32-2124

32-2124. Qualifications of licensees

A. Except as otherwise provided in this chapter, the commissioner shall require
proof, through the application or otherwise, as the commissioner deems advisable with due
regard to the interests of the public, as to the honesty, truthfulness, good character
and competency of the applicant and shall require that the applicant has:

1. If for an original real estate broker's license, at least three years' actual
experience as a licensed real estate salesperson or real estate broker during the five
years immediately preceding the time of application.

2. If for an original cemetery broker's license, either a current real estate
broker's license, or if the applicant does not have a current real estate broker's
license, at least three years' actual experience as a cemetery salesperson or broker or
as a licensed real estate salesperson or broker during the five years immediately
preceding the time of application.

3. If for an original membership camping broker's license, either a current real
estate broker's license, or if the applicant does not have a current real estate broker's
license, at least three years' actual experience as a licensed membership camping
salesperson or broker or as a licensed real estate salesperson or broker during the five
years immediately preceding the time of application.

4. If for any type of broker's or salesperson's license, not had a license denied
within one year immediately preceding application in this state pursuant to section
32-2153 or a similar statute in any other state.

5. If for any type of broker's or salesperson's license, not had a license revoked
within the two years immediately preceding application in this state pursuant to section
32-2153 or a similar statute in any other state.

6. If reapplying for a license that expired more than one year before the date of
application, met all current education and experience requirements and retakes the
examination the same as if the applicant were applying for the license for the first
time.

7. If for a real estate, cemetery or membership camping broker's license, other
than a renewal application, an equivalent amount of active experience within the
immediately preceding five years in the field in which the applicant is applying for the
broker's license, as a substitute for the licensed active experience otherwise required
in paragraphs 1, 2 and 3 of this subsection. The licensed active experience required may
be met if the applicant can demonstrate to the commissioner's satisfaction that the
applicant has an equivalent amount of experience in the past five years that, if the
applicant had held a license, would have been sufficient to fulfill the licensed
experience requirement.

B. All applicants other than renewal applicants under section 32-2130 for a real
estate salesperson's license shall show evidence satisfactory to the commissioner that
they have completed a real estate salesperson's course, prescribed and approved by the
commissioner, of at least ninety classroom hours, or its equivalent, of instruction in a
real estate school certified by the commissioner and have satisfactorily passed an
examination on the course. In no case shall the real estate salesperson's course
completion or its equivalent be more than ten years before the date of application
unless, at the time of application, the commissioner determines in the commissioner's
discretion that the applicant has work experience in a real estate related field and
education that together are equivalent to the prelicensure education requirement. The
commissioner may waive all or a portion of the prelicensure course requirement, other
than the twenty-seven hour Arizona specific course, for an applicant who holds a current
real estate license in another state.

C. All applicants other than renewal applicants under section 32-2130 for a real
estate broker's license shall show evidence satisfactory to the commissioner that they
have completed a real estate broker's course, prescribed and approved by the
commissioner, of at least ninety classroom hours, or the equivalent, of instruction in a
real estate school certified by the commissioner and have satisfactorily passed an
examination on the course. In no case shall the real estate broker's course completion
or its equivalent be more than ten years before the date of application unless, at the
time of application, the commissioner determines in the commissioner's discretion that
the applicant has work experience in a real estate related field and education that
together are equivalent to the prelicensure education requirement. The commissioner may
waive all or a portion of the prelicensure course requirement, other than the
twenty-seven hour Arizona specific course, for an applicant who holds a current real
estate license in another state.

D. Prior to receiving any license provided for by this chapter, an applicant shall
be at least eighteen years of age.

E. The commissioner shall ascertain by written, electronic or any other examination
method that an applicant for a real estate license has:

1. An appropriate knowledge of the English language, including reading, writing and
spelling, and of arithmetical computations common to real estate practices.

2. At a minimum, an understanding of the general purpose and legal effect of any
real estate practices, principles and related forms, including agency contracts, real
estate contracts, deposit receipts, deeds, mortgages, deeds of trust, security
agreements, bills of sale, land contracts of sale and property management, and of any
other areas that the commissioner deems necessary and proper.

3. A general understanding of the obligations between principal and agent, the
principles of real estate and business opportunity practice, the applicable canons of
business ethics, the provisions of this chapter and rules made under this chapter.

F. The commissioner shall ascertain by written, electronic or any other examination
method that an applicant for a license as a cemetery broker or a cemetery salesperson
has:

1. Appropriate knowledge of the English language, including reading, writing and
spelling, and of elementary arithmetic.

2. A general understanding of:

(a) Cemetery associations, cemetery corporations and duties of cemetery directors
and officers.

(b) Plot ownership, deeds, certificates of ownership, contracts of sale, liens and
leases.

(d) The provisions of this chapter and rules made under this chapter relating to
the organization and regulation of cemeteries and the licensing and regulation of
cemetery brokers and cemetery salespersons.

3. A general understanding of the obligations between principal and agent, the
principles of cemetery practice and the canons of business ethics pertaining to the
operation of cemeteries and the sale of cemetery property.

G. The commissioner shall ascertain by written, electronic or any other examination
method that an applicant for a license as a membership camping broker or a membership
camping salesperson has:

1. An appropriate knowledge of the English language, including reading, writing and
spelling, and of elementary arithmetic.

2. A general understanding of:

(a) The general purposes and legal effect of contracts and agency contracts.

(b) Establishing, maintaining, managing and operating a membership campground.

(c) The provisions of this chapter and rules adopted under this chapter relating to
the organization and regulation of membership campgrounds and the licensing and
regulation of membership camping brokers and membership camping salespersons.

3. A general understanding of the obligations between principal and agent and the
canons of business ethics pertaining to the operation and promotion of membership
campgrounds.

H. No renewal applicant for a real estate, cemetery or membership camping broker's
or salesperson's license shall be required to submit to an examination if the application
is made within twelve months after the license expires and the license is not cancelled,
terminated or suspended at the time of application.

I. The examination for a broker's license shall be more exacting and stringent and
of a broader scope than the examination for a salesperson's license.

J. An applicant for a real estate salesperson's or broker's license who currently
holds at least an equivalent license in another state may be exempt from taking the
national portion of the real estate examination if the applicant can demonstrate having
previously passed a national examination within the past five years that is
satisfactorily similar to the one administered by the department.

K. Identification of each applicant whose licensing requirement was allowed to be
met by an equivalent alternative pursuant to this section shall be included in the annual
performance report presented by the board to the governor pursuant to section 32-2104.

L. An applicant for an original real estate salesperson's license, after completion
of the requirements of subsection B of this section, shall provide certification to the
department at the time of application evidencing completion of six hours of instruction
in real estate contract law and contract writing. This instruction shall include
participation by the applicant in the drafting of contracts to purchase real property,
listing agreements and lease agreements.

M. The commissioner shall not issue a license to a person who has been convicted of
a felony offense and who is currently incarcerated for the conviction, paroled or under
community supervision and under the supervision of a parole or community supervision
officer or who is on probation as a result of the conviction.