ADRE LAW BOOK 2025

used in the production of educational products. Monies in the fund shall be used for the printing of a compilation of real estate laws and rules and other educational publications and for other educational efforts the commissioner deems helpful and proper for the guidance and assistance of licensees and the public, including sponsoring and holding educational seminars or workshops for educators and other licensees. The department shall establish the revolving fund as a separate account. The department shall make a full accounting of its use to the department of administra tion annually or as required by the department of administration. Expenditures from the fund and reimbursement to the fund shall be as prescribed by rules of the department of administration. Monies received in the real estate department education revolving fund are not subject to rever sion, except that all monies in the fund in excess of twenty-five thousand dollars at the end of the fiscal year revert to the state general fund. F. The commissioner shall adopt rules, in accord with this chapter, as the commissioner deems necessary to carry out this chapter. G. The commissioner may approve standardized legal forms for use in the sale or lease of real estate for the purpose of recognizing compliance of the forms with this chapter and the rules adopted pursuant to this chapter. 32-2107.01. Recorded disclaimer of unlawful restrictions A. The commissioner shall execute and record in the office of the county recorder in each county in this state a document that disclaims the validity and enforceability of certain restrictions and covenants. The document shall contain a disclaimer in substantially the following form: It is the law of this state that any covenants or restrictions that are based on race, religion, color, dis ability status or national origin are invalid and unenforceable. If the invalid covenant or restriction is contained in a document that is recorded in this county, it is hereby declared void. B. The document that is executed and recorded by the commissioner shall include the legal de scription specified by title 11, chapter 1, article 1 for the appropriate county. C. This section does not affect any other covenant, condition or restriction. 32-2108. Powers and duties of commissioner to make investigations and require information (Ariz. Sess. Laws Ch. 59, § 77 (2022)) A. The commissioner on the commissioner’s own motion may, and on a verified complaint in writ ing shall, investigate the actions of any natural person or entity engaged in the business or acting in the capacity of a broker, salesperson or developer and may at any time examine the books and records used in connection with the business insofar as the commissioner reasonably believes the books or records pertain to the transfer, sale, rental, lease, use or management of real property. In connection with an investigation, the commissioner or the commissioner’s representative may take testimony and may examine and copy documents and other physical evidence that relate to the in vestigation. If necessary, the commissioner or the commissioner’s representative may issue subpoe nas to compel the testimony of witnesses and the production of documents and other evidence. If a person refuses to comply with a subpoena, the commissioner or the commissioner’s representative may apply to the superior court for an order to compel compliance. B. The commissioner shall establish a certification and enforcement unit that is charged with in vestigative duties relevant to the rules of the commissioner and the laws of this state, including applications for certification, investigations and enforcement and other duties as the commissioner prescribes.

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