Register November 2011 No. 671
Chapter REEB 17
LICENSURE AND SUPERVISION OF EMPLOYEES
REEB 17.025 Applicability.
REEB 17.03 Limitations on employees of a broker.
REEB 17.04 Notice of employment.
REEB 17.05 Transfer of employment.
REEB 17.06 Termination of employment.
REEB 17.07 Broker-employer's duty to check licensure of employees.
REEB 17.08 Supervision of employees.
REEB 17.12 Unlicensed personal assistants.
Ch. REEB 17 Note
Note: Chapter REB 8 as it existed on April 30, 1972 was repealed and a new chapter REB 8 was created,
Register, April, 1972, No. 196, effective May 1, 1972. Renumbered to be chapter RL 17, effective March 1, 1983. Chapter RL 17 as it existed on November 30, 1985 was repealed and a new chapter RL 17 was created effective December 1, 1985. Chapter RL 17 was renumbered chapter REEB 17 under s. 13.92 (4) (b) 1., Stats.,
Register November 2011 No. 671.
REEB 17.01 History
History: Cr.
Register, November, 1985, No. 359, eff. 12-1-85; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, May, 1988, No. 389.
REEB 17.02(2m)(2m) "Broker-employe" means a broker who is employed to provide services for another broker.
REEB 17.02(3)
(3) "Broker-employer" means a sole proprietor or business entity that employs another licensee to provide services to the broker.
REEB 17.02(3g)(a)
(a) Parents, stepparents, grandparents, foster parents, children, stepchildren, grandchildren, foster children, brothers and their spouses, sisters and their spouses, of a licensee or a licensee's spouse.
REEB 17.02(3g)(c)
(c) Aunts and uncles, sons-in law or daughters-in-law of a licensee or a licensee's spouse.
REEB 17.02(3m)
(3m) "Open house" means a showing of real estate open to the public for viewing without an individual appointment.
REEB 17.02(4g)
(4g) "Reasonable review" means the timely review of a document or record to detect and correct errors which include ambiguous, omitted or incomplete portions of a document or record, or incorrect words, numbers, phrases, legal descriptions, terms or conditions. "Reasonable review" does not include the detection and correction of an error which is not apparent on the face of the document or record, unless the supervising broker knows or has reason to know of the error.
REEB 17.02(4r)
(4r) "Supervising broker" means a broker to whom a broker-employer's duty to supervise licensees employed by a broker-employer is delegated and who is responsible for ensuring compliance by the broker-employer with the duty to supervise licensed employees under
s. REEB 17.08.
REEB 17.02(5)
(5) "Unlicensed personal assistant" means a person not licensed under
ch. 452, Stats., or a person who is licensed but not employed for the purpose of providing services for which a license is required under
ch. 452, Stats., who on behalf of and under the direction of a licensee, provides the licensee with administrative, clerical or personal services for which a license under
ch. 452, Stats., is not required.
REEB 17.02 History
History: Cr.
Register, November, 1985, No. 359, eff. 12-1-85; cr. (2m), (3m), and (5), am. (3),
Register, January, 1998, No. 505, eff. 2-1-98; am. (3) and (5), cr. (3g) and (3k),
Register, January, 2001, No. 541, eff. 2-1-01;
CR 04-124: r. (1), (2) and (4), cr. (4g) and (4r)
Register June 2005 No. 594, eff. 7-1-05;
correction in (4r) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671.
REEB 17.025
REEB 17.025
Applicability. For the purposes of this chapter, a business representative is not an employee of the business entity.
REEB 17.025 History
History: Cr.
Register, November, 1985, No. 359, eff. 12-1-85; am.
Register, July, 1998, No. 511, eff. 8-1-98.
REEB 17.03
REEB 17.03
Limitations on employees of a broker. REEB 17.03(1)(1) A broker who is employed by a broker-employer may also engage in real estate practice in his or her own name, if the broker obtains written approval from the broker-employer and avoids conflicts of interest with his or her employment by the broker-employer.
REEB 17.03(2)
(2) A licensee who is employed by a broker-employer may personally employ licensed persons only as unlicensed personal assistants within the meaning of
s. REEB 17.02 (5), subject to the provisions in
s. REEB 17.12.
REEB 17.03(3)
(3) A licensee may be employed by only one broker-employer at any time.
REEB 17.03(4)
(4) A salesperson or time-share salesperson may engage in real estate practice only when employed by a broker.
REEB 17.03 History
History: Cr.
Register, November, 1985, No. 359, eff. 12-1-85; am. (2),
Register, January, 1998, No. 505, eff. 2-1-98; am. (2) to (4),
Register, January, 2001, No. 541, eff. 2-1-01; correction in (2) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671.
REEB 17.04
REEB 17.04
Notice of employment. A licensee who wishes to engage in real estate practice as an employee of a broker-employer shall notify the department of the name of the broker-employer on forms prescribed by the board. If this notice is provided at the time of application for original licensure, the department may not charge a fee in addition to the fee specified in s.
440.05 (1), Stats. If the notice is provided other than at the time of application for original licensure, the licensee shall pay the fee specified in s.
440.05 (7), Stats.
REEB 17.04 History
History: Cr.
Register, November, 1985, No. 359, eff. 12-1-85; am.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 04-124: am.
Register June 2005 No. 594, eff. 7-1-05; correction made under s.
13.92 (4) (b) 6., Stats.,
Register November 2011 No. 671.
REEB 17.05(1)
(1) A licensee who wishes to transfer employment from one broker-employer to another shall submit to the department a transfer application accompanied by the fee specified in s.
440.05 (7), Stats.
REEB 17.05(2)
(2) A licensee who transfers employment to another broker-employer may not engage in real estate practice for the new employer until the licensee has delivered or mailed a completed transfer application and the required fee to the department.
REEB 17.05 History
History: Cr.
Register, November, 1985, No. 359, eff. 12-1-85; am.
Register, January, 2001, No. 541, eff. 2-1-01.
REEB 17.06
REEB 17.06
Termination of employment. A licensee who terminates employment with a broker-employer shall send written notice to the department within 10 days after the termination.
REEB 17.06 History
History: Cr.
Register, November, 1985, No. 359, eff. 12-1-85; am.
Register, January, 2001, No. 541, eff. 2-1-01.
REEB 17.07
REEB 17.07 Broker-employer's duty to check licensure of employees. A broker-employer shall, prior to employing a licensee and at the beginning of each biennial licensure period, determine that each licensee employed by the broker is properly licensed. A broker-employer may not employ an unlicensed person or a person who has failed to file the notice of employment required under
s. REEB 17.04 or the transfer application required by
s. REEB 17.05 to engage in real estate practice for the broker-employer.
REEB 17.07 History
History: Cr.
Register, November, 1985, No. 359, eff. 12-1-85;
correction made under s.
13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671.
REEB 17.08(1)
(1) A broker-employer shall supervise the activities of any licensee employed by the broker-employer. Supervision includes but is not limited to the reasonable review of all listing contracts, offers to purchase, trust account records and other documents and records related to transactions as well as providing all licensees reasonable access to a supervising broker for purposes of consultation regarding real estate practice issues. Documents or records related to a transaction, described in
ss. REEB 15.02,
15.03 and
15.04, including the receipt and proposed disbursement of real estate trust funds in or from the real estate trust account of the broker-employer, shall be reviewed by the supervising broker prior to the closing of the transaction. Broker-employers shall provide all licensed employees with a written statement of procedures under which the office and employees shall operate with respect to handling leases, listing contracts, offers to purchase and other documents relating to transactions. Broker-employers shall notify all employed licensees where a copy of the rules of the board maintained under
s. REEB 24.16 may be obtained.
REEB 17.08(2)
(2) A broker-employer shall be responsible for the preparation, custody, safety and correctness of all entries on real estate forms, closing statements and other records even though another person may be assigned these duties by the broker-employer.
REEB 17.08(3)
(3) A broker-employer which is a business entity shall delegate the performance of the duty to supervise licensed employees to a supervising broker.
REEB 17.08(4)
(4) A broker-employer who is not a business entity may delegate the duty to supervise licensed employees to a supervising broker. In the absence of a specific supervising broker delegation to another person, a broker-employer who is not a business entity is deemed to be a supervising broker.
REEB 17.08(5)
(5) A delegation under this section shall be written and signed by or on behalf of the delegating broker-employer, identify the duty delegated, and be signed by the supervising broker to whom the delegation is made. A broker-employer may delegate the duty to supervise licensees employed by the broker-employer to more than one supervising broker.
REEB 17.08 History
History: Cr.
Register, November, 1985, No. 359, eff. 12-1-85; am. (1),
Register, January, 2001, No. 541, eff. 2-1-01;
CR 04-124: am. (1), cr. (3) to (5)
Register June 2005 No. 594, eff. 7-1-05; correction in (1) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register November 2011 No. 671.
REEB 17.12
REEB 17.12
Unlicensed personal assistants. REEB 17.12(1)(1) A licensed employee, prior to employing an unlicensed personal assistant, shall enter into a written agreement with his or her broker-employer, setting forth the duties of the unlicensed personal assistant, the manner in which the personal assistant will be compensated for his or her services and the responsibilities between the licensed employee and broker-employer for supervision of the personal assistant's activities.
REEB 17.12(2)
(2) An unlicensed personal assistant may not assist a licensee at an open house for the sale of real estate or a business without the direct, on-premises supervision and presence of a real estate licensee, and may not provide any services at an open house for which a license under
ch. 452, Stats., is required.
