Arizona Department of Real Estate
Directory of Substantive Policy Statements


Notice Required by ARS § 41-1091 (B)
These Substantive Policy Statements are 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 requirement or penalties on regulated parties or include confidential information or rules made in accordance with Arizona Administrative Procedure Act.  If you believe that this substantive policy statement does impose additional requirement or penalties on regulated parties you shall petition the agency under A.R.S. § 41-1033 for a review of the statement.



No.  2008.06
Short Title:  Preventing Mortgage Fraud through Disclosure

Description:  The Department recommends that a licensee who provides a premium, credit, or rebate in a real estate transaction disclose the premium, credit, or rebate to all parties in the transaction, including the lender and third-party service providers, such as appraisers, in the purchase agreement and the HUD-1 statement (or other writing if no HUD-1 is required).
Effective Date:  June 18, 2008


No.  2008.05
Short Title:  Continuing Education Requirements for Renewal of 4-Year License

Description:  An agent or broker (licensee) who has a four-year license must receive 24 hours of continuing education credit (CE) in the first 24 months of the license period and 24 hours of CE in the second 24 months of the license period in order to be eligible for renewal.
Effective Date:  June 6, 2008


No.  2008.04
Short Title:  Business Brokers; License Requirement Clarification

Description:  A Business Broker is a person who acts as an intermediary between sellers and buyers of businesses or business opportunites.
Effective Date:  April 4, 2008


No.  2008.03
Short Title:  Acceptable Forms of Payment

Description:  The Department will only accept payment for fees and for any other purposes when made by credit card, cash, check, or money order.
Effective Date:  February 8, 2008


No.  2008.02
Short Title:  Subsequent Owners/Disclosure Reports (Public Reports)

Description:  A subsequent owner of 6 or more lots located within an existing platted subdivision for which a Subdivision Disclosure Report was previously issued may qualify for a Special Order of Exemption from the requirement to obtain a new Subdivision Disclosure Report.
Effective Date:  February 8, 2008; Revised 11/05/08


No.  2008.01
Short Title:  Pre-License Education Waiver

Description:  No waiver will be granted for the mandated ninety-classroom hours for real estate salesperson or broker pre-licensure curriculum.
Effective Date:  February 8, 2008


No.  2007.18  rev.
Short Title:  Real Estate Licensee Advertising

Description:  Clarifies the Commissioner's Rules on advertising to reduce unsubstantiated complaints and the backlog of investigations from such complaints regarding telephone and address requirements for advertising by a licensee.
Effective Date:  February 1, 2007; Revised 02/12/07


No.  2007.17
Short Title:  Electronic License Certificate Complies with Statutory Requirement

Description:  The Department of Real Estate will deem a printout of data contained in the ADRE Public Database, or an electronic file of such data that can be recreated electronically or on paper upon request, to be a license certificate.
Effective Date:  February 1, 2007


No.  2006.16  rev.
REPEALED


No.  2005.15
Short Title:  Broker Home Office

Description:  Describes the circumstances when the Department will not require compliance with the signage requirement.
Effective Date:  December 28, 2005


No.  2005.14
Short Title:  Fair Housing Course Substitute

Description:  Requirement for substitution of requisite Continuing Professional Education Fair Housing Course for license renewal.
Effective Date:  August 9, 2005; Revised 11/05/08


No.  2005.13
Short Title:  Agent Responsibility to Client

Description:  Interprets the duties of a licensee set out in revised Commissioners Rules.
Effective Date:  Revised 06/01/2001; Revised & Renumbered 05/28/04; Revised & Renumbered 04/08/05


No.  2005.12
Short Title:  Continuing Education, Residential Resale Purchase Contract

Description:  Interprets the requirement for 'other education or experience' for a real estate instructor to be qualified to teach an class on the 2005 Arizona Association of Realtors® Residential Resale Purchase Contract.
Effective Date:  April 1, 2005


No.  2005.11
Short Title:  Subdivision Disclosure Report (Public Report) Application Form, Changes

Description:  Frequency of changes to the Applications for Subdivision Disclosure Report (Public Report) and provision for comment by stakeholders.
Effective Date:  April 1, 2005


No.  2005.10
Short Title:  Electronic Signatures

Description:  Acceptance of a broker's electronic signature on contracts and agreements.
Effective Date:  November 5, 2004; Renumbered 04/01/05


No.  2005.09  rev.
Short Title:  Non-Commercial Requests to Inspect Records and Fees for Copies

Description:  Availability of Department's records and the estimated time for production.
Effective Date:  June 18, 1999; Revised & Renumbered 05/28/04; Renumbered 04/01/05; Revised 08/21/06


No.  2005.08
Short Title:  Payment of Commission After License Expiration or Transfer of Employment

Description:  Department's position concerning payment of a commission to a licensee after the Licensee has changed employing brokers or the license has expired.
Effective Date:  June 18, 1999; Revised & Renumbered 05/28/04; Renumbered 04/01/05


No.  2005.07
Short Title:  Department Investigation of Cases Involving Civil Litigation

Description:  Investigation of complaints and pursuit of civil remedies.
Effective Date:  June 18, 1999; Revised & Renumbered 05/28/04; Renumbered 04/01/05


No.  2005.06
Short Title:  Electronic Record Keeping

Description:  Conditions under which brokers may keep required records electronically.
Effective Date:  August 15, 2000; Revised & Renumbered 05/28/04; Renumbered 04/01/05


No.  2005.05
Short Title:  Access to Arizona Real Estate Law Book on the World Wide Web

Description:  Unrestricted access to the Arizona Real Estate Law Book on the Department's Web-Site meets the requirement of statute.
Effective Date:  December 6, 1999; Renumbered 05/28/04; Renumbered 04/01/05


No.  2005.04
Short Title:  Unlicensed Assistants

Description:  Clarification of tasks that can be delegated to an unlicensed assistant.
Effective Date:  June 18, 1999; Revised & Renumbered 05/28/04; Renumbered 04/01/05


No.  2005.03
Short Title:  Disclosure of Licensee's Home Address

Description:  Circumstances under which a licensee's home address must be disclosed.
Effective Date:  June 18, 1999; Revised & Renumbered 05/28/04; Renumbered 04/01/05


No.  2005.02
Short Title:  Attendance Requirements for Credit & Enforcement

Description:  Circumstances when a licensee is entitled to credit for a class.
Effective Date:  June 18, 1999; Revised & Renumbered 05/28/04; Renumbered 04/01/05


No.  2005.01
Short Title:  Acceptable Forms of Payment

Description:  Methods of payment accepted by the Department.
Effective Date:  June 18, 1999; Revised & Renumbered 05/28/04; Revised & Renumbered 04/01/05