VIOLATIONS OF THE ACT
AND DISCIPLINARY PROCEDURES

Unlicensed Practice

The DFPR maintains an index of formal decisions regarding the issuance, refusal to issue, renewal, refusal to renew, revocation, and suspension of licenses and probationary or other disciplinary action. This index is available for inspection by the public during the DFPR's regular business hours.

The DFPR may impose a fine against an unlicensed person engaged in real estate activities. Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a real estate licensee being licensed by the DFPR, in addition to any penalty by law, are subject to a civil fine to the DFPR up to $25,000 for each offense. The OBRE has the authority and power to investigate all unlicensed real estate activities. The civil fine must be paid within 60 days and constitutes a judgment against the offender. The judgment is filed and executed in the same manner as any court judgment.


Violations of The Act

The DFPR may refuse to issue or renew a license, may place on probation, suspend, or revoke any license, or may censure, reprimand, or otherwise discipline or impose a civil fine not to exceed $ upon any licensee for violation of any of the following:
1) committing fraud in obtaining or seeking to obtain a license
2) when the applicant has been convicted of any crime, an essential element of which is dishonesty, fraud, larceny, embezzlement, obtaining money, property or credit by false pretenses, commission of a confidence game, has been convicted in this or another state of a crime that is a felony under Illinois law, or has been convicted of a felony in a federal court.
3) performing or attempting to practice real estate from an office in a establishment not from and distinct from a retail business
4) the applicant has been adjudged to be a person under legal disability or subject to involuntary admission or adjudged to meet the standard for judicial admission as provided in the Mental Health and Developmental Disabilities Code
5) disciplined by another state if one of the grounds for the discipline is the same as or equal to grounds set forth in the act
6) engaging in licensed activities without a , after a licensee's license has expired, or while the licensee's license was
7) when an applicant or a licensee attempts to subvert or cheat on the real estate licensing exam or a continuing education exam administered by a continuing education school
8) engaging in real estate and found guilty of:
a) making any substantial misrepresentation or advertising
b) making any false promises of a character likely to influence, persuade, or induce
c) pursuing a continued and flagrant course of misrepresentation of the making of promises through licensees, employees, agents, advertising or any other means
d) any misleading or untruthful advertising, or using any trade name or insignia of membership in any real estate organization of which the licensee is not a member
e) acting for more than one party in a transaction without providing written notice to all parties for whom the licensee acts
f) representing or attempting to represent a broker other than the broker
g) failure to for or to remit any moneys or documents coming into a licensee's possession that belongs to others
h) failure to maintain and deposit in a special account, separate and apart from personal and business accounts, all moneys belonging to others entrusted to a licensee while acting as a real estate broker, escrow agent, or temporary custodian of the funds of others or failure to maintain all moneys on deposit in the account until the transactions are consummated or terminated, except to the extent that the moneys be disbursed prior to the consummation or termination of the transaction in accordance with
(i) the direction of the principles to the transactions or their duly authorized agents
(ii) directions providing for the release, payment, or distribution of escrow moneys contained in any written contract signed by the principals to the transaction or their duly authorized agents, or
(iii) pursuant to an order of a court.
9) escrow accounts must be bearing, unless the to the transaction specifically require, in writing, that the deposit be placed in an t bearing account.
10) failure to make available to DFPR enforcement personnel all escrow records and related documents maintained in connection with the practice of real estate within hours of the request for those documents.
11) failing to furnish upon request all documents relating to a real estate transaction to all the parties executing them
12) failure of a sponsoring broker to timely provide information, cards, or termination of licenses to DFPR
13) engaging in a dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public
14) the money or property of others with his or her own
15) employing any person on a purely temporary or deal basis as a means or evading the law regarding payment of commission to nonlicensees on some contemplated transactions
16) permitting the use of his or her license as a to enable a salesperson or unlicensed person to operate a real estate business without actual participation and control
17) any conduct constituting dishonest dealing
18) displaying a "for " or "for " sign without the consent of the owner or the owner's agent
19) by any means a property is for sale or rent without the written consent of the owner or the owner's agent
20) failing to provide information requested by the DFPR, within of the request, either as the result of a formal or informal complaint to the OBRE or as a result of a random audit conducted by the DFPR
21) running a ad
22) participating in any integration maintenance plan or promoting the continuance or maintenance of racially and religiously segregated housing
23) engaging in any act that constitutes a violation of the Illinois Human Rights Act
24) inducing any party to a contract, lease or brokerage agreement to break the agreement for the purpose of substituting a new agreement with another party
25) negotiating the sale, exchange, or lease of real estate directly with any person if the licensee knows that the person has a exclusive brokerage agreement with another
broker, unless specifically authorized by that broker
26) advertising or offering merchandise or services for free in any conditions or obligations for receiving the merchandise or services are not in the same advertisement
27) disregarding or violating any provision of the Illinois Land Sales Registration Act, the Illinois Real Estate Time-Share Act, or the published rules promulgated by OBRE to enforce these acts
28) violating the terms of a disciplinary order issued by the DFPR
29) paying compensation in violation of the act
30) requiring a party to a transaction, who is not a client of the licensee, to allow the to retain a portion of the escrow moneys for payment of the licensee's commission or expenses as a condition for release of the escrow moneys to that party
31) disregarding or violating any provision of the act or aiding or abetting any individual, partnership, registered limited liability partnership, limited liability company, or corporation in disregarding any provision of the act or the rules promulgated by the DFPR to enforce the act

Licensees cannot advertise or offer merchandise or services as if any conditions or obligations necessary for receiving the merchandise or services are not in the same or offer. These conditions or obligations include such requirements as having to attend a promotional activity or visit a real estate site. The offer of "free" includes terms such as award, prize, no charge, without charge, and any similar words or phrases that would lead a person to believe he may receive something of value without any conditions or obligations his part.