Rules; review of rules. 452.07(1)
The department shall promulgate rules for the guidance of the real estate profession and define professional conduct and unethical practice.
The department shall promulgate rules that specify the supervisory duties of brokers under s. 452.12 (3)
Before submitting any proposed rules relating to real estate practice to the legislative council staff under s. 227.15
, the department shall submit the proposed rules to the board for comment. The board shall have 30 days to submit comments on the proposed rules to the secretary.
When promulgating emergency rules under s. 227.24
, the department shall provide a copy of the rules to the board prior to publication of the rules in the official state newspaper.
The chairperson of the board, or his or her designee from the board, may cochair with the secretary, or the secretary's designee, any public hearing held by the department on proposed rules relating to licensees or the board.
The department shall submit to the board a copy of the report required under s. 227.19 (2)
on any proposed final rules relating to licensees or the board. The board may prepare a dissenting report stating its recommendations on the proposed final rules. Any dissenting report shall be prepared within 10 days from the date of receipt of the department's report, be attached to the department's report and be sent to the presiding officer of each house of the legislature and distributed under s. 227.19 (2)
. The department shall cause a statement to appear in the Wisconsin administrative register to the effect that a dissenting report of the board has been submitted to the presiding officer of each house of the legislature.
The department shall provide staff to assist the board in the review of administrative rules and preparation of comments or dissenting reports.
The board may petition the department under s. 227.12
for the adoption, amendment or repeal of rules relating to licensees or the board. This subsection does not limit the rights of other persons to petition the department under s. 227.12
See also chs. RL 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 department an application for a license. The application shall be in such form as the department 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 which the department 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 which safeguards the interests of the public.
(2) Educational requirements for applicants for licenses. 452.09(2)(a)(a)
Each applicant for a salesperson's license shall submit to the department evidence satisfactory to the department of successful completion of educational programs approved for this purpose under s. 452.05 (1) (c)
. The department 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)
, each applicant for a broker's license shall do all of the following:
Satisfy or obtain a waiver of the requirement under par. (a)
or submit proof of licensure as a salesperson under this chapter.
Submit to the department evidence satisfactory to the department of successful completion of educational programs in business management approved for this purpose under s. 452.05 (1) (c)
. No educational programs applied to satisfy the requirement under subd. 1.
may be applied to satisfy the requirement under this subdivision.
The department may waive the requirements under par. (c)
upon proof that the applicant has received 20 academic credits in real estate or real estate related law courses from an accredited institution of higher education or that the applicant is licensed to practice law in this state.
In determining competency, the department shall require proof that the applicant for a broker's or salesperson's license has a fair knowledge of the English language, a fair understanding of the general purposes and general legal effect of deeds, mortgages, land contracts of sale, leases, bills of sale, chattel mortgages, conditional sales contracts, the provisions of the bulk sales law and a general and fair understanding of the obligations between principal and agent, as well as of this chapter. An applicant receiving a failing grade, as established by rules of the department, on any examination given under this section shall be denied a license, but any applicant may review his or her examination results in a manner established by rules of the department.
The department shall determine competency under par. (a)
by means of only an oral examination for any applicant who is unable to write because of a physical handicap.
Examinations shall reliably measure an applicant's ability to competently engage in real estate practice.
The department may not grant a broker's license to an applicant who does not hold a salesperson's license unless the applicant passes the salesperson's examination and the broker's examination.
An applicant is not eligible for examination unless the applicant has satisfied the applicable requirements under sub. (2)
Any person who is a resident of this state and 18 years of age or over may, upon application filed in accordance with sub. (1)
, be indentured to a licensed resident broker in accordance with rules promulgated by the department. These rules shall be promulgated so as to protect the public and may limit the real estate sales and brokerage activity of the apprentice. The department may require a preliminary examination covering general knowledge and prescribe the character and extent of his or her work during apprenticeship. The department may issue a temporary salesperson's permit to the individual for a period not to exceed one year upon payment of the fee under s. 440.05 (6)
. The temporary permit is not renewable.
See also chs. RL 12
, and 25
, Wis. adm. code.
Applications, verification, fees, exceptions. 452.10(1)(1)
An application shall be verified by the applicant. If made by a business entity it shall be verified by a business representative.
Each new application for a broker's or salesperson's license shall be for the remainder of the biennial license period.
Unless an application is withdrawn in writing before the department has made any investigation, no part of the fee shall be returned.
The fees for examinations and licenses granted or renewed under this chapter are specified under ss. 440.05
Any licensed salesperson or broker may transfer to the employment of a licensed broker by first paying the transfer fee specified in s. 440.05 (7)
and filing a transfer form with the department.
No salesperson, time-share salesperson or broker may be employed by a broker whose license has been suspended or revoked during the period of suspension or revocation. The salesperson, time-share salesperson or broker may apply for transfer to some other licensed broker by complying with this chapter, provided the salesperson, time-share salesperson or broker is not a party to the activities causing the suspension or revocation of the license of the broker.
In the case of applications for renewals of licenses the department may dispense with such matters contained in s. 452.09 (1)
as it deems unnecessary in view of prior applications.
See also ch. RL 12
, Wis. adm. code.
The real estate examining board cannot prescribe the name to be used on an application for a real estate broker's license. 66 Atty. Gen. 21.
Nonresident applicants and licensees. 452.11(1)
A nonresident may become a broker, salesperson or time-share salesperson by conforming to all the provisions of this chapter.
