Substantive Policy Statements (SPS)
Substantive Policy Statements (SPS)
These Substantive Policy Statements are advisory only. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules made in accordance with Arizona Administrative Procedure Act. If you believe that this substantive policy statement does impose additional requirements or penalties on regulated parties you shall petition the agency under A.R.S. § 41-1033 for a review of the statement.
- No. 2022.05
Short Title: Online Pre Licensing Education Course and Learning Guidelines
Description: This Substantive Policy Statement is to inform the real estate education industry of the Department’s current approach to, and opinion of, the requirements of education statutes and rules regarding Online Pre Licensing Education which applies solely to the delivery of Online Pre Licensing Education courses (A.R.S. §§ 32-2135, 32-2101, 32-2124).
Effective Date: Established January 3, 2019; Revised on September 28, 2022 to reflect renumbering of SPS 2022.04 - Instructor Professional Development Requirements, which was updated due to amendments made in Ariz. Laws Ch. 298 § 1 (2022).
- No. 2022.04
Short Title: Instructor Professional Development Requirements
Description: This substantive policy statement is intended to inform the regulated real estate education industry of the Department’s interpretation and implementation of the education statutes and rules under the Department’s original jurisdiction, through the establishment of real estate instructor professional development requirements pursuant to A.R.S. § 32-2135 and A.A.C. R4-28-404.
Effective Date: March 20, 2015; Revised & Renumbered January 10, 2022; Revised on September 28, 2022 to reflect Amendments made in Ariz. Laws Ch. 298 § 1 (2022).
- No. 2022.03
Short Title: Unlicensed Assistants
Description: Provides clarification of tasks an unlicensed assistant may and may not perform, as well as referencing sections of Arizona law to be considered when hiring and compensating an unlicensed assistant. Tasks of unlicensed assistants include, but are not limited to the listed activities in this Substantive Policy Statement.
Effective Date: June 18, 1999; Revised & Renumbered May 28, 2004; Renumbered April 1, 2005; Revised & Renumbered June 9, 2017; Revised September 29, 2021; Revised on September 28, 2022 to reflect Amendments made in Ariz. Laws Ch. 298 § 1 (2022).
- No. 2022.02
Short Title: Requirements for Teams
Description: This Substantive Policy Statement is intended to inform the real estate industry of the relevant statutes and rules that govern real estate licensees, and are applicable to real estate “Teams”. Although not officially recognized entities in Arizona real estate law, Teams are impacted through statutes and rules that address activities within a real estate brokerage.
Effective Date: March 11, 2020; Revised on September 28, 2022 to reflect Amendments made in Ariz. Laws Ch. 126 § 3 (2022).
- No. 2016.01
Short Title: Acceptable Forms of Payment
Description: Methods of payment accepted by the Department.
Effective Date: June 18, 1999; Revised & Renumbered April 28, 2004; Revised & Renumbered April 1, 2005; Revised & Renumbered March 29, 2016
- No. 2013.01
Short Title: Multifamily Housing Records Retention
Description: This substantive policy statement is intended to clarify the Department’s standards for multifamily housing records retention at an off-site storage location pursuant to A.R.S. §§ 32-2102, 32-2151, 32-2175.
Effective Date: March 28, 2013
- No. 2012.01
Short Title: Broker Management Clinic Course/Instructor Requirements
Description: This substantive policy statement is intended to inform the regulated real estate education industry and licensees of the Department’s guidelines for the new Broker Management Clinic by clarifying course and instructor qualifications and the real estate broker licensing and renewal requirements.
Effective Date: August 1, 2012
- No. 2010.03
Short Title: Real Estate School Audit Declaration
Description: This SPS is intended to inform the regulated real estate education industry of the Department’s current enforcement approach to and opinion of the requirements of education statutes and rules under the Department’s original jurisdiction, by establishing a biennial reporting requirement by schools, to assist the Department in the regulation of real estate schools.
Effective Date: November 1, 2010
- No. 2010.02
Short Title: Distance Learning Guidelines
Description: This SPS is intended to inform the regulated real estate education industry of the Department’s current approach to and opinion of the requirements of education statutes and rules under the Department’s original jurisdiction, by establishing sensible distance learning standards, guidelines and parameters.
Effective Date: November 1, 2010 for original course approval applications; Revised November 2, 2010
- No. 2010.01
Short Title: Guidance for using Electronic Real Estate Transaction Management and/or Document Storage Programs
Description: This advisory provides guidance and outlines the responsibilities of brokers who are using or intend to use any electronic record program, and who have signed or intend to sign the Department’s User Agreement, which provides the Department access to their electronic storage systems.
