder, the name of the subject financial institution and the account number. Payment of a civil penalty shall be paid by money order, certified check, cashier’s check or cash. 1 If an individual or entity has an outstanding ‘‘bad check,’’ no further checks or payment of any other kind for any purpose will be accepted by the Department from that individual or entity until the outstanding check is redeemed, including returned check costs, using a cashier’s check, money order, certified check or cash. On-Line transactions, including license renewals, hire or sever requests, and transfers of employment, may be paid using a Discover, Visa, MasterCard or American Express credit card at the conclusion of the on-line session, after the user has been automatically redirected to a secure website. Authority: A.R.S. §§ 32-2125.01, -2129, -2130, -2186, -2194.02, -2195.02, -2196, -2197.05 and -2198.09 authorize the Commissioner to assess fees and prescribe the amounts to be charged. A.R.S. § 35-142(I) authorizes state agency acceptance of credit card payments pursuant to § 35-315.
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32-2101. Definitions In this chapte
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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’
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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
Page 188: Notes
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Law Book - Arizona Department of Real Estate

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