Temporary Allowance of Courses by Synchronous Distance Education Update

The Division has received inquiries concerning the allowance of granting continuing education (CE) and appraiser qualifying education (QE) credits by synchronous electronic means for courses currently approved for in-person only classroom delivery method.

On September 21, 2020, the Appraisal Qualifications Board (AQB) extended the allowance of continuing education courses to be approved and taught synchronously to December 31, 2021.

Extended Allowance of Continuing Education

In addition, any approved classroom qualifying education offering will be allowed to be converted to a synchronous platform in the same manner as continuing education. The examination required for qualifying education under Section III of the Generic Education Criteria, E.7 will remain in place and effect as written.

For reference, E.7 states: “In addition to the generic requirements described in III.D., distance education courses intended for use as qualifying education must include a written, closed-book final examination (proctored by an official approved by the college or university, or by the sponsoring organization). The term “written” as used herein refers to an exam that might be written on paper, or administered electronically on a computer workstation or other device. Oral exams are not acceptable. The testing must be in compliance with the examination requirements of this section.”

Therefore, The Appraiser Qualifications Board (AQB) is allowing both CE and QE offerings that were originally designed to be presented in a traditional classroom setting to be offered remotely via synchronous distance education, without the delivery mechanism approval set forth in Section III.D.3 of the Criteria, subject to the following:

  1. The educational offering under consideration is currently approved for traditional classroom presentation;

  2. The platform utilized for distance education is live and interactive;

  3. The instructor verifies photo identification of the students; and

  4. The instructor maintains an attendance roster, which includes verifying 100% classroom attendance by, for example, taking attendance at various established times during the course.

The AQB has also extended this relief to the 7 hour USPAP course.

Offering Synchronous CE and QE Distance Education

To offer synchronous CE and QE distance education pursuant to this temporary allowance by the AQB, you must notify the Division and provide the necessary information and an acknowledgement of your compliance with the above-referenced parameters by emailing a completed Appraiser Synchronous Distance Education Course Record and Attestation (referenced below) form to: martha.torres-recinos@state.co.us

Appraiser Synchronous Distance Education Course Record and Attestation

For appraiser continuing education (CE) and qualifying education (QE) course approval pursuant to the Appraiser Qualifications Board’s (AQB), temporary allowance of CE and QE courses by synchronous distance education, please complete the attestation attached prior to offering any courses pursuant to the temporary allowance and return it by email to the Division of Real Estate at: martha.torres-recinos@state.co.us

Clear Cooperation Policy and “Coming Soon” Listings

The Division of Real Estate is receiving inquiries and complaints about the Clear Cooperation Policy and “Coming Soon” listings.

In May, 2020, the National Association of Realtors® (NAR) implemented its Clear Cooperation Policy that states:

“Within one (1) business day of marketing a property to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS participants. Public marketing includes, but is not limited to, flyers displayed in windows, yard signs, digital marketing on public facing websites, brokerage website displays (including IDX and VOW), digital communications marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the general public.” (Adopted 11/19)

The goal of this policy was to provide complete disclosure and availability of listings, which in turn would end the practice of “coming soon” or “pocket listings” with MLS participants.

Enforcement of the Clear Cooperation Policy

Please note that the Division of Real Estate does not have any jurisdiction over the enforcement of the Clear Cooperation Policy. Enforcement of this policy is through the Multiple Listing Service (MLS) against its real estate broker members.

Commission Position 44

With regard to “Coming Soon” listings, the Division advises real estate brokers to be cognizant of and review the Commission Position on Coming Soon Listings (CP-44). The position statement outlines a broker’s obligation to exercise reasonable skill and care when advising a seller or landlord of the advantages or disadvantages of different marketing methods. Further, the manner in which the broker and seller or landlord agree to market the property must be memorialized in writing in the listing contract, prior to any marketing being performed.

2021 Colorado Annual Commission Update Course is Now Available

The 2021 Annual Commission Update course is now available for real estate brokers. This 4-hour mandatory course is necessary in order to maintain your license status. It can be taken during the 2021 calendar year, however, it is recommended that you take it as early in the year as possible, since it covers important brokerage compliance and general practice issues, as well as rule, contract, and legislative changes. The course is approved to be taken only through authorized providers, which you can find on the Division’s website.

The 2021 Colorado Real Estate Manual is Now Available

The Colorado 2021 Real Estate Manual is now available for purchase. The manual is streamlined and only contains the program’s statutes, rules, position statements, and case law. Moving forward, the Division is developing updates to the previous substantive sections that will be added to the manual in the future.

You can have access to abridged chapters of the manual on the Division’s website. A hard copy of the 2021 Real Estate Manual can be purchased on the LexisNexis website at the Real Estate manual online page or by calling Lexis-Nexis at 1-877-394-8826.