PLEASE NOTE: Administrative Codes formerly under the Department of Regulation and Licensing (RL) and the Department of Commerce (COMM) will now all use the SPS designation for the Department of Safety and Professional Services. For the former RL codes, the letters will change, but the numbers will remain the same. For example, RL 2 will become SPS 2
Real Estate Examining Board - Code Book
Chapter 15 – Structure of the Executive Branch
Subchapter 1 – General Provisions
15.001 Declaration of policy.
15.01 Definitions.
15.02 Offices, departments and independent agencies.
15.03 Attachment for limited purposes.
15.04 Heads of departments and independent agencies; powers and duties.
15.05 Secretaries.
15.06 Commissions and commissioners.
15.07 Boards.
15.08 Examining boards and councils.
15.085 Affiliated credentialing boards.
15.09 Councils.
15.40 Department of safety and professional services; creation.
15.405 Same; attached boards and examining boards.
15.406 Same; attached affiliated credentialing boards.
15.407 Same; councils.
Chapter 23 - Conservation - Wetlands Mapping
23.32 Wetlands mapping.
Chapter 66 - General Municipality Law - Impact Fees; Local Equal Opportunities
Subchapter VI - Finance; Revenues
66.0617 Impact fees.
Subchapter X - Planning, Housing and Transportation
66.1011 Local equal opportunities.
Chapter 70 - General Property Taxes - Mobile Homes; Assessment Roll; Time-Share Property
70.043 Mobile homes and manufactured homes.
70.095 Assessment roll; time-share property.
Chapter 74 - Property Tax Collection
Subchapter III - Payment of Taxes
74.15 Payment of real property taxes by grantor and grantee.
Subchapter VI - Return and Collection of Delinquent Taxes
74.47 Interest and penalty on delinquent amounts.
Chapter 77 - Taxation Of Forest Croplands; Real Estate Transfer Fees; Sales And Use Taxes; County And Special District Sales And Use Taxes; Managed Forest Land; Recycling Surcharge; Local Food And Beverage Tax; Local Rental Car Tax; Premier Resort Area Taxes; State Rental Vehicle Fee; Dry Cleaning Fees