Effective Date: March 8, 2010; Revised December 7, 2018
- No. 2008.06
Short Title: Preventing Mortgage Fraud through Disclosure
Description: The Department recommends that a licensee who provides a premium, credit, or rebate in a real estate transaction disclose the premium, credit, or rebate to all parties in the transaction, including the lender and third-party service providers, such as appraisers, in the purchase agreement and the closing statement.
Effective Date: June 18, 2008; Revised December 7, 2018
- No. 2008.05
Short Title: Continuing Education Requirements for Renewal of 4-Year License
REPEALED effective January, 29, 2014
- No. 2008.04
Short Title: Business Brokers; License Requirement Clarification
REPEALED effective January 27, 2011
- No. 2008.03
Short Title: Acceptable Forms of Payment
REPEALED effective August 8, 2016
- No. 2008.02
REPEALED effective September 13, 2013
- No. 2008.01
Short Title: Pre-License Education Waiver
REPEALED effective March 3, 2011
- No. 2007.18
Short Title: Real Estate Licensee Advertising
Revised effective February 12, 2007; Revised effective September 7,2016
- No. 2007.17
Short Title: Electronic License Certificate Complies with Statutory Requirement
REPEALED effective August 8, 2016
- No. 2006.16
REPEALED
- No. 2005.15
Short Title: Broker Home Office
Description: Describes the circumstances when the Department will not require compliance with the signage requirement.
Effective Date: December 28, 2005
- No. 2005.14
Short Title: Fair Housing Course Substitute
Description: Requirement for substitution of requisite Continuing Professional Education Fair Housing Course for license renewal.
Effective Date: August 9, 2005; Revised November 05,2008; Revised August 8, 2016
- No. 2005.13
Short Title: Agent Responsibility to Client
Description: Interprets the duties of a licensee set out in revised Commissioners Rules.
Effective Date: Revised June 1, 2001; Revised & Renumbered May 28, 2004; Revised & Renumbered April 8, 2005
- No. 2005.12
Short Title: Continuing Education, Residential Resale Purchase Contract
REPEALED effective January 27, 2011
- No. 2005.11
Short Title: Subdivision Disclosure Report (Public Report) Application Form, Changes
Description: Frequency of changes to the Applications for Subdivision Disclosure Report (Public Report) and provision for comment by stakeholders.
REPEALED effective July 17, 2015
- No. 2005.10
Short Title: Electronic Signatures Description: Acceptance of a broker's electronic signature on contracts and agreements.
Effective Date: November 5, 2004; Renumbered April 1, 2005; Revised August 8, 2016; Revised December 7, 2018; Revised January 2, 2019
- No. 2005.09
rev. Short Title: Non-Commercial Requests to Inspect Records and Fees for Copies
Description: Availability of Department's records and the estimated time for production.
Effective Date: June 18, 1999; Revised & Renumbered May 28, 2004; Renumbered April 1, 2005; Revised August 21, 2006; Revised August 29, 2016; Revised August 20, 2018.
- No. 2005.08
Short Title: Payment of Commission After License Expiration or Transfer of Employment
Description: Department's position concerning payment of a commission to a licensee after the Licensee has changed employing brokers or the license has expired.
Effective Date: June 18, 1999; Revised & Renumbered May 28, 2004; Renumbered April 1, 2005; Revised December 7, 2018
- No. 2005.07
Short Title: Department Investigation of Cases Involving Civil Litigation
Description: Investigation of complaints and pursuit of civil remedies.
Effective Date: June 18, 1999; Revised & Renumbered May 28, 2004; Renumbered April 1, 2005
- No. 2005.06
Short Title: Electronic Record Keeping
Description: Conditions under which brokers may keep required records electronically.
Effective Date: August 15, 2000; Revised & Renumbered 05/28/04; Renumbered 04/01/05; Revised 12/07/2018
- No. 2005.05
Short Title: Access to Arizona Real Estate Law Book on the World Wide Web
Description: Unrestricted access to the Arizona Real Estate Law Book on the Department's Web-Site meets the requirement of statute.
Effective Date: December 6, 1999; Renumbered 05/28/04; Renumbered 04/01/05; Revised 08/08/2016
- No. 2005.04
Short Title: Unlicensed Assistants
Description: Clarification of tasks that can be delegated to an unlicensed assistant.
Effective Date: June 18, 1999; Revised & Renumbered May 28, 2004; Renumbered April 1, 2005; Revised & Renumbered to 2017.01 on June 9, 2017
- No. 2005.03
Short Title: Disclosure of Licensee's Home Address
REPEALED effective August 29, 2016
- No. 2005.02
Short Title: Attendance Requirements for Credit and Enforcement
Description: Circumstances when a licensee is entitled to credit for a class.
Effective Date: June 18, 1999; Revised & Renumbered May 28, 2004; Renumbered April 1, 2005; Revised December 7, 2018