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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2017

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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 December 8, 2016 at a scheduled meeting of the Delaware Real Estate Commission ("Commission") to receive comments regarding proposed amendments to the Commission's Rules and Regulations. The Commission proposed revisions to provide that licensees are required to update their addresses with the Division of Professional Regulation, and a licensee's failure to provide an updated address will not excuse that licensee from discipline for continuing education violations. Section 15.0 has been amended to remove crimes not related to the practice of real estate and thereby eliminate unjustified obstacles to licensure. Finally, certain changes were proposed in the interests of clarity.
The proposed changes to the Rules and Regulations were published in the Register of Regulations, Volume 20, Issue 5, on November 1, 2016. Notice of the December 8, 2016 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 December 23, 2016, 15 days following the public hearing. The Commission deliberated on the proposed revisions at its regularly scheduled meeting on January 12, 2017.
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.
IT IS SO ORDERED this 12th day of January, 2017.
DELAWARE REAL ESTATE COMMISSION
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.
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.
1.4.1.2 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.
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)]
8.5 Advertising [24 Del.C. §§2906(a)(1), 2912(a)]
8.5.3 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.
8.5.5.6 A Licensee advertising for sale for an exempted party under 24 Del.C. §2901, where an unlicensed salesperson conducts on-site sales, shall disclose in any advertising that: "On-site unlicensed salespeople represent the seller only."
8.6 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 as of the license renewal period beginning May 1, 2012, Licensees shall meet the following CE requirements:
13.2.3 For persons who have successfully completed either the broker or salesperson pre-licensing course but who have not yet made application:
15.1.1 Aggravated menacing. 11 Del.C. §602(b)
15.1.2 Reckless endangering in the first degree. 11 Del.C. §604
15.1.32 Abuse of a pregnant female in the second degree. 11 Del.C. §605
15.1.43 Abuse of a pregnant female in the first degree. 11 Del.C. §606
15.1.54 Assault in the second degree. 11 Del.C. §612
15.1.65 Assault in the first degree. 11 Del.C. §613.
15.1.116 Murder by abuse or neglect in the second degree; class B felony. 11 Del.C. §633
15.1.127 Murder by abuse or neglect in the first degree; class A felony. 11 Del.C. §634
15.1.138 Murder in the second degree; class A felony. 11 Del.C. §635
15.1.149 Murder in the first degree; class A felony. 11 Del.C. §636
15.1.170 Unlawful sexual contact in the first degree; class F D felony. 11 Del.C. §769
15.1.181 Rape in the fourth degree; class C felony. 11 Del.C. §770
15.1.192 Rape in the third degree; class B felony. 11 Del.C. §771
15.1.2013 Rape in the second degree; class B felony. 11 Del.C. §772
15.1.2114 Rape in the first degree; class A felony. 11 Del.C. §773
15.1.2315 Continuous sexual abuse of a child; class B felony. 11 Del.C. §778
15.1.2416 Dangerous crime against a child; class B felony. 11 Del.C. §779
15.1.217 Kidnapping in the first degree; class B felony. 11 Del.C. §783A
15.1.2918 Arson in the second degree; class D felony. 11 Del.C. §802
15.1.3019 Arson in the first degree; class C felony. 11 Del.C. §803
15.1.3420 Burglary in the second degree; class D felony. 11 Del.C. §825
15.1.3521 Burglary in the first degree; class C felony; class B felony. 11 Del.C. §826
15.1.3823 Robbery in the first degree; class B. 11 Del.C. §832
15.1.3924 Carjacking in the second degree. 11 Del.C. §835
15.1.4025 Carjacking in the first degree; class C felony; class B felony. 11 Del.C. §836
15.1.4226 Theft; class D or B felony. 11 Del.C. §841
15.1.4327 Theft; lost or mislaid property; mistaken delivery. 11 Del.C. §842
15.1.4428 Theft; false pretense. 11 Del.C. §843
15.1.4529 Theft; false promise. 11 Del.C. §844
15.1.4630 Theft of services. 11 Del.C. §845
15.1.4731 Extortion; class E felony. 11 Del.C. §846
15.1.4832 Misapplication of property; class G felony. 11 Del.C. §848
15.1.5033 Receiving stolen property. 11 Del.C. §851
15.1.5134 Theft of rented property; class G felony. 11 Del.C. §849
15.1.5235 Identity theft; class E felony; class D felony. 11 Del.C. §854
15.1.5336 Forgery; class F felony; class G felony. 11 Del.C. §861
15.1.5537 Falsifying business records. 11 Del.C. §871
15.1.5638 Tampering with public records in the first degree; class E felony. 11 Del.C. §876
15.1.5739 Offering a false instrument for filing. 11 Del.C. §877
15.1.5840 Issuing a false certificate; class G felony. 11 Del.C. §878
15.1.5941 Defrauding secured creditors. 11 Del.C. §891
15.1.6042 Fraud in insolvency. 11 Del.C. §892
15.1.6143 Interference with levied-upon property. 11 Del.C. §893
15.1.6244 Issuing a bad check; felony. 11 Del.C. §900
15.1.6345 Unlawful use of credit card; felony. 11 Del.C. §903
15.1.6446 Reencoder and scanning devices. 11 Del.C. §903A
15.1.6547 Deceptive business practices. 11 Del.C. §906
15.1.7048 Securing execution of documents by deception. 11 Del.C. §909
15.1.7149 Debt adjusting. 11 Del.C. §910
15.1.7250 Fraudulent conveyance of public lands; class G felony. 11 Del.C. §911
15.1.7351 Fraudulent receipt of public lands; class G felony. 11 Del.C. §912
15.1.7452 Insurance fraud; class G felony. 11 Del.C. §913
15.1.7653 Home improvement fraud; class G felony. 11 Del.C. §916
15.1.7754 New home construction fraud; class C felony, class F felony, class G felony. 11 Del.C. §917
15.1.855 Dealing in children; class E felony. 11 Del.C. §1100
15.1.856 Endangering the welfare of a child; class E or G felony. 11 Del.C. §1100
15.1.857 Sexual exploitation of a child; class B felony. 11 Del.C. §1108.
15.1.858 Unlawfully dealing in child pornography; class D felony. 11 Del.C. §1109
15.1.859 Possession of child pornography; class F felony. 11 Del.C. §1111
15.1.960 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112
15.1.961 Sexual solicitation of a child; class C felony. 11 Del.C. §1112A
15.1.98 Profiteering. 11 Del.C. §1212
15.1.9962 Perjury in the second degree; class F felony. 11 Del.C. § 1222
15.1.10063 Perjury in the first degree; class D felony. 11 Del.C. §1223
15.1.10164 Making a false written statement. 11 Del.C. §1233
15.1.11865 Hate crimes; class G felony, class F felony, class E felony, class D felony, class C felony, class B felony, class A felony. 11 Del.C. §1304
15.1.12166 Bombs, incendiary devices, Molotov cocktails and explosive devices. 11 Del.C. §1338
15.1.12267 Carrying a concealed deadly weapon. 11 Del.C. §1442
15.1.12368 Possessing a destructive weapon. 11 Del.C. §1444
15.1.12469 Unlawfully dealing with a dangerous weapon; felony. 11 Del.C. §1445
15.1.12570 Possession of a deadly weapon during commission of a felony; class B felony. 11 Del.C. §1447
15.1.12671 Possession of a firearm during commission of a felony; class B felony. 11 Del.C. §1447A
15.1.13072 Removing a firearm from the possession of a law enforcement officer; class C felony. 11 Del.C. §1458
15.1.13173 Organized Crime and Racketeering, Class B Felony. 11 Del.C. §1504
15.1.1374 Abuse of patient or resident in nursing home; Class D felony; Class G felony; Class A felony. 16 Del.C. §1136(a)
15.1.1375 Financial exploitation of residents or patients; felony. 16 Del.C. §1136(b)
15.1.1376 Drug dealing - aggravated possession; class B felony. 16 Del.C. §4752
15.1.1377 Drug dealing - aggravated possession; class C felony. 16 Del.C. §4753
15.1.1378 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3,4-methylenedioxymethamphetamine (MDMA). 16 Del.C. §4753A
15.1.1379 Any offense under the Uniform Controlled Substances Act, Title 16 of the Delaware Code, in violation of the aggravating factors in 16 Del.C. §4751A
15.1.140 Drug paraphernalia; felony. 16 Del.C. §4771 (b) and (c) [manufacture and sale, delivery to a minor]
15.1.14180 Third or more conviction for driving a vehicle while under the influence or with a prohibited alcohol or drug content; felony. 21 Del.C. §4177(a); 21 Del.C. §4177(d)(3)-(7)
15.1.14281 Attempt to evade or defeat tax. 30 Del.C. §571
15.1.14382 Failure to collect or pay over tax. 30 Del.C. §572
15.1.14483 Failure to file return, supply information or pay tax. 30 Del.C. §573
15.1.14584 Fraud and false statements. 30 Del.C. §574
15.1.15185 Violations of the Securities Act. 6 Del.C. §7322 Ch. 73
15.1.15486 Financial exploitation of infirm adult; felony. 31 Del.C. §3913
15.1.15587 Prohibited trade practices against infirm or elderly. 6 Del.C. §2581
15.1.15688 Prohibition of intimidation [under the Fair Housing Act]; felony. 6 Del.C. 9
15.1.15789 Knowing or reckless abuse of an infirm adult; Class D felony; Class E felony; Class G felony; Class A felony. 31 Del.C. §3913
Last Updated: December 31 1969 19:00:00.
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