Subchapter II - Real Estate Transfer Fee
77.21 Definitions.
77.22 Imposition of real estate transfer fee.
77.23 Disposition of fees and returns.
77.24 Division of fee.
77.25 Exemptions from fee.
77.255 Exemptions from return.
77.26 Powers of investigation, additional fees, refunds, penalties.
77.265 Confidentiality.
77.27 Penalty for falsifying value.
77.29 Fee for recording.
77.30 Rules.
Subchapter III - General Sales and Use Tax
77.52 Imposition of retail sales tax.
Chapter 87 - Flood Control - Floodplain Zoning
87.30 Floodplain zoning.
Chapter 91 - Farmland Preservation
Subchapter I - General Provisions
91.01 Definitions
91.03 Interdepartmental Cooperation
Subchapter II - Farmland Preservation Agreements
91.11 Eligibility.
91.13 Farmland preservation agreements.
91.14 Transition area agreements.
91.15 Exemption from special assessments.
91.17 Change of ownership.
91.19 Relinquishment of agreements.
91.21 Penalty for use change.
91.23 Conversion.
Chapter 100 - Marketing; Trade Practices
100.18 Fraudulent representations.
Chapter 106 - Apprentice, Employment and Equal Rights Programs
Subchapter II - Equal Rights Programs
106.50 Open housing.
Chapter 224 - Miscellaneous Banking and Financial Institutions Provisions
Subchapter III - Mortgage Bankers, Loan Originators and Mortgage Brokers
224.71 Definitions.
Chapter 236 - Platting Lands and Recording and Vacating Plats
Subchapter I - Preliminary Provisions
236.01 Purpose of chapter.
236.015 Applicability of chapter.
236.02 Definitions.
236.03 Survey and plat; when required.
Subchapter VI - Penalties and Remedies
236.31 Penalties and remedies for transfer of lots without recorded plat.
236.32 Penalty for disturbing or not placing monuments.
236.33 Division of land into small parcels in cities of the first class prohibited; penalty.
236.335 Prohibited subdividing; forfeit.
Chapter 240 - Fraudulent Conveyances and Contracts Relating to Real Estate
240.01 Conveyances, when void.
240.02 Conveyances not fraudulent, when.
240.03 Conveyances with power of revocation, void.
240.04 Such conveyances valid, when.
240.05 Same subject.
240.10 Real estate agency contracts.
Chapter 254 - Environmental Health
Subchapter I - General Provisions
254.01 Definitions.
254.015 Departmental power; designation.
254.02 Health risk assessments.
Subchapter II - Toxic Substances
254.11 Definitions.
254.115 Denial, nonrenewal and revocation of certification and permit based on tax delinquency.
254.12 Use or sale of lead-bearing paints.
254.13 Reporting requirements.
254.15 Departmental duties.
254.151 Lead poisoning or lead exposure prevention grants.
254.152 Delegation to local health departments.
254.154 Local authority.
254.156 Definition of lead-bearing paint and lead poisoning or lead exposure.
254.158 Screening recommendations.
254.162 Screening requirements.
254.164 Care for children with lead poisoning or lead exposure.
254.166 Response to reports of lead poisoning or lead exposure.
254.167 Conduct of lead investigation.
254.168 Lead investigations of facilities serving children under 6 years of age.
254.172 Prevention and control of lead-bearing paint hazards in dwellings and premises.
254.174 Technical advisory committees.
254.176 Certification requirements.
Chapter 440 - Department of Safety & Professional Services
Subchapter I - General Provisions
440.01 Definitions.
440.02 Bonds.
440.03 General duties and powers of the department.
440.032 Sign language interpreting.
440.035 General duties of examining boards and affiliated credentialing boards.
440.04 Duties of the secretary.
440.042 Advisory committees.
440.045 Disputes.
440.05 Standard fees.
440.055 Credit card payments.
440.06 Refunds and reexaminations.
440.07 Examination standards and services.
440.08 Credential renewal.
440.11 Change of name or address.
440.12 Credential denial, nonrenewal and revocation based on tax delinquency.
440.121 Credential denial, nonrenewal, and revocation based on incompetency.
440.13 Delinquency in support payments; failure to comply with subpoena or warrant.
440.14 Nondisclosure of certain personal information.
440.20 Disciplinary proceedings.
440.205 Administrative warnings.
440.21 Enforcement of laws requiring credential.
440.22 Assessment of costs.
440.23 Cancellation of credential; reinstatement.
440.25 Judicial review.
Chapter 452 – Real Estate Practice
452.01 Definitions.
452.025 Time-share salespersons.
452.03 Brokers and salespersons licensed.
452.05 Duties and powers of board.
452.06 Councils and committees.
452.07 Rules.
452.08 Board receipt of proposed legislation.
452.09 Application for license, contents.
452.10 Applications, verification, fees, exceptions.
