"Salesperson" means any person other than a broker or time-share salesperson who is employed by a broker.
"Subagent" means a broker who is engaged by another broker to provide brokerage services in a transaction, but who is not the other broker's employee.
"Time-share salesperson" means a person, other than a person licensed under s. 452.09
, who is employed by a licensed broker to sell or offer or attempt to negotiate an initial sale or purchase of a time share but who may not perform any other acts authorized by this chapter to be performed by a broker or salesperson.
"Transaction" means the sale, exchange, purchase or rental of, or the granting or acceptance of an option to sell, exchange, purchase or rent, an interest in real estate, a business or a business opportunity.
A foreign corporation that entered into a brokerage contract to sell a radio station without being licensed in this state could not sue for its commission. The licensing requirement is not an unlawful burden on interstate commerce. Chapman Company, Inc. v. Service Broadcasting Corporation, 52 Wis. 2d 32
, 187 N.W.2d 794
Units of interest in a limited partnership are personalty and not real estate, and no real estate broker's license is required for their sale. 60 Atty. Gen. 254.
That one who owns stock in a corporation owns "an interest" in a business under sub. (2) (a) and that therefore anyone who negotiates a sale of stock requires a license under this section cannot be right. That would require every securities broker in Wisconsin to have a real estate broker's license as well as a securities license. Schlueter v. Latek, 683 F.3d 350
The `New' Chapter 452: Defining Real Estate Broker Practice. Leibsle. Wis. Law. June 2006.
Time-share salespersons. 452.025(1)(a)(a)
A person desiring to act as a time-share salesperson shall submit to the board an application for a certificate of registration.
The application for registration as a time-share salesperson shall be in the form prescribed by the board and shall include all of the following:
Certification from the licensed broker employing the applicant that the applicant is competent to act as a time-share salesperson.
Any other information that the board reasonably requires to enable it to determine the competency of the person to transact business as a time-share salesperson in a manner that safeguards the interests of the public.
Each application for registration as a time-share salesperson shall be accompanied by an initial credential fee determined by the department under s. 440.03 (9) (a)
or the applicable renewal fee determined by the department under s. 440.03 (9) (a)
, whichever is appropriate.
A person shall not engage in the business or occupation of, or advertise or hold himself or herself out as, a time-share salesperson unless the person is registered under this section or licensed under s. 452.09
A time-share salesperson registered under this section may act as a time-share salesperson only when employed by a licensed broker.
Except as provided in subd. 2.
, a time-share salesperson registered under this section shall not draft or complete a purchase agreement, offer to purchase, or other contract or document related to the sale of a time share.
A time-share salesperson registered under this section may complete a form purchase agreement or offer to purchase, if the form purchase agreement or offer to purchase has been approved by the board and includes only the following:
Identification and price of the time share being purchased and the amount of the downpayment and where it will be held.
The signature of the time-share salesperson and the name of the employing broker.
Information required under s. 707.46
to be included in a contract for the purchase of a time share.
A time-share salesperson registered under this section may apply at any time to transfer employment to another licensed broker by submitting to the board an application in the form prescribed by the board and the transfer fee specified in s. 440.05 (7)
The renewal date for certificates of registration granted by the board under this section is specified under s. 440.08 (2) (a)
An application to renew a certificate of registration granted under this section shall be submitted with the applicable renewal fee determined by the department under s. 440.03 (9) (a)
on or before the applicable renewal date specified under s. 440.08 (2) (a)
Brokers and salespersons licensed.
No person may engage in or follow the business or occupation of, or advertise or hold himself or herself out as, or act temporarily or otherwise as a broker or salesperson without a license. The board may grant a license only to a person who is competent to transact such businesses in a manner that safeguards the interests of the public, and only after satisfactory proof of the person's competence has been presented to the board.
Under s. 452.03 an agreement to pay a real estate brokerage commission to a person not licensed as a broker is void at its inception. Using a licensed broker who provides no actual services as a conduit for a fee to an unlicensed person does not create a co-brokerage arrangement authorized by s. 452.19. Badger III Ltd. v. Howard, Needles, Tammen & Bergendoff, 196 Wis. 2d 891
, 539 N.W.2d 904
(Ct. App. 1995), 94-2531
Officers of a corporation or partners of a partnership can act for the corporation or partnership in the rental of real estate owned by the entity without being licensed as real estate brokers. 60 Atty. Gen. 1 (1971).
Actions of a tenants union on behalf of its members may require a real estate broker's license. 60 Atty. Gen. 118 (1971).
The permitted limits of nonlicensed independent contractor agents are discussed. 70 Atty. Gen. 23.
