Substantive Policy Statements (SPS)

This Substantive Policy Statement is 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: Established March 11, 2020; Revised on September 28, 2022 to reflect Amendments made in Ariz. Laws Ch. 126 § 3 (2022), Revised on February 7, 2025

Description: In looking at the issue of unlicensed assistants, various aspects must be considered, including what activities the individual will perform and how the individual is paid.

Effective Date: Revised April 3, 2000; Revised & Renumbered 5/28/2004; Renumbered 4/01/2005; Revised & Renumbered 6/9/2017; Revised 9/29/2021; Revised on September 28, 2022 to reflect Amendments made in Ariz. Laws Ch. 298 § 1 (2022). Revised on February 14, 2025.

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 Distance Learning Education. 

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). Revised on October 3, 2024 due to updates in Arizona Laws Title 32, Chapter 20. Revised March 6, 2025 for clarification on requirements specific to

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

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

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

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

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

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

Revised effective February 12, 2007; Revised effective September 7,2016

Describes the circumstances when the Department will not require compliance with the signage requirement.

Effective Date:  December 28, 2005

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

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

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

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.

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

Investigation of complaints and pursuit of civil remedies.

Effective Date:  June 18, 1999; Revised & Renumbered May 28, 2004; Renumbered April 1, 2005

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

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

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