452.11 Nonresident applicants and licensees.
452.12 Licenses.
452.13 Trust accounts.
452.133 Duties of brokers.
452.134 Agency relationships; multiple representation relationships.
452.135 Disclosure of duties.
452.138 Brokers providing services in more than one transaction.
452.139 Changes in common law duties and liabilities of brokers and parties.
452.14 Investigation and discipline of licensees.
452.15 Ineligibility.
452.17 Penalties.
452.18 Court review.
452.19 Fee-splitting.
452.20 Limitation on actions for commissions.
452.21 Compensation presumed.
452.22 Certifications as evidence.
452.23 Disclosures, investigations and inspections by brokers and salespersons.
452.24 Disclosure duty; immunity for providing notice about the sex offender registry.
Chapter 703 - Condominiums
703.01 Condominium ownership act.
703.02 Definitions.
703.03 Application of chapter.
703.04 Status of the units.
703.05 Ownership of units.
703.06 Alterations prohibited.
703.07 Establishment of condominium.
703.08 Notice prior to conversion of residential property to condominium.
703.09 Declaration.
703.093 Alternative procedure for amending declaration.
703.095 Modification and correction of recorded condominium instruments, amendments and addenda.
703.10 Bylaws.
703.105 Display of the United States flag and political signs.
703.11 Condominium plat.
703.115 Local review of condominium instruments.
703.12 Description of units.
703.13 Percentage interests.
703.14 Use of common elements.
703.15 Association of unit owners.
703.155 Master associations.
703.16 Common expenses and common surpluses.
703.161 Annual budget.
703.163 Statutory reserve account.
703.165 Lien for unpaid common expenses, unpaid damages, and unpaid penalties.
703.17 Insurance.
703.18 Repair or reconstruction.
703.19 Eminent domain.
703.195 Acquisition of common elements by condemnors.
703.20 Books of receipts and expenditures.
703.21 Separate taxation.
703.22 Mechanics' and suppliers' liens.
703.23 Resident agent; exemption of unit owners from liability.
703.24 Remedies for violations by unit owner or tenant of a unit owner.
703.25 Tort and contract liability.
703.26 Expanding condominiums.
703.265 Addendum to plat to reflect changes in building codes or zoning ordinances.
703.27 Zoning and building regulations.
703.275 Merger or consolidation of condominiums.
703.28 Removal from provisions of this chapter.
703.29 Removal no bar to subsequent resubmission.
703.30 Rules of construction.
703.31 Personal application.
703.315 Lease or rental agreements for residential units.
703.32 Easements and encroachments.
703.33 Disclosure requirements.
703.34 Blanket mortgages and other blanket liens affecting a unit at time of first conveyance.
703.35 Termination of contracts and leases.
703.36 Provisions requiring employment of declarant or vendor to effect sale.
703.365 Small condominiums.
703.37 Interpretation.
703.38 Applicability to existing condominiums.
Chapter 704 - Landlord and Tenant
704.01 Definitions.
704.03 Requirement of writing for rental agreements and termination.
704.05 Rights and duties of landlord and tenant in absence of written agreement to contrary.
704.06 Water heater thermostat settings.
704.07 Repairs; untenantability.
704.09 Transferability; effect of assignment or transfer; remedies.
704.11 Lien of landlord.
704.13 Acts of tenant not to affect rights of landlord.
704.15 Requirement that landlord notify tenant of automatic renewal clause.
704.16 Termination of tenancy for imminent threat of serious physical harm; changing locks.
704.165 Termination of tenancy at death of tenant.
704.17 Notice terminating tenancies for failure to pay rent or other breach by tenant.
704.19 Notice necessary to terminate periodic tenancies and tenancies at will.
704.21 Manner of giving notice.
704.22 Service of process in residential tenancy on nonresident party.
704.23 Removal of tenant on termination of tenancy.
704.25 Effect of holding over after expiration of lease; removal of tenant.
704.27 Damages for failure of tenant to vacate at end of lease or after notice.
704.29 Recovery of rent and damages by landlord; mitigation.
704.31 Remedy on default in long terms; improvements.
704.40 Remedies available when tenancy dependent upon life of another terminates.
704.44 Rental agreement that restricts access to certain services is void.
704.45 Retaliatory conduct in residential tenancies prohibited.
704.50 Disclosure duty; immunity for providing notice about the sex offender registry.
704.90 Self-service storage facilities.
Chapter 706 - Conveyances of Real Property; Recording; Titles
706.001 Scope and construction.
