16 topics · Updated 2026-09-17
A consumer is not vicariously liable for the acts or omissions of a licensee in providing licensed activities for or on behalf of the consumer.
Nothing in Article 15 limits the Department's regulation of licensees under other Articles of the Act and its substantive rules. The Department is authorized to adopt any rules necessary for the implementation and enforcement of Article 15.
The Department must preserve a record of all formal hearing proceedings at its own expense. It has power to subpoena documents and witnesses and take testimony orally or by deposition, with the same fees and manner as civil cases. The Secretary, hearing officer, and Board members may administer oaths.
In actions under Article 15, the court may in its discretion award only actual damages and court costs, or grant injunctive relief. Actions are barred unless commenced within 2 years after the person knew or should have known of the act/omission, and in no event more than 5 years after the act/omission. For minors or persons under legal disability, the limitations period does not begin until the disability is removed.
After a hearing, the Board's report is served on the applicant/licensee. Within 20 days after service, the party may file a written motion for rehearing specifying grounds. If a transcript is ordered and paid for within that time, the 20-day period begins upon delivery of the transcript.
All exclusive brokerage agreements must be in writing and specify that the sponsoring broker, through sponsored licensees, provides at minimum: accepting delivery and presenting offers/counteroffers; assisting in developing, communicating, negotiating, and presenting offers until an agreement is signed and contingencies satisfied/waived; and answering the client's questions about offers, counteroffers, notices, and contingencies.
The Secretary may temporarily suspend a license without a hearing, simultaneously with instituting hearing proceedings, if evidence indicates the public interest, safety, or welfare imperatively requires emergency action. A hearing must commence within 30 days of the suspension.
The Secretary may appoint any Illinois-licensed attorney as hearing officer with full authority to conduct hearings and report findings to the Board. The Board reviews and reports to the Secretary. The Secretary may issue an order contravening the Board's or hearing officer's recommendation. A signed sealed order is prima facie proof of its validity.
After a completed term of suspension, revocation, or probation, the Department may restore a license upon written Board recommendation, unless the Board finds restoration is not in the public interest. The Secretary may order a rehearing if substantial justice was not done.
All final administrative decisions are subject to judicial review under the Administrative Review Law. Review proceedings are commenced in the circuit court where the party resides; nonresidents use Sangamon or Cook County. A plaintiff must file a receipt for the record certification costs or the action may be dismissed.
All fines and penalties collected under Sections 20-20, 20-20.1, and otherwise under the Act are deposited into the Real Estate License Administration Fund and may be transferred to the Real Estate Recovery Fund per Section 25-35.
A person aggrieved by a licensee's (or unlicensed employee's) fraud, misrepresentation, embezzlement, or deceit resulting in loss of actual cash money (not market value losses) may recover from the Fund by post-judgment court order, up to limits set by rule, plus costs and attorney's fees but not interest. The aggrieved person must first obtain a valid judgment.
An action must be started within 2 years of when the aggrieved person knew or should have known of the acts. All responsible licensees/employees must be named as defendants or recovery is barred. Written notice to the Department is required within 30 days of judgment, with 20 days notice of supplementary proceedings. Claimant must not be a spouse of the debtor and must satisfy all requirements at an evidentiary hearing.
If the Department pays from the Fund to satisfy a claim/judgment against a licensee, the license is automatically revoked upon issuance of the post-judgment order. No restoration is heard until full repayment plus interest is made. Bankruptcy does not relieve these obligations. The Department is subrogated to the judgment creditor's rights.
No Department action for a violation may be commenced more than 5 years after the alleged violation occurred, except where an initial license application contained false or misleading information. Recovery Fund provisions do not limit the Department's separate disciplinary authority.
Except as expressly provided in the Act, nothing grants any person a private right of action for damages or to enforce the Act or its rules.
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