BROKER MANAGEMENT CLINIC #3 – Supervision
Course Description
Title: Broker Management Clinic #3 – Supervision
3 Hour Credits Commissioner’s Standards
Overview:
This comprehensive course, designed for renewing Designated Brokers, renewing Delegated Associate Brokers, and original broker applicants, focuses on the critical aspects of broker supervision within the realm of real estate. With a strong emphasis on risk management and the implementation of effective and prudent supervisory measures, this clinic is pivotal for those aiming to enhance their management capabilities and ensure compliance with regulatory standards.
Target Audience:
- Renewing Designated Brokers
- Renewing Delegated Associate Brokers with authority to act on the Designated Broker’s behalf
- Original broker applicants before license activation
Exemptions:
- Designated Brokers in temporary absence scenarios
- Salespersons or associate brokers acting as branch managers, excluding Delegated Associate Brokers under delegation authority
- Temporary brokers for business wind-up of a deceased designated broker
Course Objectives:
Upon completion, participants will gain insights into:
- Effective supervision and management of licensees
- Strategic delegation of authority
- Compliance with regulations governing unlicensed activities
- Best practices in care concepts
- Ethical marketing and advertising strategies
- Diligent record keeping
- Navigating Errors & Omissions insurance
Course Content:
Section 1: Supervision, Delegation, and Compliance
- Broker Supervision and Control: Understanding ARS 32-2151.02 and managing real estate employment agreements.
- Delegation of Authority: A deep dive into ARS 32-2153, focusing on the grounds for license denial, suspension, or revocation.
- Legal Framework: Examining the statutes and rules relevant to broker supervision.
Section 2: Licensing Renewal and Unlicensed Activities
- Renewal of Licenses: Procedures and requirements as per ARS 32-2130 and related statutes.
- Unlicensed Activity: Identifying and managing unlicensed practices, emphasizing legal guidelines.
Section 3: Standard of Care and Legal Implications
- Standard of Care: Exploring the essentials of professional practice and legal accountability.
- Anatomy of a Lawsuit: Understanding the legal and investigative processes involved in standard of care violations.
Section 4: Errors & Omissions Insurance
- E&O Insurance Overview: Importance, benefits, and key components of Errors & Omissions insurance.
- Risk Management: High-risk areas in real estate and standards of conduct by E&O carriers.
Section 5: Marketing and Advertising
- Ethical Advertising: Rules and guidelines for brokerage disclosure, social media, and online advertising.
- Compliance: Ensuring all marketing efforts are in line with legal standards and best practices.
Section 6: Broker Supervision in Risk Management
- Agent Responsibilities: Detailing the duties of agents to customers and clients, including honesty, disclosure, and loyalty.
- Agency Disclosure Process: Proper documentation and due diligence in the agency disclosure and compensation process.
Course Deliverables:
- True/False section reviews to reinforce learning
- Comprehensive exams at the end of each section to assess understanding
- Certificate of Completion meeting the 3-hour credit requirement for Commissioner’s Standards
Who Should Enroll:
This clinic is essential for current and aspiring brokers seeking to refine their supervisory skills, ensure compliance with Arizona real estate regulations, and effectively manage risk within their brokerage operations. Whether you’re renewing your broker’s license or aiming to activate an original broker license, this course provides the knowledge and tools needed for proficient brokerage management.
Lessons
Orientation of Online CE Class-BROKER MANAGEMENT CLINIC #3 – Supervision
1-SUPERVISION, DELEGATION & LOSS OF LICENSE – BMC #3 – Supervision
Warning Please Read: You must complete the fill-in-the-blanks & any wheel of fortune Game in order to start the quiz below. The timer is required to run out before…
2-Delegation of Authority: ARS 32-2153 – BMC #3 – Supervision
ARS 32-2153 (A)(21) 32-2153. Grounds for denial, suspension or revocation of licenses; letters of concern; provisional license; retention of jurisdiction by commissioner; definitions A. The commissioner may suspend or revoke…
3-Grounds for Denial, Suspension & Revocation – BMC #3 – Supervision
Grounds for Denial, Suspension & Revocation of License: 32-2153. Grounds for denial, suspension or revocation of licenses; letters of concern; provisional license; retention of jurisdiction by commissioner; definitions A. The…
4-Office Policy Manual – BMC #3 – Supervision
Returning again to Arizona Administrative Code, R4-28-1103, Broker Supervision and Control A. An employing broker and a designated broker shall exercise reasonable supervision and control over the activities of brokers,…
5-Legal Question and Answers Part 1 – BMC #3 – Supervision
A Brokerage Firm May Not Pay A Referral Fee To A Moving Company ISSUE: A broker was approached by a moving company. The moving company has an employee that is…
6-Section 1 Exam – BMC #3 – Supervision
You will need to wait for the timer to run out before you can submit the Exam.