706.01 Definitions.
706.02 Formal requisites.
706.03 Agents, officers and guardians.
706.04 Equitable relief.
706.05 Formal requisites for record.
706.055 Conveyances of mineral rights.
706.057 Lapse and reversion of interests in minerals.
706.06 Authentication.
706.07 Uniform law on notarial acts.
706.08 Nonrecording, effect.
706.085 Correction instruments.
706.09 Notice of conveyance from the record.
706.095 Interspousal remedies.
706.10 Forms, construction.
706.105 Applicability of general transfers at death provisions.
706.11 Priority of certain mortgages, trust funds.
706.12 Uniform vendor and purchaser risk act.
706.13 Slander of title.
706.14 Transitional and curative provisions.
706.15 Liens against public officials or employees.
706.20 Disclosure duty; immunity for providing notice about the sex offender registry.
706.25 Uniform real property electronic recording act.
Chapter 707 - Time-Share Ownership
Subchapter I - General Provisions
707.02 Definitions.
707.03 Status of time-share estates.
707.05 Variation by agreement.
Subchapter IV - Protection of Purchasers
707.40 Applicability; exemptions.
707.47 Purchaser's right to cancel.
707.49 Deposits; escrow requirement.
Chapter 709 - Disclosures by Owners of Residential Real Estate
709.001 Definitions.
709.01 Requirements for transfer.
709.02 Disclosure.
709.03 Residential real estate condition report form.
709.033 Vacant land disclosure report form.
709.035 Amendments to report.
709.04 Indication of compliance.
709.05 Right to rescind.
709.06 Good faith.
709.07 Liability precluded.
709.08 Waiver.
Chapter 710 - Miscellaneous Property Provisions
710.01 Aliens may acquire lands.
710.02 Limitation on nonresident aliens and corporations.
Chapter 766 - Property Rights of Married Persons; Marital Property
766.31 Classification of property of spouses.
766.51 Management and control of property of spouses.
766.60 Optional forms of holding property; survivorship ownership.
766.605 Classification of homestead.
766.63 Mixed property.
Chapter 788 - Arbitration
788.015 Agreement to arbitrate real estate transaction disputes.
Chapter 799 - Procedure in Small Claims Actions
799.01 Applicability of chapter.
Excerpts for the Rules of the Department of Safety & Professional Services (Formerly the Department of Regulation & Licensing)
PLEASE NOTE: Former RL codes now begin with SPS
Chapter REEB 11 - AUTHORITY AND DEFINITIONS
REEB 11.01 Authority.
REEB 11.02 Definitions.
Chapter REEB 12 - APPLICATIONS
REEB 12.005 Authority.
REEB 12.01 Applications.
REEB 12.015 Application requirements.
REEB 12.02 Examinations.
REEB 12.025 Review of examinations and examination results.
REEB 12.026 Cheating on examination.
REEB 12.03 Time for completing licensure requirements.
REEB 12.04 Renewal after license expiration.
Chapter REEB 15 - BROKER'S OBLIGATION TO FURNISH COPIES AND MAINTAIN RECORDS
REEB 15.01 Authority.
REEB 15.02 Copies of documents.
REEB 15.03 Copies of closing statements.
REEB 15.04 Retention of records.
Chapter REEB 16 – APPROVED FORMS AND LEGAL ADVICE
REEB 16.01 Authority.
REEB 16.02 Definitions.
REEB 16.03 Approved forms.
REEB 16.04 When to utilize approved forms.
REEB 16.05 Legal advice and practice of law.
REEB 16.06 How to use approved forms.
REEB 16.07 Violation of this chapter.
Chapter REEB 17 - LICENSURE AND SUPERVISION OF EMPLOYEES
REEB 17.01 Authority.
REEB 17.02 Definitions.
REEB 17.025 Applicability.
REEB 17.03 Limitations on employees of a broker.
REEB 17.04 Notice of employment.
REEB 17.05 Transfer of employment.
REEB 17.06 Termination of employment.
REEB 17.07 Broker-employer's duty to check licensure of employees.
REEB 17.08 Supervision of employees.
REEB 17.12 Unlicensed personal assistants.
Chapter REEB 18 - TRUST ACCOUNTS
REEB 18.01 Authorization.
REEB 18.02 Definitions.
REEB 18.031 Deposits and types of accounts.
REEB 18.032 Number of real estate trust accounts.
REEB 18.033 Time when real estate trust account shall be opened or may be closed.
REEB 18.034 Account designation.
REEB 18.035 Duty to notify the department.
REEB 18.036 Authorization to examine real estate trust accounts and records.
REEB 18.037 Form for notification and authorization.
REEB 18.04 Authorization to sign trust account checks.
REEB 18.05 Receipt for earnest money received by the broker.
REEB 18.06 Escrow agreement for earnest money not held by the broker.
REEB 18.07 After closing escrow agreements.
REEB 18.08 Real estate trust funds and cooperating brokers.
REEB 18.09 Disbursement of trust funds.
REEB 18.10 Commingling prohibited.
REEB 18.11 Non-depositable items.
REEB 18.12 Branch office trust account.
REEB 18.13 Bookkeeping system.
