Improving professionalism in the real estate industry remains a priority for
South Carolina REALTORS®. Over the past year, we have been working with the House Labor, Commerce and Industry Committee and their staff on an update of the Real Estate Practice Act.
South Carolina REALTORS® are proposing an update to the Real Estate Practice Act to modernize the license and the Real Estate Commission. SCR is proposing an increase in both the quality and quantity of pre- and post-licensing education available to real estate professionals across the state, modernizing the current three license categories into one-single broker license, and modernizing the SC Real Estate Commission and the way it interacts with licensees and consumers. The proposal would increase accreditation requirements for education providers and instructors, expand the course offerings and delivery methods, and build on mentoring currently available in the industry for new real estate professionals. We expect this bill to be introduced the first day of session by House Labor, Commerce and Industry Committee Chairman Bill Sandifer (Oconee).
SECTION 40-57-100. Educational requirements conditional to application for licensure.
(A) As a condition for and before applying to take a license examination, an applicant for a salesman, broker, or property manager license shall provide proof of having met these educational requirements within the last five years:
(1) For a salesman's license, completion of sixty hours of classroom instruction in fundamentals of real estate principles and practices or evidence submitted to the department of a Juris Doctor, Bachelor of Laws degree, or a baccalaureate degree with a major in real estate from an accredited college or university. Within one year following licensure, a salesman shall provide proof of satisfactory completion of thirty hours of post-licensing instruction in advanced real estate principles and practices. Failure to complete the post-licensing education within one year will result in cancellation of the license;
(2) For a broker's license, completion of one hundred fifty hours, ninety hours of which may be the hours required for a salesman's license, of classroom instruction in advanced real estate principles and practices and related topics, and three years of experience with a salesman's license or evidence submitted to the department of a Juris Doctor, Bachelor of Laws degree, or a baccalaureate degree with a major in real estate from an accredited college or university or the commission may accept proof of related education and at least five years of experience immediately preceding license application in business activities equivalent to or closely related to real estate transactions;
(3) For a property manager's license, completion of thirty hours of classroom instruction in property management principles and practices or evidence submitted to the department of a Juris Doctor, Bachelor of Laws degree, or a baccalaureate degree with a major in real estate from an accredited college or university.
(B) As a condition of licensure, an applicant shall submit to an examination which must be conducted by the department or a designated test provider at a time and place specified by the department.
The applicant must receive a passing grade on the examination, in accordance with a cut-score determination established by the department.
An applicant who fails an examination may be reexamined within the six-month period following initial examination. If an applicant passes one part of a two-part examination and fails the other, the applicant may be reexamined on the failed portion within the succeeding six-month period.
An applicant who passes the examination must apply for a license within one year, or the applicant must reapply for and retake the examination.
An individual who, at the time of application, holds a real estate license in another state or jurisdiction or whose real estate license in another state or jurisdiction expired not more than six months before application is required to pass only the state portion of the examination to qualify for licensure.
The department or test provider is authorized to collect and retain reasonable examination fees. An applicant for an examination to be conducted by a test provider shall pay the fee directly to the test provider.
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