1 MacIntosh real estate School Colorado Course - CHAPTER 15. CHAPTER 15 - RULES AND REGULATIONS . FOR real estate BROKERS. TABLE OF CONTENTS. Rule Heading (Topic) - Page Number RULE A - Qualifications, Applications and Examinations A-2 Requirements must precede application - 5. A-3 Exams given only to those qualified - 5. A-5 Licensing exam in two parts - 5. A-7 Exam results certified only if licensed - 5. NOTE to STUDENT: The A-9 License processing time frames - 5. headings (in bold) at the A-10 Application denied or deferred; exam score extension - 6. beginning of each Rule or A-11 Certificate of license history required - 6. Section serve as a summary A-12 Applicant with prior legal involvement - 6. A-15 Fingerprints and Background Check - 7. of the Rule that follows. Use A-16 Fingerprint submitted to CBI - 7. these summaries to help you A-17 Pre-license education requirements - 7. A-20 Denied license notice required - 7.
2 Understand the legalese of A-23 Pre-license & brokerage admin courses the RULES and put them into must be acceptable to comm. - 7. terms that are simpler to A-24 Commission has course audit auth. - 8. A-25 NSF check voids application - 8. remember. These are also A-26 Temporary broker license 8. valuable tools to assist you RULE B - Continuing Education in outlining. Use them! B-1 When continuing education required - 8. B-2 Methods of completing continuing education - 8. B-3 Annual Commission Update Course Standards - 9. B-4 Distance learning permitted, defined - 9. B-5 Courses excluded from continuing education credit - 10. B-6 Courses automatically pre-approved for continuing ed. credit - 10. B-7 Courses that must receive Commission approval prior to offering - 10. B-8 Administrative RULES for continuing education courses - 10. B-10 Proof of course completion - 11. B-11 Provider must retain records - 11. B-12 Annual Commiss.
3 Update Course approval application process - 11. B-13 Providers subject to statute, rule and course audit - 12. B-14 Licensee attests to compliance by submitting application 12. RULE C - Licensing / Office C-1 Individual proprietor must be sole owner - 12. C-2 Resident broker required to have office; exceptions - 12. 1. Copyright 2018 - All Rights Reserved Colorado Contracts & Regs (48 credit hrs). MacIntosh real estate School Colorado Course - CHAPTER 15. C-3 Responsible broker availability - 12. C-14 Associates licensed under broker 's name, not trade name - 12. C-16 License non-transferable - 12. C-17 Corporate license name may not duplicate suspended/revoked license - 12. C-18 Brokerage activity only in trade name or full licensed name - 13. C-19 Name RULES - 13. C-20 No license name similar or identical to one previously issued - 14. C-21 Individual proprietor may not appear to be corporate - 14. C-22 Employing broker qualifications for business entities - 14.
4 C-23 Unlicensed on-site manager - 15. C-24 On-site manager license exemption - 15. C-25 Notice of termination; employing broker 16. C-26 Inactive license 16. RULE D - Renewal, Transfer, Inactive License, Errors and Omissions Insurance D-2 Inactive license request - 16. D-3 Inactive license must be renewed - 16. D-4 Renew using method approved by commission - 17. D-5 Inactive renewal notice to last home address - 17. D-6 Active renewal notice to employing broker - 17. D-7 Direct compensation from previous broker - 17. D-9 Form and fees required to change license - 17. D-11 Initial license renewal - 17. D-12 Renewal fees non-refundable - 17. D-13 Reinstatement & activation fees - 17. D-14 Errors and omissions (E&O) insurance 18. RULE - E Separate Accounts-Records-Accountings Investigations E-1 Trust accounts; requirements and purposes - 20. (a) Accounts in name of broker and business entity - 20. (b) Accounts in name of employing broker only - 20.
5 (c) Escrow funds must be available immediately without penalty - 20. (e) Commingling prohibited - 21. (f) Money belonging to others defined - 22. (g) Earnest money on new construction - 22. (h) Separate escrow accounts required for managing 7 or more residences - 22. (j) Installment land contract - 22. (k) Encumbrance before delivery of deed - 22. (l) Earnest money - 22. (m) Time limits for deposit of money belonging to others - 23. (n) Listing broker holds escrow funds; delivery to third party - 23. (o) Record keeping requirements - 23. (p) Diversion/Conversion prohibited - 25. (q) Items in lieu of cash - 25. (r) Branch office trust accounts require branch office record keeping - 25. 2. Copyright 2018 - All Rights Reserved Colorado Contracts & Regs (48 credit hrs). MacIntosh real estate School Colorado Course - CHAPTER 15. (t) Number of separate accounts may vary from zero to unlimited - 25. E-2 Payment earned only after performance.