7-Renewal of Licenses & Unlicensed Activity – BMC #3 – Supervision
Renewal of Licenses: The Arizona Department of Real Estate has very specific requirements for maintaining and renewing your real estate license. The Designated Broker is required to understand the statutes…
8-Unlicensed Activity – BMC #3 – Supervision
Unlicensed Activity: In addition to ARS 32-2130, Arizona Administrative Code addresses unlicensed activity and renewal requirements in R4-28-306, as follows: R4-28-306. Unlawful License Activity A. Unlawful license activity is: 1. The…
9-A.R.S. §32-2155: BMC #3 – Supervision
ARS 32-2155. Restriction on employment or compensation of person as broker or salesperson A. A broker shall employ and pay only active licensees, and a licensee shall accept employment and compensation…
10-Legal Question and Answers Part 2 – BMC #3 – Supervision
ISSUE: The buyer wants to take possession of the property before the close of escrow. The seller, who does not occupy the premises, has no objection to this pre-possession. May…
11-Section 2 Exam -BMC #3 – Supervision
You will need to wait for the timer to run out before you can submit the Exam.
12-STANDARD OF CARE & ANATOMY OF A LAWSUIT – BMC #3 – Supervision
The Standard of Care: In developing standards of care, it is important to discuss how standards of care evolve and how they transition based on the influences in the real…
13-Standard of Care Specifics – BMC #3 – Supervision
Failing to Meet the Standard of Care: A failure to meet the standard of care could be the basis for negligence which is regarded as the opposite of diligence, the…
14-Legal Question and Answers Part 3 – BMC #3 – Supervision
Broker Generally Not Responsible for Agent Selling Own Property ISSUE: The broker’s agent owns twenty lots in northern Arizona, which the broker’s agent is subdividing and selling. The broker’s agent…
15-Section 3 Exam – BMC #3 – Supervision
You will need to wait for the timer to run out before you can submit the Exam.
16-ERRORS & OMISSIONS INSURANCE – BMC #3 – Supervision
Purpose & Benefits of E & O insurance: The Broker’s Policy Manual is required as per Commissioner’s Rule R4-28-1103. This, of course, sufficiently establishes the necessity of having a Broker…
17-Standards of Care & Conduct by E & O Carriers – BMC #3 – Supervision
Evaluations of Standards of Care & Conduct by E & O Carriers: E & O insurance carriers will often evaluate a brokerage in relation to their compliance to standards for…
18-ERRORS & OMISSIONS POLICY COMPONENTS – BMC #3 – Supervision
ERRORS & OMISSIONS POLICY COMPONENTS: A typical E & O policy begins by stating the coverage that is being provided by the insurer. In this provision, the insurer asserts that…
19-High Risk Areas of Real Estate – BMC #3 – Supervision
High-Risk Areas of Real Estate Professional Practice Some areas that brokers will need to be aware that may involve extra steps and input from the E & O provider may…
20-Legal Question and Answers Part 4 – BMC #3 – Supervision
Change of Name of Brokerage Firm and Resignation of Designated Broker ISSUE: The brokerage firm is an Arizona corporation. The brokerage firm is becoming a national franchise and is changing…
21-Section 4 Exam – BMC #3 – Supervision
You will need to wait for the timer to run out before you can submit the Exam.
22-MARKETING/ADVERTSING – BMC #3 – Supervision
22 Brokerage Disclosure in All Advertising: One very important provision is contained in R4-28-502(E), which requires that the full brokerage legal name or DBA name must be included in all…
23-Real Estate Advertising Rules & Guidance – BMC #3 – Supervision
The Advertising of Real Property is Regulated by Law: Arizona real estate law defines “advertising” as: The attempt by publication, dissemination, exhibition, solicitation or circulation, oral or written, or for…
24-Legal Question and Answers Part 5 – BMC #3 – Supervision
ISSUE: Can a licensed real estate agent sell a mobile home located in a mobile home park on a leased lot? ANSWER: Judgment Against Property Manager Requires Notice to…
25-Section 5 Exam – BMC #3 – Supervision
You will need to wait for the timer to run out before you can submit the Exam.
26-Broker Supervision in Risk Management – BMC #3 – Supervision
A broker has the responsibility to familiarize the sales associates and associate brokers with any federal or state rules and statutes per Commissioner’s Rule R4-28-1103(A)(4). A broker then would have the…
27-The Agency Disclosure Process – BMC #3 – Supervision
The Agency Disclosure Process Properly Documented: As part of integrating a system to monitor the agents properly performing the agency disclosure process, a broker may want to consider incorporating certain…
28-The Due Diligence Process – BMC #3 – Supervision
The Due Diligence Process: Commissioner’s Rule R4-28-1101B states: A licensee participating in a real estate transaction shall disclose in writing to all other parties any information the licensee possesses that materially…
29-Legal Question and Answers Part 6 – BMC #3 – Supervision
Listing Broker Must Promptly Present to Seller All Offers ISSUE: Buyer #1 makes an offer on the home. The listing broker, and the buyer’s broker representing buyer #1, then enter…
30-Section 6 Exam – BMC #3 – Supervision
You will need to wait for the timer to run out before you can submit the Exam.
31-Final Exam – BMC #3 – Supervision
The Final is not timed. Once you have passed this final… For The BROKER MANAGEMENT CLINIC #3-Broker Policies Remember to PRINT OUT YOUR CERTIFICATE, and then you may move on…