Every nonresident applicant, and every resident licensee who becomes a nonresident, shall file with the department an irrevocable consent that actions may be commenced against the applicant or licensee in the proper court of any county of the state in which a cause of action arises or in which the plaintiff resides, by the service of any process or pleading authorized by the laws of this state on the department or any duly authorized employee. The consent shall stipulate and agree that such service is valid and binding as due service upon the applicant or licensee in all courts in this state. The consent shall be duly acknowledged and, if made by a corporation, shall be authenticated by the corporate seal.
Any process or pleading under this section shall be served in duplicate upon the department or its duly authorized employee. One copy shall be filed with the department and the other immediately forwarded by certified mail to the nonresident licensee against whom the process or pleading is directed at the last address provided to the department by the nonresident licensee. No default in any such proceeding or action may be taken unless it appears by affidavit of the secretary or any duly authorized employee that a copy of the process or pleading was mailed to the nonresident licensee as required in this subsection. No judgment by default may be taken in any action or proceeding within 20 days after the date of mailing the process or pleading to the nonresident licensee.
See also ch. RL 12
, Wis. adm. code.
A license granted by the department entitles the holder to act as a broker or salesperson, as the case may be, until the applicable renewal date specified under s. 440.08 (2) (a)
A license may be issued to a business entity if the business entity has at least one business representative licensed as a broker. The license issued to the business entity entitles each business representative of the business entity who is a licensed broker to act as a broker on behalf of the business entity.
Application for a business entity license shall be made on forms prescribed by the department, listing the names and addresses of all business representatives, and shall be accompanied by the fee specified in s. 440.05 (1)
. If there is a change in any of the business representatives, the change shall be reported to the department, on the same form, within 30 days after the effective date of the change.
(3) Broker's liability for acts of employees.
Each broker shall supervise, and is responsible for the acts of, any broker, salesperson, or time-share salesperson employed by the broker.
(4) Register of brokers and salespersons.
The department shall maintain the register required by s. 440.035 (4)
. The names of all brokers and salespersons whose licenses have been revoked at any time within 2 years prior to the issuance thereof shall be included in the register. The register shall be available for purchase at cost.
Renewal applications for all licenses shall be submitted with the applicable renewal fee specified under s. 440.08 (2) (a)
on or before the applicable renewal date specified under s. 440.08 (2) (a)
If an application for renewal is not filed with the department on or before the renewal date, the applicant may not engage in any of the activities covered by the license until the license is renewed or a new license is issued.
At the time of renewal, each broker or salesperson shall submit proof of attendance at and successful completion of continuing education programs or courses approved under s. 452.05 (1) (g)
, except as provided in subd. 2.
Not later than June 30 of each even-numbered year, the department shall conduct an examination on those subjects required for continuing education under s. 452.05 (1) (d)
. Any broker or salesperson who passes the examination under this subdivision is not required to comply with subd. 1.
Any licensee, except a time-share salesperson registered under s. 452.025
, may apply for registration as an inactive licensee on or before the license renewal date. This paragraph does not apply after October 31, 1995.
Unless an applicant's license has been revoked or suspended under s. 452.14 (3)
, the department may register the applicant under par. (a)
as an inactive licensee upon payment of a $15 fee.
Inactive licensees may not engage in real estate practice.
If an inactive licensee files an application for reinstatement before January 1, 1996, the department shall reinstate the inactive licensee's original license in accordance with the requirements for late renewal under s. 440.08 (3)
If a person has registered as an inactive licensee before November 1, 1990, the department shall reinstate the person's original license if that person applies to the department for reinstatement of his or her original license, pays the fees specified under s. 440.05 (1) (a)
, passes an examination under s. 452.09 (3)
and completes the education requirements established by the department under par. (f)
If a person has registered as an inactive licensee on or after November 1, 1990, the department shall reinstate the person's original license if that person applies to the department for reinstatement of his or her original license, pays the renewal fee specified under s. 440.08 (2) (a)
for the original license and completes 12 hours of continuing education as established by the department under par. (f)
. A person who is eligible for reinstatement of his or her original license under this subdivision shall complete the requirements for reinstatement under this subdivision before January 1, 1996, or within 5 years after the date on which the person registered as an inactive licensee, whichever is later.
If a person who is eligible for reinstatement of his or her original license under subd. 2.
does not complete the requirements for reinstatement within the time specified under subd. 2.
, the department shall reinstate the original license of that person if he or she meets the requirements specified under subd. 1.
The department shall promulgate rules establishing the education requirements that applicants for reinstatement of original licenses under par. (e)
See also chs. RL 17
, and 25
, Wis. adm. code.
"Client funds" means all downpayments, earnest money deposits or other money related to a conveyance of real estate that is received by a broker, salesperson or time-share salesperson on behalf of the broker's, salesperson's or time-share salesperson's principal or any other person. "Client funds" does not include promissory notes.
"Depository institution" means a bank, savings bank, savings and loan association or credit union that is authorized by federal or state law to do business in this state and that is insured by the federal deposit insurance corporation or by the national credit union share insurance fund.
(2) Interest-bearing common trust account. 452.13(2)(a)(a)
A broker who holds client funds shall establish an interest-bearing common trust account in a depository institution. The interest-bearing common trust account shall earn interest at a rate not less than that applicable to individual accounts of the same type, size and duration and for which withdrawals or transfers can be made without delay, subject to any notice period that the depository institution is required to observe by law or regulation.
Any broker who maintains an interest-bearing common trust account shall do all of the following:
Register with the department of regulation and licensing the name and address of the depository institution and the number of the interest-bearing common trust account.
Notify the department of regulation and licensing when any of the information required under subd. 1.
Furnish the department of regulation and licensing with a letter authorizing the department of regulation and licensing and the department of administration to examine and audit the interest-bearing common trust account whenever the department of regulation and licensing or the department of administration considers it necessary.