Section 17-2699. DEFINITIONS

 

2699.1As used in chapters 26 and 27 of this title, the following terms and phrases shall have the meanings ascribed:

 

Act - Title I of the Second Omnibus Regulatory Reform Amendment Act of 1998, effective April 20, 1999 (D.C. Law 12-261, § 1002; D.C. Official Code § 47-2853.01 et seq.).

 

Affiliated - A person licensed under this chapter whose license or license status requires maintaining an employer-employee or independent contractor relationship with a real estate broker licensed in the District with a fixed street address that is registered with the Commission.

 

ARELLO - The Association of Real Estate Licensing Law Officials; a global, nonprofit association made up of entities involved in regulating the practice of real estate salespersons, real estate brokers, and property managers.

 

Associate Real Estate Broker - any person licensed as a real estate broker who is employed by a real estate broker, franchise, firm, association, business, or corporation, but who is not a partner, an officer, or a principal broker within a licensed legal entity.

 

Banner Ads - a graphic image that announces the name or identity of a site or is an advertising image.

 

Builder - a person that purchases and develops property by constructing structures to sell to the public.

 

Bulletin Commission System (BBS) - a service for sharing or exchanging of messages or files via the Internet, Telnet, or private dial-up service.

 

Chat Session - the exchange of text messages in real time between one or more participants who take part from anywhere on the Internet.

 

Commission - the Real Estate Commission, established by the Second Omnibus Regulatory Reform Act of 1998, effective April 20, 1999 (D.C. Law 12- 261; D.C. Official Code § 47-2853.01 et seq.) and previously known as the D.C. Real Estate Commission.

 

Competitive Market Analysis - A comparison of the prices of recently sold homes that are similar to a listing seller's home in terms of location, style and amenities.

 

Director - the Director of Department of Consumer and Regulatory Affairs.

 

Discussion Lists - known also by various names such as discussion Commission, discussion group, discussion forum, message Commission, and online forum - discussion list is a general term for any online "bulletin Commission" where a person can read messages or leave and expect to see responses to messages the person has left.

 

Distance learning - courses in which instruction does not take place in a traditional classroom setting but rather through other media where instructor and student are separated by distance and sometimes by time.

 

District - the District of Columbia.

 

E-mail - the exchange of computer stored messages by telecommunication usually in text format, but may also include non-text files, such as graphic images or sound files, as attachments sent in binary streams.

 

Fund - the Real Estate Guaranty and Education Fund.

 

Instant Messaging - sometimes called IM or IMing, is the ability to see whether a person is connected to the Internet and, if so, exchange text-only messages with that person. The recipient shall be willing to accept the message or the transmission cannot be completed. Similar services are LRC and ICQ.

 

Institutional advertising - advertising that does not identify any real property.

 

Leasing - Leasing is a financial instrument enabling the utilization of a given fixed asset without possessing its ownership.

 

Mastery Based Format - A structured interactive learning program divided into modules of instruction where students are required to demonstrate mastery of the material covered.

 

Newsgroup - a discussion about a particular subject consisting of notes written to a central Internet site and redistributed through Usenet, a worldwide network of news discussion groups.

 

Office of Investigations - the Department of Consumer and Regulatory Affairs Office of Compliance, Investigations Division.

 

On-line Disclosure - a notice that contains the firm's licensed name, the city and state in which the firm's main office is located, and the jurisdiction in which the firm holds a license or advertising that contains the licensee's name, the name of the firm with which the licensee is affiliated, the city and state in which the licensee's office is located, and the jurisdiction in which the licensee holds a license.

 

Person - any individual, partnership, association, unincorporated business, firm, business trust, or corporation, whether foreign or domestic.

 

Pop-Up/Pop-Under Ads - A window used for advertising, smaller than the main browser window, that appears in front or behind the main browser window.

 

Proof of Age - when proof of age is required by this Chapter, the applicant shall present an original or notarized copy of the following; birth certificate, current passport, current driver's license or such other proof as is acceptable to the Commission.

 

Property manager - an agent for the owner of real estate in all matters pertaining to the operation of the property or properties which are under his or her direction, including the leasing or renting of property, and who is paid a commission, fee or other valuable consideration for his or her services, but does not perform any activities that relate to the listing for sale, offering for sale, buying or offering to buy, negotiating the purchase, sale, or exchange of real estate, or negotiating a loan on real estate for a fee, commission, or other valuable consideration.

 

Real Estate - condominiums, leaseholds, time sharing, any other interest, or non-freehold, whether located in the District or elsewhere. For the purposes of this chapter, the term also means any share or membership in a cooperative organized pursuant to the District of Columbia Cooperative Association Act, approved June 19, 1940 (54 Stat. 480; D.C. Code §§ 29-801 et seq.), to engage in activities relating to real estate, even though the shares or membership may be considered to be securities or personal property for purposes of the Act.

 

Real Estate Broker - Any person, firm, association, partnership, or corporation (domestic or foreign) who:

 

(1)For a fee, commission, or other valuable consideration, lists for sale, or sells, exchanges, purchases, rents, or leases real property. A real estate broker may collect or offer to collect rent or income for the use of real estate, or negotiate a loan secured by a mortgage, deed of trust, or other encumbrance upon the transfer of real estate. A real estate broker may also engage in the business of erecting housing for sale and may sell or offer to sell that housing, or who as owner may sell or, through solicitation or advertising, offer to sell or negotiate the sale of any lot in any subdivision of land comprising five (5) lots or more. This definition shall not apply to the sale of space for the advertising of real estate in any newspaper, magazine, or other publication; and

 

(2)May employ real estate brokers, associate real estate brokers, real estate salespersons, property managers and resident managers. The real estate broker shall be held accountable for the day-to-day job-related activities of his or her employees. These activities include, but are not limited to, property management, leasing or renting of property, listing for sale, buying or negotiating the purchase or sale, or exchanging real estate or negotiating a loan on real property.

 

Real Estate Salesperson - any person affiliated with or employed by a licensed real estate broker to manage or lease; rent or offer to lease for rent; list for sale, sell, or offer for sale; buy or offer to buy; negotiate the purchase or sale, or exchange of real estate; or to negotiate a loan on real estate.

 

Resident Manager - a individual responsible for the day-to-day management of a contiguous cluster of rental real estate who serves as principal onsite representative of the contracting property manager but who does not perform any function requiring licensure under this chapter.

 

Supervision - The direction and review, by a real estate broker acting as a branch office manager or property manager, of the acts performed by an affiliated licensee, such as an associate real estate broker or real estate salesperson, or an unlicensed person performing clerical, ministerial, or other functions exempt from licensure under this chapter.

 

Voice Over Net - voice communication delivered using Internet Protocol rather than the public switched telephone network.

 

authority

D.C. Official Code § 47-2853.10(a)(12), Mayor’s Order 2000-70, dated May 2, 2000, and Mayor’s Order 2009-11, dated February 2, 2009

source

Final Rulemaking published at 52 DCR 6962 (July 29, 2005); as amended by Final Rulemaking published at 57 DCR 5047 (June 11, 2010), as corrected by Errata Notice published at 57 DCR 7207 (August 13, 2010).