E&O Insurance
E&O insurance protects the Broker against loss from oversights in filling out
forms and conducting business. It does not protect the Broker if fraud is
involved or alleged in the transaction.
All activelicensed Brokers must carry E&O insurance. The CREC requires that it
be on file with them or they may inactivate a license. The insurance is
purchased through private carriers and an Employing Broker can help you with
obtaining your insurance. Approved vendors are also listed on the DORA web
pages. An often asked question for testing is who must carry the insurance. The
answer is all active licensed Agents including the Employing Broker and..... any
Corporation or LLC that is doing business as a firm. This last part trips new
Agents up. In this case as in others, a LLC(Limited Liability Corporation) or
regular Corporation are viewed as a person or personal entity. As such they also
need E&O insurance. The best example is a Broker that wants to have a
brokerage firm. Let's say Gary wishes to be an Employing Broker. Gary could
operate as a sole proprietor and just work as such. Later Gary learns that
working as a sole proprietor he might be sued one day, and since he is the
business, his home and personal assets would be at risk. His attorney tells him
he should consider an LLC or limited liability company as a vehicle to protect
himself and conduct business. By forming the company, now it is considered its
own entity. Gary is protected and has limited his liability to the assets of the
company and is less at risk personally. Since the company has its own liability,
it must carry E&O insurance and Gary must carry it for himself also. In
addition, any agent Gary hires must have E&O insurance as well.
Active and Inactive Licenses
How can a license become inactive?The most common ways are a broker may
place his or her license on inactive status voluntarily or the Real Estate
Commission may suspend your license for cause.
A couple of other ways include: Failure of the Employing Broker to notify the
Commission of a change of locationor failure of the Broker Associate to notify
the Commission of a move from one firm or location to another. If the
Employing Broker moves their office, the Employing Broker's license and all
the licenses under him or her become inactive if the CREC is not notified, and if
the Employing Broker's license is suspended or revoked then all licensee under
him are placed on inactive status. Remember, you are responsible for your
license always.
LLC
Limted Liability Company
May obtain 90 day temporary license, with one 90 day renewal.
Three levels of license
Associate Brokers, Independent Brokers,
and Employing Brokers
Steps to become Employing or Independent Broker?
To move from an Associate Broker position to either Employing or
Independent Broker the requirements are that you have 2 years of active
license, and that you take a 24 hour Broker Administration course.
So what is required to get an initial license?
1. You must take and pass a 168 hour class or its distance/online
equivalent hours. Your current class meets this requirement with a
combination of online, at home and in‐class hours. At completion you
will be given a REC‐33 Certificate that is your proof of course completion.
2. You must be 18 years of age to obtain a license.
3. You must submit fingerprints to the Colorado Bureau of Investigation.
4. You must pass the background check.
5. You must be lawfully present in the United States.
6. You must take and pass the Colorado Real Estate Broker Exam given by
PSI.
License renewal requirements-
Years?
CE?
Once you have your license you will need to renew it every three years.In
order to do this, the state requires that you complete 24 hours of continuing
education.
Twelve of these hours must be the annual update course; each annual update
course counts as 4 hours equaling 12 hours over three years. You may only take
the update course within it current year. In addition, you would need to take 12
hours of elective credit. The National Association of Realtors Ethics class counts
within those credit hours
What if I did not take the update or for some reason did not complete the 24
hour requirements?
A provision has been made for such a circumstance. The
first option is to take the Colorado portion of the exam and pass it again. You
may only do this one time and it is not the most popular option. A second
option is to take and pass a 24 hour Broker Reactivation course. You may only
do this one time as well. Many people choose this option. I would encourage
our students to keep up the annual updates and not let them get behind. They
contain needed information for the professional licensee each year.
When does the license expire?
In Colorado the license expires three years from
the date of issue; however, an important thing to know is that you have a 31 day
grace period to renew an expired license. You will not have to pay the
additional fee for renewal until your license is 32 days late for renewal.
What does it cost to renew your license?
From 32 days to one year Renewal Fee +Reinstatement
Fee = to ½ Renewal Fee
1‐3 years late Renewal Fee +Reinstatement
Fee = to full Renewal fee
Over 3 years Treated as a new
applicant
Inactive status renewal rules?
