The government authority that licenses and regulates real estate brokers in Illinois is the Illinois Department of Financial and Professional Regulation (IDFPR), specifically through its Division of Real Estate. The IDFPR oversees new license applications, renewals, professional discipline, and setting education requirements for real estate brokers. Within the IDFPR, the Division of Real Estate is the primary entity managing real estate licensing. The IDFPR administers the Illinois Real Estate License Act of 2000, which governs the state's licensing and regulation of real estate professionals.
To become a licensed real estate broker in Illinois, you must:
- Be at least 18 years old
- Have a high school diploma or GED
- Complete 75 hours of state-approved pre-licensing education
- Pass the course final exam
- Pass the Illinois Real Estate Broker Examination
- Select an Illinois-based sponsoring broker
- Complete the Broker License Application
Problems that Licensed Illinois Real Estate Professionals May Face
Real estate professionals in Illinois can face several challenges, including:
- Disciplinary action: Real estate licensees can be disciplined for a variety of reasons, including:
- Providing services without a valid license
- Violating fair housing laws
- Misusing contracts
- Failing to maintain proper records
- Providing misleading information in advertisements
- Breaching fiduciary duties, such as putting personal interests ahead of clients' interests
- Staying compliant: Real estate agents must stay compliant with regulations.
If you face threats to your Illinois professional real estate license, do not try to navigate this situation alone. Talk to an experienced Lento Law Firm professional license defense attorney who can offer wise counsel, such as advising you on how to respond to the IDFPR's investigation, and help you quickly prepare an effective strategy, such as gathering evidence to support your case. Contact our Professional License Defense Team at the Lento Law Firm online or by calling 888 535-3686.
How Identity Theft Could Affect Your Professional Real Estate License
As a licensed Illinois real estate professional, you are a potential target for identity thieves. They have many methods for stealing your identifying information, including credit card numbers, addresses, and Social Security Numbers. If your identity is stolen, you may be concerned about how this incident could impact your professional license. Could your license be at risk because your identity was stolen?
Identity theft happens when a thief steals your personal information without your knowledge to commit fraud or theft. Knowing how to guard your personal information is your first defense against identity theft. Identity theft is often a silent crime. Experienced identity thieves may use your information for months—even years—while you remain unaware.
Identity theft can indirectly affect a real estate license in Illinois through a criminal record that is generated in the thief's name:
- Fake ID: If a thief uses your identity to create a fake ID and is arrested, the criminal record will appear on your background check when you apply for your license.
- Law enforcement investigation: If law enforcement reports the conviction to your licensing board, they may investigate and suspend or revoke your license.
Identity theft can also affect real estate agents in other ways, including:
- Fake listings: Fraudsters may use your name, photograph, and listings to attract buyers or contact prospects. They may also attach your name and image to a fake listing for a property not for sale.
- License and name used fraudulently: Scammers may use your name and license number on their websites to fraudulently sell real estate. You can search for your name and license number to see if they're being used without your permission.
Illinois Investigation Process for Licensed Real Estate Professionals
The IDFPR investigates complaints against licensed real estate professionals in the following process:
- Complaint intake: The Complaint Intake Unit reviews complaints from the public, law enforcement, other licensees, and governmental agencies.
- Assignment: A lead investigator is assigned to the complaint.
- Investigation: The investigator determines if there is legal jurisdiction and enough evidence to proceed.
- Referral: The investigator refers the case to a prosecuting attorney if there is enough evidence. If there isn't enough evidence, the case is closed.
- Formal hearing: If a complaint is filed, the licensee is notified and can respond in writing. The Department presents its evidence at the hearing, and the licensee presents their defense. The Department must prove its case "clearly and convincingly."
- Disciplinary action: Depending on the violation, the licensee may face a suspension, revocation, or refusal to renew their license.
If the IDFPR investigates you, you can consult with a Lento Law Firm professional license defense attorney to help you balance cooperation with the investigator and protect your rights. You can file a complaint against a licensed real estate professional online or in PDF form.
Due Process for an Illinois Real Estate Investigation
Due process in an Illinois real estate license investigation involves the following steps:
- Review: The IDFPR reviews information to determine if there is enough evidence to support a rule violation.
- Complaint: The IDFPR serves the complaint and any supporting documentation to the real estate agent.
