Frequently Asked Questions About the Changes in License Law

Licensees should find answers among the following Frequently Asked Questions and Answers to most inquiries concerning the changes effective April 1 to the Real Estate License Law and Commission rules. Please refer to these FAQs periodically here on the website home page as the list will be expanded with the addition of new topics.

Q.  How much real estate experience do I need to have the "provisional" status removed from my broker license?

A.  For at least four of the last six years, you must have been engaged on a full-time (or equivalent part-time) basis in activities for which a real estate license is required.

Q.  I have a real estate salesperson license and work full-time as an assistant for a very busy broker. Can I claim my experience as a "licensed assistant" as qualifying experience?

A.  Yes, so long as your work included activities for which a real estate license is required.

Q.   I work as a leasing agent for an apartment complex. I have a real estate salesperson license even though a license is not required for what I do. Can I claim this experience as qualifying experience?

A.  No, because the work you perform does not require a real estate license.

Q.   I have a real estate salesperson license and work as an office manager/bookkeeper for a real estate firm. Does this count as qualifying experience?

A.  No. Working for a real estate firm as an office manager, bookkeeper, secretary or in any other ministerial capacity does not qualify because a real estate license is not required to perform the tasks and duties associated with these positions.

Q.  If called upon by the Real Estate Commission to verify my experience, what documentation should I have?

A.  In order of preference, written statements from your current and/or former brokers-in-charge or other firm officials giving the dates of your affiliation with the firm(s) and your activities there; and/or transaction documents from the period for which you are requesting credits; and/or a list of transactions you participated in during this period including dates, types of transactions, the parties and any other agents in the transactions, and your role in them.

Q.  I have been a broker-in-charge for several years and took the Broker-In-Charge Course within the past five years. Do I have to retake it after April 1, 2006?

A.  No, unless you have a "break in service" as broker-in-charge. However, you must take the Broker-In-Charge Annual Review Course each year beginning with the July 2006 - June 2007 license period.

Q.  What is meant by a "break in service"?

A.  If, at any time, you are NOT designated a broker-in-charge, you have experienced a "break in service". This would occur if you were replaced as broker-in-charge of a firm or office. Or if you ceased being broker-in-charge of an office and then later began serving as broker-in-charge at another firm or office (i.e., the changes were not simultaneous). You would also experience a break in service if you fail to renew your license, or your license is made inactive because you did not take the annual Broker-In-Charge Annual Review Course or your continuing education Update Course. These are some examples of when a break in service will occur. If you then wish to be re-designated as a broker-in-charge, you must satisfy the new broker-in-charge education and experience requirements.