Duties and powers of board. 452.05(1)
In addition to the other duties and responsibilities of the board under this chapter, the board shall advise the secretary on matters relating to real estate practice and shall:
Grant and issue licenses to brokers and salespersons and registrations to time-share salespersons.
Approve forms for use in real estate practice. The board may conduct public hearings on matters relating to the approval of forms used in real estate practice.
After consultation with the council on real estate curriculum and examinations, promulgate rules establishing criteria for the approval of educational programs and training sessions under s. 452.09 (2)
and approve such programs and sessions in accordance with the established criteria.
After consultation with the council on real estate curriculum and examinations, brokers and salespersons licensed under this chapter, and interested members of the public, establish criteria for the approval of continuing educational programs and courses in real estate related subjects required for renewal under s. 452.12 (5) (c)
Approve continuing educational programs and courses in accordance with the criteria established under par. (d)
. In order to be approved, a continuing educational program or course must require brokers and salespersons to pass an examination on the information presented at the program or course in order to successfully complete and receive continuing education credit for the program or course under s. 452.12 (5) (c)
"Certified local register of historic property" means a register of historic property that is part of a historic preservation ordinance enacted by a city, village, town or county if the ordinance is certified by the state historical society under s. 44.44
"Historic building" means a building that fulfills at least one of the following requirements:
Is listed on a certified local register of historic property, if that fact is specified in a statement recorded in the office of the register of deeds for the county in which the commercial real estate is located.
Is included in a district that is listed on a certified local register of historic property, if that fact is specified in a statement recorded in the office of the register of deeds for the county in which the commercial real estate is located, and has been determined by the city, village, town or county to contribute to the historic significance of the district.
In preparing the form for the offer to purchase commercial real property under sub. (1) (b)
, the board shall include a statement that the seller represents to the buyer that the seller has no notice or knowledge that the commercial real property is a historic building.
The board may prepare letters and bulletins and conduct clinics disseminating information to its licensees.
The board may enter into reciprocal agreements with officials of other states or territories of the United States for licensing brokers and salespersons and grant licenses to applicants who are licensed as brokers or salespersons in those states or territories according to the terms of the reciprocal agreements.
A corporation cannot be licensed as real estate salesperson. 71 Atty. Gen. 38
Councils and committees. 452.06(1)
The board shall create one or more councils on forms which shall meet on a regular basis, be chaired by a member of the board, and report to the board. Any proposed change in a form relating to real estate practice shall be referred to the appropriate council on forms for review before the form is approved.
The council on real estate curriculum and examinations shall do all of the following:
Not less than annually, review subjects covered on examinations for licensure under this chapter and the qualifications for instructors of and performance evaluations for educational and continuing educational programs, training sessions, and courses approved under this chapter.
If the secretary creates any councils or committees under s. 15.04 (1) (c)
to provide advice to the department or board on matters relating to real estate practice, such councils or committees shall be chaired by a member of the board, if available, and shall report to the board and the secretary.
The secretary shall provide staff and other support required for the operation of councils and committees created under this section or under s. 15.04 (1) (c)
to provide advice to the department or board, as appropriate, on matters relating to real estate practice.
The board shall promulgate rules for the guidance of the real estate profession and define professional conduct and unethical practice.
The board shall promulgate rules that specify the supervisory duties of brokers under s. 452.12 (3)
See also chs. REEB 11
, and 26
, Wis. adm. code.
Board receipt of proposed legislation.
The secretary shall submit to the board in writing any legislation proposed by the department relating to licensees or the board prior to introduction in the legislature.
History: 1981 c. 94
Application for license, contents. 452.09(1)
Form of application.
Any person desiring to act as a broker or salesperson shall submit to the board an application for a license. The application shall be in such form as the board prescribes and shall include the following:
The name and address of the applicant; if the applicant is a business entity, the name and address of each business representative.
The place or places, including the town, village or city, street number and county, where the business is to be conducted, and the manner in which the place of business is designated.
The business or occupation engaged in by the applicant, or if a business entity, by each business representative, for a period of at least 2 years immediately preceding the date of the application.
Any other information that the board may reasonably require to enable it to determine the competency of each applicant, including each business representative of the business entity, to transact the business of a broker or salesperson in a manner that safeguards the interests of the public.
(2) Educational requirements for applicants for licenses. 452.09(2)(a)(a)
Except as provided in a reciprocal agreement under s. 452.05 (3)
, each applicant for a salesperson's license shall submit to the board evidence satisfactory to the board of successful completion of educational programs approved for this purpose under s. 452.05 (1) (c)
. The board may waive the requirement under this paragraph upon proof that the applicant has received 10 academic credits in real estate or real estate related law courses from an accredited institution of higher education.
Except as provided in par. (d)
or a reciprocal agreement under s. 452.05 (3)
, each applicant for a broker's license shall do all of the following: