Cheat sheet

Illinois Real Estate Broker Cheat Sheet

Ownership + Title

25%of exam

EstatesCo-ownershipEasementsDeeds + NoticeLiensLand Use

Agency + Contracts

25%of exam

Agency TypesFiduciary OLD CARContract ValidityListingsStatute of Frauds

Finance + Valuation

20%of exam

Note vs MortgageLoan TypesPoints3 ApproachesCap RateFair Housing

Illinois State Law

29%of exam

License Act 2000IDFPRDesignated AgencyEscrowTransfer TaxHuman Rights Act

Real Estate Math

10%of exam

CommissionProrationAreaLTVMill RateTransfer Tax Calc

Quick Facts

Exam
IL Broker License
Questions
140 (100+40)
Pass
75% each portion
Time
3.5 hours
Pre-license
75 hours
Vendor
PSI
Exam fee
$58
Regulator
IDFPR

Bundle of Rights

DEEP C = ownership rights

DisposeEncumberEnjoyPossessControl

Joint Tenancy vs Common

Joint Tenancy

  • Survivorship
  • Four unities
  • Equal shares

Tenancy Common

  • No survivorship
  • Unequal shares
  • Passes by will

Survivorship vs inheritance

Which Form of Ownership?

  1. One sole ownerSeveralty
  2. Want survivorshipJoint tenancy(Four unities)
  3. Unequal sharesTenancy common(By will)
  4. Married couple homeTenancy entirety(If state allows)
  5. Owns for lifetimeLife estate
  6. Privacy, IL transferLand trust(Beneficiary controls)
  7. Most complete rightsFee simple
  8. Tenant possession onlyLeasehold

Estates + Ownership

Fee simple
Complete ownership, indefinite
Defeasible fee
Lost if condition violated
Life estate
Lasts a lifetime
Remainderman
Gets title after death
Reversion
Returns to grantor
Freehold
Ownership estate
Leasehold
Tenant possession

Deed Covenants

Seisin, encumbrance, quiet enjoyment

Seisin: owns itAgainst encumbrancesQuiet enjoymentWarranty + further assurance

Actual vs Constructive Notice

Actual

  • Genuine knowledge
  • Person truly knows
  • Direct awareness

Constructive

  • Law presumes
  • Recorded/possessed
  • Recording gives priority

Known vs presumed

Co-ownership

Joint tenancy
Survivorship, four unities
Tenancy common
No survivorship, unequal
Four unities
Time title interest possession
Severalty
Sole ownership
IL land trust
Trustee title, beneficiary controls
Trade fixture
Tenant's removable business item

Easements + Encroach

Appurtenant
Runs with land
In gross
Benefits person/utility
Dominant tenement
Benefited parcel
Servient tenement
Burdened parcel
Encroachment
Improvement intrudes neighbor
Prescriptive
Easement by long use

Title + Transfer

Warranty deed
Full title covenants
Quitclaim deed
No warranties, clears clouds
Actual notice
Real knowledge held
Constructive notice
Recording presumes knowledge
Title insurance
Covers undiscovered defects
Abstract
Recorded-document history
Specific lien
One identified property
General lien
All debtor property

Land Use + Fair Housing

Police power
Zoning, no payment
Eminent domain
Take, just compensation
Variance
Deviation for hardship
Nonconforming
Grandfathered prior use
CC&Rs
Private deed restrictions
Protected classes
Race color religion etc.
Steering
Directing by class
Blockbusting
Inducing panic selling
Redlining
Denying loans area

Fiduciary Duties

OLD CAR = agent owes client

ObedienceLoyaltyDisclosureConfidentialityAccountingReasonable care

General vs Special Agency

General

  • Ongoing relationship
  • Broad authority
  • Property manager

Special

  • Single task
  • Limited authority
  • Listing broker

Scope of authority

Which Agency / Disclosure?