6 Account within 30 days; non-refundable retainers - 25. E-3 Licensee must produce records; HOA records belong to HOA - 26. E-4 Document preparation and duplicates - 26. E-5 Closing responsibility; closing statement distribution - 27. E-6 Electronic Records - 28. E-8 Advertising - 28. E-10 License non-transferable Associates not independent or employing - 28. E-11 Listing must have termination date - 28. E-12 Holdover agreement - 29. E-13 Sign-crossing rule - 29. E-14 Licensee must recommend title exam & legal counsel - 29. E-15 No broker right to earnest money return - 30. E-16 Owner-held security deposits - 30. E-18 Fees from mortgage lenders; prior approval required - 30. E-19 Fees from title insurance companies prohibited - 30. E-20 Property list price must be set by owner - 30. E-21 Licensee must respond to complaint or audit notice in writing - 31. E-22 Inducements for title insurance prohibited - 31. E-23 Payment to out-of-state brokers - 31.
7 E-24 Fraudulent application subject to discipline - 32. E-25 Continuing duty to disclose conflict of interest and license status - 32. E-27 No representation of future status of property - 32. E-29 Employing broker exercises authority, direction and control - 32. E-30 Employing broker responsibilities - 33. E-31 Reasonable supervision - 33. E-32 High-level of supervision - 34. E-33 Ministerial tasks - 34. E-34 Purchase offers must go to listing broker - 34. E-35 Brokerage relationship disclosure in writing - 34. E-36 Good funds at closing 35. E-37 No fees to licensee/agent for legal document preparation - 35. E-38 Office Policy Contains Designation of Brokerage Relationship - 35. E-39 Office brokerage relationship policy must be written - 36. E-40 Double-ended brokerage relationships (no dual agency) - 37. E-41 Change of Status disclosure in writing - 37. E-42 Notice required on CMA's for other than marketing - 37. E-43 Square footage measurement (Licensee responsible for accuracy of measurements when licensee does the measuring) - 37.
8 E-44 Actions when license is revoked, expired or inactive - 38. E-45 Supervising broker Confidential Information - 38. E-46 Affiliated Business Arrangements - 39. E-48 No licensee may file lien to secure commission - 41. E-49 Licensee must notify Commission of result of criminal action - 41. 3. Copyright 2018 - All Rights Reserved Colorado Contracts & Regs (48 credit hrs). MacIntosh real estate School Colorado Course - CHAPTER 15. RULE F - Use of Commission Approved Forms Introduction - 41. F-1 Permitted and Prohibited Form Modifications - 47. F-2 Additional Provisions - 43. F-3 Addenda - 43. F-4 Prohibited Provisions - 44. F-5 Explanation of Permitted Modifications - 44. F-6 Commission-Approved Form Reproduction - 44. F-7 Forms Promulgated by the Commission - 45. real estate COMMISSION APPROVED FORMS (List) 45. RULE G - Brokers acting under 12-61-101(2)(j) CRS. G-2 Licensee must give tenant contract or receipt - 47. G-3 broker must retain copy of referral lists given in person - 48.
9 G-5 broker must retain copy of referral lists given by phone - 49. G-6 Advertising - 49. G-7 Grounds for finding unworthiness or incompetence 50. RULE I - Declaratory Orders I-1 Any person may petition for an order - 50. I-2 Commission determines whether to rule - 50. I-3 Commission considerations - 50. I-4 Petition contents - 51. I-5 Procedures if the Commission will rule - 51. I-6 Parties to proceedings - 52. I-7 Orders subject to judicial review 52. RULE K - Exceptions and Commission Review of Initial Decisions K-1 Written Form, Service and Filing Requirements - 52. K-2 Authority to review - 53. K-3 Designation of record and transcripts - 53. K-4 Filing of Exceptions and Responsive Pleadings - 54. K-5 Request for Oral Argument - 54. SHORT-ANSWER and QUIZ QUESTIONS - 55 through 80. SHORT-ANSWER and QUIZ ANSWERS - 81 through 86. 4. Copyright 2018 - All Rights Reserved Colorado Contracts & Regs (48 credit hrs). MacIntosh real estate School Colorado Course - CHAPTER 15.
10 CHAPTER 15 - COMMISSION RULES . A. QUALIFICATIONS, APPLICATIONS AND EXAMINATIONS Notes: A-2. Requirements must precede application Educational requirements for an initial license imposed by 12-61-103(4) and (6)(c)(II), , must be completed and proof of completion filed in a method or manner as prescribed by the Commission prior to taking the examination and applying for a license. A-3. Exams given only to those qualified Examinations will be given only to duly qualified applicants for a real estate broker license, licensees upgrading a license, or licensees meeting the continuing education requirement; however, one instructor from each real estate school offering real estate courses required of applicants under section 12-61- 103(4) may write the examination one time during any 12-month period. A-5. real estate license examination, exam expiration and application requirements. The real estate license examination is made up of two parts, a general portion and a state portion.