REEB 18.14 Violation of rules.
Chapter REEB 22 - APPRENTICES
REEB 22.005 Authority.
REEB 22.01 Apprentices.
Chapter REEB 23 - CHANGE OF NAME OR ADDRESS ON LICENSE, TRADE NAME oR FORM OF ORGANIZATION
REEB 23.01 Authority.
REEB 23.02 Change of name or address.
REEB 23.03 Trade name.
REEB 23.04 Change of form of business organization.
Chapter REEB 24 - CONDUCT AND ETHICAL PRACTICES FOR REAL ESTATE LICENSEES
REEB 24.01 Authority and intent.
REEB 24.02 Definitions.
REEB 24.025 Agency.
REEB 24.03 Competent services.
REEB 24.04 Advertising.
REEB 24.05 Self-dealing.
REEB 24.06 Unauthorized practice of law.
REEB 24.07 Inspection and disclosure duties.
REEB 24.075 Tie-in arrangements.
REEB 24.08 Agreements to be in writing.
REEB 24.085 False portrayal of interest, prohibited.
REEB 24.09 Securing agency agreements.
REEB 24.10 Net listing prohibited.
REEB 24.12 Confidentiality of offers.
REEB 24.13 Drafting and submission of offers.
REEB 24.15 Adequate funds required.
REEB 24.16 Availability of rules.
REEB 24.17 Miscellaneous requirements.
Chapter REEB 25 - EDUCATION
REEB 25.005 Authority.
REEB 25.01 Definitions.
REEB 25.02 Educational requirements of applicant for an original real estate broker's license.
REEB 25.025 Satisfaction of broker's educational requirements by out-of-state applicants.
REEB 25.03 Educational requirements of applicant for an original real estate salesperson's license.
REEB 25.035 Satisfaction of salesperson's educational requirements by out-of-state applicants.
REEB 25.05 Requirements for approval of pre-license education courses taken for academic credit at an accredited institution of higher education.
REEB 25.06 Requirements for approval of pre-license noncredit programs and instructors.
REEB 25.065 Continuing education requirements for brokers and salespersons.
REEB 25.066 Requirements for approval of continuing education schools, courses and instructors.
REEB 25.07 Certification of attendance at pre-license and continuing education programs and courses.
REEB 25.075 Continuing education examination conducted by the department.
REEB 25.08 Investigation and review.
Chapter REEB 26 - INACTIVE LICENSES
REEB 26.01 Authority.
REEB 26.02 Inactive licensees prohibited to practice real estate.
REEB 26.03 Reinstatement of active license.
Excerpts for the Rules of the Department of Safety & Professional Services (Formerly the Department of Regulation & Licensing)
PLEASE NOTE: Former RL codes now begin with SPS
Chapter SPS 1 - Procedures to Review Denial of an Application
Chapter SPS 1 Appendix I - Notice of Intent to Deny
Chapter SPS 1 Appendix II - Notice of Denial
Chapter SPS 2 - Procedures for Pleadings and Hearings
Chapter SPS 2 Appendix - Notice of Hearing
Chapter SPS 3 - Administrative Injunctions
Chapter SPS 3 Appendix I - Notice of Hearing
Chapter SPS 4 - Department Application Procedures and Application Fee Policies
Chapter SPS 6 - Summary Suspensions
Chapter SPS 7 - Professional Assistance Procedure
Chapter SPS 8 - Administrative Warnings
Chapter SPS 8 Appendix I - Administrative Warning
Chapter SPS 9 - Denial of Renewal Application Because Applicant is Liable for Delinquent Taxes
Chapter SPS 1
PROCEDURES TO REVIEW DENIAL OF AN APPLICATION
SPS 1.01 Authority and scope.
SPS 1.04 Examination failure: retake and hearing, consequences of cheating on an examination or breach of examination security.
SPS 1.05 Notice of intent to deny, notice of denial and notice of cheating on an examination or breach of examination security.
SPS 1.06 Parties to a denial review proceeding.
SPS 1.07 Request for hearing.
SPS 1.09 Conduct of hearing.
SPS 1.11 Failure to appear.
SPS 1.12 Withdrawal of request.
SPS 1.13 Transcription fees.
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