Section 4: Duties and Powers of the Arizona Real Estate

Section 4: Duties and Powers of the Arizona Real Estate

Commissioner and Advisory Board Flashcards Purpose of the Arizona Real Estate Advisory Board To provide recommendations to the commissioner, who's responsible for implementing and enforcing license laws and rules.May request...- Criminal records- Fingerprinting cards- An affidavit given by the person in question asking whether the applicant has ever been convicted of a crime, been denied a professional license, been subject to disciplinary action, had a license suspended or revoked, etc.How does the Real Estate Commissioner determine the moral character of a real estate license applicant or current licensee (especially one being charged with an ethics-related violation)?

• The licensee performed real estate activities that require a

license (and therefore are subject to the real estate department's jurisdiction)- The licensee was a principal in a transaction and engaged in fraud or misrepresentation and the consumer's reliance on the licensee caused damage Requirements for consumers to be able to collect from the Real Estate Recovery Fund

• Transactions for property outside Arizona- Tenant

conduct or neglect- Vandalism- Natural causes (e.g.storms, flooding)- Post-judgement interest- Undocumented transactions The real estate recovery fund will not reimburse damages or losses resulting from, among other things...Does not illustrate the relationship between the commissioner and the Arizona Real Estate Advisory Board Board members have documented an increase in license law violations related to agency disclosure and direct the commissioner to address the issue through additional training and penalties chairpersonElected by the real estate advisory board every year.Does not illustrate the relationship between the commissioner and the Arizona Real Estate Advisory Board The advisory board solicited the commissioner's advice related to the number of continuing education credits required for Arizona brokers.

• yearsHow long is the term for a real estate advisory board

member?Arizona Real Estate Advisory BoardPresents the governor with an evaluation of the commissioner and the real estate department once a year.real estate commissionerhead of the Arizona Department of Real Estate consent ordersvoluntary agreements worked out between two or more parties to a dispute, such as when a licensee commits a license law violation and the licensee wishes to appeal the agency action or contest the case. A compromise between the licensee and the commission in a dispute, with terms that the commissioner feels appropriate, such as the issuance of a provisional license.Consumers may apply for a maximum of $30,000 per transaction, regardless of the number of aggrieved parties or the number of licensees involved. This is limited to

$90,000 per licensee.Liability limit paid out to consumers using the real estate recovery fund

• Has the power to open an investigation into formal

complaints brought against anyone performing real estate brokerage services in Arizona.- Oversees the department's certification and enforcement unit, which does the actual

investigating- Investigation includes: 1) examining records

and other physical evidence, 2) taking testimony, 3) issuing subpoenas of witnesses and documents/other evidence Real Estate Commissioner's role in investigations cease and desist ordersIssued by the Real Estate Commissioner against parties who are engaged in or are preparing to engage in an act that would constitute a real estate violation. Meant to stop parties from engaging in these violations and if they've caused harm, to make restitution or take appropriate action to remedy the harm within a reasonable time.Bring court action against them.What can the commissioner do if subjects continue to engage in violation related acts after receiving a cease and desist order?They are not compensated for their work, but they are allowed reasonable subsistence and travel expenses as outlined in Arizona law.How are Arizona Real Estate Advisory Board members compensated?Does not illustrate the relationship between the commissioner and the Arizona Real Estate Advisory Board The Commissioner directs the advisory board to implement a penalty against a licensee found to have violated Arizona license law.Educational Revolving FundFund held by the ADRE for seminars, workshops, and any other educational endeavor the commissioner deems worthy. If it exceeds $25,000 at the end of any fiscal year, the excess is transferred into the state's general fund.Real Estate Advisory Boardfunctions as a liaison between the public and the real estate commissioner. (Not a commission).Arizona Real Estate Advisory Boarda 10-member panel that advises the commissioner on real estate matters

• No more than five members may be from the same

county- Two members who are real estate brokers with at least five years experience in Arizona (no more than one member from any one county)- Two members who have been engaged in residential real estate brokerage for the five years immediately preceding appointment- One member who has been engaged in multi-family residential rental brokerage as a licensed broker for the five years immediately preceding appointment- Two members who are primarily property sub-dividers- Three members of the general public who do not hold a real estate license in the state and aren't a blood relative of a real estate licensee in the state Real Estate Advisory Board Makeup Illustrates the relationship between the commissioner and the Arizona Real Estate Advisory Board The advisory board completes a research project related to the need for a third level of Arizona licensure (associate

broker).