24 Del. Admin. Code § 2900-1.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 2900-1.0 - Introduction

1.1 Authority [24 Del.C. § 2906(a)(1)]

1.1.1 Pursuant to 24 Del.C. § 2906(a)(1), the Delaware Real Estate Commission is authorized and empowered and hereby adopts these Rules and Regulations.

1.1.2 Pursuant to the Administrative Procedure Act, 29 Del.C. Ch. 101, the Commission reserves the right to make any amendments, modifications or additions to the Rules and Regulations that, in its discretion, are necessary or desirable.

1.1.3 The Commission reserves the right to grant exceptions to the requirements of the Rules and Regulations upon a showing of good cause by the party requesting such exception, provided such exception is not inconsistent with the requirements of 24 Del.C. Ch. 29.

1.1.4 The Commission's Rules and Regulations are available on the Division of Professional Regulation's website, www.dpr.delaware.gov.

1.2 Applicability

1.2.1 The Commission's Rules and Regulations are applicable to all current Licensees and to all applicants for licensure.

1.3 Broker's Responsibilities [24 Del.C. §§ 2902(a)(2), 2902(a)(11), 2919(d)]

1.3.1 It is the responsibility of the employing Broker to ensure that the Broker's Licensees comply with the Commission's Rules and Regulations. Every Broker is responsible for making certain that all of the Broker's Salespersons and Associate Brokers are currently licensed, make timely application for license renewal, and meet the Commission's continuing education requirements. The Broker shall co-sign continuing education logs and shall maintain copies of continuing education certificates for the Broker's Salespersons and Associate Brokers for at least three years after the conclusion of each renewal period.

1.3.2 A Broker's failure to satisfy the requirements set forth in subsection 1.3.1 may result in disciplinary action and possible disciplinary sanctions pursuant to 24 Del.C. § 2914.

1.3.3 Each office location shall be under the direction of a Broker, who shall provide complete and adequate supervision of that office. A Broker shall apply for and obtain a license in the Broker's name for each office and for each branch office. An application for an additional license shall state the location of the branch office and the name of the Designated On-Site Supervisor, who shall be a Delaware Licensee and who shall be in charge of managing the branch office on a full time basis. Pursuant to 29 Del.C. § 2919 (d), the Designated On-Site Supervisor shall be a Licensee with a minimum of five (5) years of continuous Real Estate Services experience, which shall be documented on the office application.

1.3.4 Where an unforeseen event, such as a resignation or termination from employment, death, emergency, illness, call to military service or training, or a sanction imposed by the Commission, causes or necessitates the removal of the sole licensed Broker in an office, a request shall be submitted to the Division of Professional Regulation for substitution of another Broker for said office on a temporary basis.

1.3.5 The employment of a Designated On-Site Supervisor, sales manager, administrative manager, trainer, or other similar administrator shall not relieve the Broker of the responsibilities contained and defined in these Rules and Regulations.

1.3.6 The failure of any Licensee to comply with the provisions of 24 Del.C. Ch. 29 and the Commission's Rules and Regulations may also result in disciplinary action against the Broker's license.

1.4 Exemptions [24 Del.C. § 2901(e)(4)]

1.4.1 Pursuant 24 Del.C. § 2901(e)(4), Auctioneers are exempt from the Commission's licensing law, as the term "Auctioneer" is defined in 30 Del.C. § 2301(a)(3): "every person engaged in the business of crying sales of real or personal property on behalf of others for profit."

1.4.1.1 For the purpose of the Auctioneer exemption set forth in 24 Del.C. § 2901(e)(4), the "business of crying sales of real or personal property" shall mean the public event or sale occurring on an advertised date, when an auctioneer engages in the act of crying or calling for, the recognition of, and the acceptance of bids where the sale price of the property offered is determined by the increasing of competitive bids until the highest accepted bidder becomes the purchaser. The exemption shall only apply to the day of the auction.

1.4.1.1.1 Subsection 1.4.1.1 does not prohibit an Auctioneer from advertising the auction prior to the date of the event.

1.4.1.2 Notwithstanding the Auctioneer exemption set forth in 24 Del.C. § 2901(e)(4), a Licensee acting or providing service under this exemption, may be subject to discipline for violation of 24 Del.C. § 2912.

1.4.1.3 In the event the property is sold by the broker, either before or after the auction date, the Auctioneer may be paid compensation from the sale of the property according to the terms of the written cooperation agreement, where an Auctioneer is actively engaged by written agreement with an owner of real property to sell real property at auction.

1.5 Duty to update address. Licensees must provide the Division of Professional Regulation with any change of address from that registered with the Division. Any change in address must be reported to the Division within thirty days of such change. All notifications and correspondence pertaining to a Licensee's license that are sent through the mail will be sent only to the most recent address provided by the Licensee. The failure to provide the Division with a current address will not operate to excuse any duty or responsibility of the Licensee and confirmed delivery to the most recent address provided by the Licensee will be considered proper notice.

24 Del. Admin. Code § 2900-1.0

15 DE Reg. 1185 (02/01/12)
18 DE Reg. 789 (4/1/2015)
20 DE Reg. 653 (2/1/2017)
24 DE Reg. 493 (11/1/2020) (Final)