  1. Represent one clientDesignated agent(IL default)
  2. Single listing taskSpecial agency
  3. Manage many dutiesGeneral agency
  4. Not represented partyCustomer(Honesty only)
  5. Both same licenseeDual agency(Written consent)
  6. Two firm agentsDesignated agency(No company dual)
  7. First confidential infoDisclose agency(In writing)
  8. Before offer draftedConfirm representation

Agency Types

Special agent
Single limited task
General agent
Ongoing broad authority
Client
Represented, owed fiduciary
Customer
Dealt with, not represented
Dual agent
Both parties, written consent
Designated agent
IL default model

Bilateral vs Unilateral

Bilateral

  • Promise for promise
  • Both obligated
  • Purchase agreement

Unilateral

  • Promise for act
  • One bound
  • Option / open listing

Both vs one bound

Fiduciary Duties

Obedience
Follow lawful instructions
Loyalty
Client interest first
Disclosure
Reveal material facts
Confidentiality
Protect client secrets
Accounting
Safeguard, report funds
Reasonable care
Skill and diligence

Void vs Voidable

Void

  • Never a contract
  • Illegal purpose
  • No effect

Voidable

  • Valid until canceled
  • Minor / duress
  • One may rescind

None vs cancelable

Contracts + Listings

Bilateral
Promise for promise
Unilateral
Promise for act
Void
No contract existed
Voidable
One party may cancel
Unenforceable
Valid, court won't enforce
Statute of frauds
RE deals in writing
Earnest money
Good-faith deposit, escrow
Contingency
Condition to proceed
Net listing
Legal in Illinois

Value Approaches

Sales, Cost, Income

Sales: homesCost: unique/newIncome: investment

Which Value Approach?

  1. Typical homeSales comparison
  2. New or uniqueCost approach
  3. Investment incomeIncome approach
  4. Broker price opinionCMA / BPO
  5. Federal-related loanLicensed appraiser

Financing

Promissory note
The debt promise
Mortgage
Pledges property collateral
Deed of trust
Trustee-held security
Conventional
Not government-backed, PMI
FHA
Insured, low down
VA
Guaranteed for veterans
PITI
Principal interest tax insurance
Discount point
1% buys down rate
RESPA
Bans kickbacks, discloses costs

Valuation + Appraisal

Sales comparison
Compare similar sales
Cost approach
Land plus replacement
Income approach
Capitalize net income
CMA
Broker pricing opinion
BPO
Broker price opinion
Appraisal
Licensed certified value
Cap rate
NOI over value
GRM
Price over gross rent

Broker vs Managing Broker

Broker

  • Entry-level
  • Must be sponsored
  • Like salesperson

Managing Broker

  • Supervises office
  • Holds escrow
  • Separate exam

Practice vs supervise

IL License Act + IDFPR

License Act 2000
225 ILCS 454
Broker
Entry-level licensee
Managing Broker
Supervises office, escrow
Leasing Agent
Residential rentals only
Sponsorship card
Required to practice
Designated agency
IL default representation
Escrow account
Separate client funds
Commingling
Prohibited fund mixing
CE 12 hours
Per two-year cycle
Post-license
45-hour first renewal

IL Contracts + Disclosure

Attorney review
5-day custom period
Agency disclosure
Written, before offer
Dual agency consent
Before and confirmed
PCDS
Property condition disclosure
Judicial foreclosure
Court suit required
Redemption period
Cure or pay debt

Math + Formulas

Commission
Price times rate
Proration
Split costs at closing
1 acre
43,560 square feet
Area
Length times width
LTV
Loan over value
1 mill
$1 per $1,000
State transfer
$0.50 per $500
County transfer
$0.25 per $500

Common Traps

IL license name

Entry = Broker Supervisory = Managing Broker

Note vs mortgage

Note is debt Mortgage secures it

CMA vs appraisal

CMA is opinion Appraisal is certified

Void vs voidable

Void never existed Voidable is cancelable

Police power vs taking

Police power free Eminent domain pays

Net listings

Banned many states Legal in Illinois

Last Minute

  1. 1.IL entry license = Broker
  2. 2.Managing Broker supervises office and escrow
  3. 3.Pass = 75% on each portion separately
  4. 4.140 scored: 100 national + 40 Illinois
  5. 5.OLD CAR = agent fiduciary duties
  6. 6.Joint tenancy = survivorship; common = inherit
  7. 7.Note = debt; mortgage = collateral
  8. 8.Constructive notice comes from recording deed
  9. 9.IL transfer tax = $0.50/$500
  10. 10.Designated agency is the Illinois default
  11. 11.Attorney review = 5-day Illinois custom
  12. 12.Commingling client escrow funds is prohibited
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