Laws, Rules, Policy Statements and Advisories

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.  2013.01
  Short Title:  Multifamily Housing Records Retention
  Description:  This substantive policy statement is intended to clarify the Department’s standards for multifamily housing records retention at an off-site storage location pursuant to A.R.S. §§ 32-2102, 32-2151, 32-2175.
  Effective Date:  March 28, 2013
• No.  2012.01
  Short Title:  Broker Management Clinic Course/Instructor Requirements
  Description:  This substantive policy statement is intended to inform the regulated real estate education industry and licensees of the Department’s guidelines for the new Broker Management Clinic by clarifying course and instructor qualifications and the real estate broker licensing and renewal requirements.
  Effective Date:  August 1, 2012
• No.  2010.03
  Short Title:  Real Estate School Audit Declaration
  Description:  This SPS is intended to inform the regulated real estate education industry of the Department’s current enforcement approach to and opinion of the requirements of education statutes and rules under the Department’s original jurisdiction, by establishing a biennial reporting requirement by schools, to assist the Department in the regulation of real estate schools.
  Effective Date:  November 1, 2010
• No.  2010.02
  Short Title:  Distance Learning Guidelines
  Description:  This SPS is intended to inform the regulated real estate education industry of the Department’s current approach to and opinion of the requirements of education statutes and rules under the Department’s original jurisdiction, by establishing sensible distance learning standards, guidelines and parameters.
  Effective Date:  November 1, 2010 for original course approval applications
  Effective Date:  Revised November 2, 2010
• No.  2010.01
  Short Title:  Guidance for using Electronic Real Estate Transaction Management and/or Document Storage Programs
  Description:  This advisory provides guidance and outlines the responsibilities of brokers who are using or intend to use any electronic record program, and who have signed or intend to sign the Department’s User Agreement, which provides the Department access to their electronic storage systems.
  Effective Date:  March 8, 2010
• 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
  REPEALED effective 01/27/2011
• 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
  REPEALED effective 03/03/2011
• 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
  REPEALED effective 01/27/2011
• 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 and 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