Brokers that put their license in an inactive status will still need to have the 24
hours of continuing education credits inclusive of the 12 hours of annual update
courses to reinstate a license. The same rules apply if you do not have the 24
hours. You may take and pass the Broker Administration course or the Colorado
exam one time in lieu of the annual update and CE hours
How can a license become inactive?
The most common ways are a broker may
place his or her license on inactive status voluntarily or the Real Estate
Commission may suspend your license for cause.
A couple of other ways include: Failure of the Employing Broker to notify the
Commission of a change of locationor failure of the Broker Associate to notify
the Commission of a move from one firm or location to another. If the
Employing Broker moves their office, the Employing Broker's license and all
the licenses under him or her become inactive if the CREC is not notified, and if
the Employing Broker's license is suspended or revoked then all licensee under
him are placed on inactive status. Remember, you are responsible for your
license always.
Who must hold an active license?
Anyone who is engaged in the sale or lease of real property may be required to
hold a license with some exceptions. All of the following must hold a license:
1. Those people who are selling or leasing property for others for a fee.
2. Those who sell business opportunity that involves real property.
3. Those selling real estate options.
Note: The sale of real estate securities requires a securities license not a real
estate license.
So who is exempt from licensing?
There are four exemptions from licensing.
1. A non‐licensed salesperson working directly for a new home builder.
2. A regularly salaried employee of an apartment complex who reports
to the owner and does not negotiate leases or sales.
3. An attorney may draft contracts or close property for a client.
4. A Broker with an inactive license may work for either a builder or an
apartment complex.
90 Day Temp License
Temporary licenses can be issued to a Corporation or LLC. Such a temporary
permit will be for 90 days and may be renewed for 90 days.
This is a common
test item and should be memorized exactly.
Who must have Errors and Omission insurance and what does it do?
E
E&O insurance protects the Broker against loss from oversights in filling out
forms and conducting business. It does not protect the Broker if fraud is
involved or alleged in the transaction.
All activelicensed Brokers must carry E&O insurance. The CREC requires that it
be on file with them or they may inactivate a license. The insurance is
purchased through private carriers and an Employing Broker can help you with
obtaining your insurance. Approved vendors are also listed on the DORA web
pages. An often asked question for testing is who must carry the insurance. The
answer is all active licensed Agents including the Employing Broker and..... any
Corporation or LLC that is doing business as a firm. This last part trips new
Agents up. In this case as in others, a LLC(Limited Liability Corporation) or
regular Corporation are viewed as a person or personal entity. As such they also
need E&O insurance. The best example is a Broker that wants to have a
brokerage firm. Let's say Gary wishes to be an Employing Broker. Gary could
operate as a sole proprietor and just work as such. Later Gary learns that
working as a sole proprietor he might be sued one day, and since he is the
business, his home and personal assets would be at risk. His attorney tells him
he should consider an LLC or limited liability company as a vehicle to protect
himself and conduct business. By forming the company, now it is considered its
own entity. Gary is protected and has limited his liability to the assets of the
company and is less at risk personally. Since the company has its own liability,
it must carry E&O insurance and Gary must carry it for himself also. In
addition, any agent Gary hires must have E&O insurance as well.
Out of state Colorado Brokersmay conduct business in Colorado under certain
circumstances.
An out of state Broker wishing to sell property in Colorado
must have an office in the state where he or she is located. They must agree
to hold any escrow funds or earnest money funds in a Colorado trust account.
They must further agree that if there are any court actions they will subject the
matter to Colorado courts.
Non‐ Colorado out of state Brokers (Brokers with real estate licenses in other
states) can be and often are paid a referral fee. This is legal as long as they have
an active real estate license. We may not pay an unlicensed person a referral
fee. However, you may pay for a name but nothing more (for example you buy
a list of names from a list company)
As above your license expires on May 31st but now it is 32 days overdue.
What will it cost to renew your license?
Renewal Fee +Reinstatement
Fee = to ½ Renewal Fee
(you have a 31 day
grace period to renew an expired license)
Your Employing Broker has moved the office across the street.
They forgot to notify the Real Estate Commission.
What is the status of their and your licenses?
Failure of the Employing Broker to notify the
Commission of a change of locationor failure of the Broker Associate to notify
the Commission of a move from one firm or location to another.
If the Employing Broker moves their office, the Employing Broker's license and all the licenses under him or her become inactive if the CREC is not notified, and if
the Employing Broker's license is suspended or revoked then all licensee under him are placed on inactive status.
