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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2013

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24 DE Admin. Code 2900
After due notice in the Delaware Register of Regulations and two Delaware newspapers, a public hearing was held on June 13, 2013 at a scheduled meeting of the Delaware Real Estate Commission (“the Commission”) to receive comments regarding proposed amendments to the Commission’s rules and regulations. The Commission proposed an addition to Rule 13.0 to permit licensees to obtain continuing education credit for completion of a broker’s licensing course. In addition, there is a typographical correction to Rule 13.1.
The proposed changes to the rules and regulations were published in the Register of Regulations, Volume 16, Issue 11, on May 1, 2013. Notice of the June 13, 2013 hearing was published in the News Journal (Exhibit 1) and the Delaware State News. Exhibit 2. Pursuant to 29 Del.C. § 10118(a), the date to receive final written comments was June 28, 2013, 15 days following the public hearing. The Commission deliberated on the proposed revisions at its regularly scheduled meeting on July 11, 2013.
Commission Exhibit 1: News Journal Affidavit of Publication.
Commission Exhibit 2: Delaware State News Affidavit of Publication.
Pursuant to 24 Del.C. §2906(a)(1), the Commission has the statutory authority to promulgate rules and regulations. The addition to Rule 13.1 will permit licensees to obtain continuing education credit for completion of a broker’s licensing course which will ensure licensee competence while preventing the undue burden of duplicative education. The Commission concludes that adoption of the rules and regulations as amended advances professional standards and is in the best interest of the public.
The text of the revised rules and regulations remains as published in the Delaware Register of Regulations, Volume 16, Issue 11, on May 1, 2013.
SO ORDERED this 11th day of July, 2013.
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.
1.3 Broker's Responsibilities [24 Del.C. §§2902(a)(2), 2902(a)(11), 2919(d)]
1.3.5 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 his or her Broker's license.
3.5 Applications shall include the applicable fees as described in 24 Del.C. §2907(g) as a financial prerequisite for licensure.
5.2 In addition to meeting the requirements set forth in 29 Del.C. §2909(b), a Salesperson applicant who is seeking licensure pursuant to §2909(b)(1) shall provide a list of at least twenty sale or lease transactions completed by the applicant in a licensed capacity within the 3 years immediately preceding application. Upon approval of the Commission, the twenty transactions may include real estate services performed for an employer, while licensed, during the 3 years immediately preceding application. If the applicant, as a designated agent or team leader, has directly supervised licensees who completed the transactions, then the transactions completed by those supervised licensees may be a part of this list. The list of transactions shall be signed by the Broker(s) who supervised the transactions.
5.3 In addition to meeting the requirements set forth in 29 Del.C. §2909(c), an Associate Broker applicant shall provide a list of at least thirty sale or lease transactions completed by the applicant in a licensed capacity within the 5 years immediately preceding application. Upon approval of the Commission, the thirty transactions may include real estate services performed for an employer, while licensed, during the 5 years immediately preceding application. If the applicant, as a designated agent or team leader, has directly supervised licensees who completed the transactions, then the transactions completed by those supervised licensees may be a part of this list. The list of transactions shall be signed by the Broker(s) who supervised the transactions.
5.4 In addition to meeting the requirements set forth in 29 Del.C. §2909(d), a Broker applicant shall also meet the requirements of Rules 4.3 and 5.3.
6.0 Escrow Accounts [24 Del.C. §2923]
8.2 Buyer Agency Agreements [24 Del.C. §2930(a)]
8.4 Advertising [24 Del.C. §§2906(a)(1), 2912(a)]
8.4.3 A Licensee who violates the advertising rules may be in violation of one or more of the provisions set forth in 24 Del.C. §2912(a) and subject to the disciplinary sanctions set forth in 24 Del.C. §2914.
8.5 Office Permits [24 Del.C. §2919]
9.8 Radon Disclosure [6 Del.C. §2572A]
10.0 Open Houses [24 Del. C. §2901(a)]
13.0 Continuing Education [24 Del.C. §§2909(a)(7), 2910(d)]
13.1 Effective until as of the license renewal period beginning May 1, 2012, Licensees shall meet the following CE requirements:
15.1.42 Theft. 11 Del.C. §841
15.1.98 Profiteering. 11 Del.C. §1212
15.1.140 Drug paraphernalia; felony. 16 Del.C. §4771 (b) and (c) [manufacture and sale, delivery to a minor]
Last Updated: December 31 1969 19:00:00.
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