History: 1981 c. 94
; 1989 a. 307
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 of board.
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. The board may conduct public hearings on matters relating to the approval of forms used in real estate practice.
Advise the secretary on rule making relating to licensees and relating to the board as provided by s. 452.07
History: 1981 c. 94
Duties and powers of department. 452.05(1)
In addition to the other duties and responsibilities of the department under this chapter, the department shall:
Grant and issue licenses to brokers and salespersons and registrations to time-share salespersons.
Approve forms for use in real estate practice.
After consultation with the council on real estate curriculum and examinations and subject to the procedure under s. 452.07
, 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, the board, 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) 1.
After consultation with the council on real estate curriculum and examinations, prepare, develop and grade examinations under s. 452.12 (5) (c) 2.
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) 1.
"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 department 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 department may prepare letters and bulletins and conduct clinics disseminating information to its licensees.
The department may, after consultation with the board, 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 secretary shall create a council on forms under s. 15.04 (1) (c)
which shall meet on a regular basis, be chaired by a member of the board and report to the board and the secretary. Any proposed change in a form relating to real estate practice shall be referred to the council on forms for review before the form is approved.
The council on real estate curriculum and examinations shall do all of the following:
Periodically, but 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 other than the council under sub. (1)
, 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.
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)
Except as provided in a reciprocal agreement under s. 452.05 (3)
, 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)
or a reciprocal agreement under s. 452.05 (3)
, 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.
Except as provided in a reciprocal agreement under s. 452.05 (3)
, 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
Effective date note
Sub. (3) is amended eff. 7-1-09 by 2007 Wis. Act 20
Effective date text
(3) The fees for examinations and licenses granted under this chapter are specified under s. 440.05, and the renewal fee for such licenses is determined by the department under s. 440.03 (9) (a).
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.