- Investigation: The IDFPR investigates the allegations of misconduct.
- Hearing: If there is enough evidence, the IDFPR holds a hearing to determine if a violation occurred and what discipline is appropriate. The real estate agent can present their case and explain the alleged abuses.
- Decision: The IDFPR makes a written decision.
The IDFPR may take disciplinary action against a real estate agent's license for many reasons, including reprimands, fines, probation, suspension, or revocation of the license.
Consequences of an Illinois Real Estate Investigation
If an Illinois licensed real estate professional is the subject of an investigation for misconduct, they may face consequences, including:
- Reprimand: A written reprimand may be issued
- Fine: A fine may be imposed
- Probation: The real estate professional may be placed on probation
- License suspension or revocation: The real estate professional's license may be suspended or revoked
- Membership suspension or termination: The real estate professional's membership with a real estate association may be suspended or terminated
- Course attendance: The real estate professional may be required to attend courses or seminars to increase their understanding of ethics and other responsibilities
The IDFPR investigates complaints against real estate agents to determine if there are grounds for discipline. The IDFPR may:
- Review relevant documents
- Conduct interviews
- Gather evidence
- Contact the real estate professional to ask them to surrender their license
- Notify the real estate professional of a preliminary hearing or informal conference
The real estate professional may be able to negotiate with the IDFPR regarding the nature and level of discipline. They may also be able to resolve the matter through an informal conference.
What Happens If You Lose Your Illinois Professional Real Estate License?
If you lose your real estate license in Illinois, you can't practice real estate, and you may face civil or criminal penalties:
- Can't practice real estate: You can't earn commissions, referral fees, or represent yourself on purchases.
- Civil or criminal penalties: You may face fines or jail time for practicing real estate without a license. Misdemeanor fines are usually up to $1,000, while felony fines can be $5,000 or more.
- Apply for reinstatement: You can apply for a petition to get your license back one year after it was revoked.
Some reasons you might lose your real estate license in Illinois include:
- Criminal conviction: A conviction for certain crimes, especially crimes of moral turpitude, can result in license loss. These include embezzlement, extortion, forgery, identity theft, and writing bad checks.
- Failing to meet licensing requirements: This includes failing to cooperate with regulatory agencies or violating the Fair Housing Laws.
- Tax issues: Failing to file a return and pay taxes, penalties, or interest can result in license suspension or refusal to renew.
- Child support delinquency: If the Department of Healthcare and Family Services certifies that you are more than 30 days delinquent in paying child support, your license may be suspended or revoked, or you may face other disciplinary action.
- Mental illness, mental deterioration, or physical disability: You may lose your license if you cannot perform professionally due to these issues.
- Alcohol or drug abuse: Alcohol or drug abuse can be a reason for losing your license.
Why Hire a Lento Law Firm Professional License Defense Attorney
The IDFPR rules can be intricate, and an attorney must interpret them accurately to identify potential defenses and legal strategies. A Lento Law Firm professional license defense attorney with experience in real estate licensing matters can efficiently navigate the formal complaint process, including hearings and appeals. If the complaint involves potential license suspension or revocation, our attorneys can advocate strongly to minimize the impact on your ability to practice real estate.
Our Lento Law Firm Defense Attorneys know Illinois's threats to real estate professional licenses are more than just administrative matters. Our attorneys help real estate brokers who are under investigation by The IDFPR in several ways, including:
- Responding to a complaint:Attorneys can help brokers respond to a complaint before the deadline.
- Defending against allegations: Attorneys can help brokers defend against misconduct allegations.
- Obtaining a favorable outcome: Attorneys can aim to help brokers obtain a favorable outcome, which may be less costly at the inquiry stage than at a formal hearing.
- Working out a resolution: The Lento Law Firm has a good working relationship with The IDFPR and can often work out a resolution without a formal hearing. Brokers can discuss their situation with a Lento Law Firm professional license defense attorney to decide whether to obtain legal representation.
Our Lento Law Firm Professional License Defense Team Can Help You
If you face threats to your Illinois professional real estate license, do not try to navigate this situation alone. Talk to an experienced Lento Law Firm professional license defense attorney who can offer wise counsel and help you quickly prepare an effective strategy. Contact our Professional License Defense Team at the Lento Law Firm online or by calling 888 535-3686.
