Licensing Laws

Question 1

Licensing laws

Overview
RE

DCCA
THE REAL ESTATE COMMISSION

REAL ESTATE LICENSING LAWS,
PROFESSIONAL AND VOCATIONAL LICENSING ACT

THE REAL ESTATE BROKERS AND SALESPERSON ( the licensing laws

ADMINISTRATIVE RULES OF COMMISSION

Answer 1

1. Describe the functions of the DCCA and the Commission
2. State the requirements and procedures for obtaining and renewing a salesperson and brokers license and a condo hotel operator registration
3. Explain the requirements for handling and reporting changes involving the license

Question 2

State Regulation

Answer 2

1. DCCA
2. REAL ESTATE COMMISSION : licensing and regulation
3. CIVIL RIGHTS COMMISSION: RE discrimination
4. DIVISION OF FINANCIAL INSTITUTIONS: regulates mortgage brokers, companies, consumer lending cos. And escrow cos.
5. DEPT OF PROFESSIONAL AND VOCATIONAL LICENSING
6. DEPT OF LAND AND NATURAL RESOURCESenvironmental issues
7. OFFICE OF CONSUMER PROTECTION: consumer complaints and deceptive practices
8. BUREAU OF CONVEYANCES: examines, records, indexes and microfilms Regular and Land Court documents and maps. Issues Land court certificates of Title, certifies matters of record and researches Uniform Commercial Code (UCC) requests
   Hawaii is the only state with a singl statewide recording office.

Question 3

LOCAL UNITS OF GOVERNMENT/ city and county

Establish statuatory law through orders via boards of commissioners or ordinances by city council.

Answer 3

Such as zoning and subdivisions ordinances, health code, building cod, sign codes, have a direct use on real property.
In Hawaii, significant impact of regulatory issues regarding temples and burial grounds.

Question 4

Considerable portion of law relating to real property is civil law (as opposed to criminal law).

Answer 4

Courts do not make law, they interpret it. They determine the meaning and effect of law pertaining to real property.

Question 5

LICENSING

Hawaii brokers and salesperson are governed specifically by

Answer 5

Chapter 436B. Hawaii Revised Statutes (HRS), the uniform professional and vocational licensing act: sets standards for licensing.

HRS C. 467 license law for brokers and salespersons

TITLE16, chapter99 HAR , hi administrative rules, created by the Commission

Question 6

REGULATORY AGENCIES

One of the statutes is creation of regulatory agencies and oversee the activities of the regulated professions.

Answer 6

1. DCCA
2. The COMMISSIONER
3. RICO