Who is responsible for notifying the CREC if you move your office or if you
relocate your license?
The licensee is responsible for their own license.
(Remember, you are responsible for your
license always.)
How often must a Broker renew his or her license?
Once you have your license you will need to renew it every three years
What is required to renew a license?
The state requires that you complete 24 hours of continuing
education.
Twelve of these hours must be the annual update course; each annual update
course counts as 4 hours equaling 12 hours over three years. You may only take
the update course within it current year. In addition, you would need to take 12
hours of elective credit. The National Association of Realtors Ethics class counts
within those credit hours.
How many hours of annual update courses must the Broker have to renew
normally?
The state requires that you complete 24 hours of continuing education.
Twelve of these hours must be the annual update course; each annual update
course counts as 4 hours equaling 12 hours over three years. You may only take
the update course within it current year. In addition, you would need to take 12
hours of elective credit. The National Association of Realtors Ethics class counts
within those credit hours.
What is required to become an Employing Broker or Independent Broker?
To move from an Associate Broker position to either Employing or
Independent Broker the requirements are that you have 2 years of active
license, and that you take a 24 hour Broker Administration course.
So what is required to get an initial license?What must the applicant meet or
do?
1. You must take and pass a 168 hour class or its distance/online
equivalent hours. Your current class meets this requirement with a
combination of online, at home and in‐class hours. At completion you
will be given a REC‐33 Certificate that is your proof of course completion.
2. You must be 18 years of age to obtain a license.
3. You must submit fingerprints to the Colorado Bureau of Investigation.
4. You must pass the background check.
5. You must be lawfully present in the United States.
6. You must take and pass the Colorado Real Estate Broker Exam given by
PSI.
Who is exempt from licensing?
There are four exemptions from licensing.
1. A non‐licensed salesperson working directly for a new home builder.
2. A regularly salaried employee of an apartment complex who reports
to the owner and does not negotiate leases or sales.
3. An attorney may draft contracts or close property for a client.
4. A Broker with an inactive license may work for either a builder or an
apartment complex.
Who must carry E&O insurance?
All activelicensed Brokers must carry E&O insurance. The CREC requires that it
be on file with them or they may inactivate a license. The insurance is
purchased through private carriers and an Employing Broker can help you with
obtaining your insurance. Approved vendors are also listed on the DORA web
pages. An often asked question for testing is who must carry the insurance. The
answer is all active licensed Agents including the Employing Broker and..... any
Corporation or LLC that is doing business as a firm.
This last part trips new
Agents up. In this case as in others, a LLC(Limited Liability Corporation) or
regular Corporation are viewed as a person or personal entity. As such they also
need E&O insurance. The best example is a Broker that wants to have a
brokerage firm. Let's say Gary wishes to be an Employing Broker. Gary could
operate as a sole proprietor and just work as such. Later Gary learns that
working as a sole proprietor he might be sued one day, and since he is the
business, his home and personal assets would be at risk. His attorney tells him
he should consider an LLC or limited liability company as a vehicle to protect
himself and conduct business. By forming the company, now it is considered its
own entity. Gary is protected and has limited his liability to the assets of the
company and is less at risk personally. Since the company has its own liability,
it must carry E&O insurance and Gary must carry it for himself also. In
addition, any agent Gary hires must have E&O insurance as well.
Who may be issued a temporary license? For how long? How long can
it be extended and how many times?
Temporary licenses can be issued to a Corporation or LLC. Such a temporary
permit will be for 90 days and may be renewed for 90 days.This is a common
test item and should be memorized exactly.
Can we pay an out of state Agent a referral fee?
Non‐ Colorado out of state Brokers (Brokers with real estate licenses in other
states) can be and often are paid a referral fee. This is legal as long as they have
an active real estate license. We may not pay an unlicensed person a referral
fee. However, you may pay for a name but nothing more (for example you buy
a list of names from a list company).
Can an out of state Agent conduct business in Colorado and under what conditions?
Out of state Colorado Brokersmay conduct business in Colorado under certain
circumstances. An out of state Broker wishing to sell property in Colorado
must have an office in the state where he or she is located. They must agree
to hold any escrow funds or earnest money funds in a Colorado trust account.
They must further agree that if there are any court actions they will subject the
matter to Colorado courts.
What is required to sell real estate securities?
A securities license