SB375,44,2115 (b) A broker who firm that is providing brokerage services to a client and who
16that
retains another broker firm to provide brokerage services to that client as a
17subagent
is not liable for a misrepresentation made by the other broker subagent or
18any licensee associated with the subagent
, unless the broker firm knew or should
19have known of the other broker's misrepresentation or the other broker subagent or
20licensee
is repeating a misrepresentation made to him or her by the broker firm or
21any licensee associated with the firm
.
SB375,45,222 (c) Nothing in this subsection limits the liability responsibility of a broker firm
23under s. 452.12 (3) for misrepresentations made by an employee who is a broker a
24licensee associated with the firm
. Nothing in this subsection limits the liability of

1a client for a misrepresentation that the client makes in connection with brokerage
2services.
SB375,45,11 3(3) Liability for negligent hiring. An employing broker that hires an
4individual who is licensed or registered under this chapter and who
If a licensee
5associated with a firm
commits a crime under the laws of this state or another
6wrongful act, the firm may not be held civilly liable for hiring that individual licensee
7in a claim brought for negligent hiring if, regardless of whether the employing broker
8firm conducted its own investigation, the employing broker firm relied on the
9investigations conducted by the department under s. 440.03 (13) or on any
10determination made by the board, including a determination under s. 452.07 (2) or
11452.25.
SB375,124 12Section 124. 452.14 (1) of the statutes is amended to read:
SB375,45,1713 452.14 (1) The board shall, upon motion of the secretary or his or her designee
14or upon its own determination, conduct investigations and, as appropriate, may hold
15hearings and make findings, if the board or the department receives credible
16information that a broker, or salesperson, or time-share salesperson has violated
17this chapter or any rule promulgated under this chapter.
SB375,125 18Section 125. 452.14 (2) of the statutes is amended to read:
SB375,45,2019 452.14 (2) The board may commence disciplinary proceedings on any matter
20under investigation concerning a licensee or registrant.
SB375,126 21Section 126. 452.14 (3) (intro.) of the statutes is repealed and recreated to
22read:
SB375,45,2523 452.14 (3) (intro.) The board may revoke, suspend, or limit the license or
24registration of any licensee, or reprimand the licensee, if it finds that the licensee has
25done any of the following:
SB375,127
1Section 127. 452.14 (3) (intro.) of the statutes, as affected by 2015 Wisconsin
2Act .... (this act), is amended to read:
SB375,46,53 452.14 (3) (intro.) The board may revoke, suspend, or limit the license or
4registration
of any licensee, or reprimand the licensee, if it finds that the licensee has
5done any of the following:
SB375,128 6Section 128. 452.14 (3) (a) of the statutes is amended to read:
SB375,46,87 452.14 (3) (a) Made a material misstatement in the application for a license or
8registration
, or in any information furnished to the board or department;.
SB375,129 9Section 129. 452.14 (3) (b) of the statutes is amended to read:
SB375,46,1210 452.14 (3) (b) Made any substantial misrepresentation with reference to a
11transaction injurious to a seller or purchaser party in which the broker, salesperson
12or time share salesperson licensee acts as agent;.
SB375,130 13Section 130. 452.14 (3) (c) of the statutes is amended to read:
SB375,46,1514 452.14 (3) (c) Made any false promises of a character such as to influence,
15persuade, or induce the seller or purchaser a party to his or her injury or damage;.
SB375,131 16Section 131. 452.14 (3) (d) of the statutes is amended to read:
SB375,46,1917 452.14 (3) (d) Pursued a continued and flagrant course of misrepresentation
18or made false promises through agents or salespersons other licensees or through
19advertising;.
SB375,132 20Section 132. 452.14 (3) (f) of the statutes is amended to read:
SB375,47,321 452.14 (3) (f) Accepted from any person except the broker's, salesperson's, or
22time-share salesperson's employer
firm with which the licensee is associated, if the
23broker, salesperson, or time-share salesperson is employed as a salesperson or
24time-share salesperson by a broker
licensee is associated with a firm, a commission
25or valuable consideration as a salesperson or time-share salesperson for the

1performance of any act specified in this chapter or as compensation for referring a
2person to another broker, salesperson, or time-share salesperson licensee or to any
3other person in connection with a transaction;.
SB375,133 4Section 133. 452.14 (3) (g) of the statutes is amended to read:
SB375,47,65 452.14 (3) (g) Represented or attempted to represent a broker other than the
6employer,
firm without the express knowledge and consent of the employer; firm.
SB375,134 7Section 134. 452.14 (3) (h) of the statutes is amended to read:
SB375,47,108 452.14 (3) (h) Failed, within a reasonable time, to account for or remit any
9moneys coming into the broker's, salesperson's or time-share salesperson's licensee's
10possession which belong to another person;.
SB375,135 11Section 135. 452.14 (3) (i) of the statutes is amended to read:
SB375,47,1412 452.14 (3) (i) Demonstrated incompetency to act as a broker, or salesperson or
13time-share salesperson
, whichever is applicable, in a manner which safeguards the
14interests of the public;.
SB375,136 15Section 136. 452.14 (3) (j) of the statutes is amended to read:
SB375,47,1716 452.14 (3) (j) Paid or offered to pay a commission or valuable consideration to
17any person for acts or services in violation of this chapter;.
SB375,137 18Section 137. 452.14 (3) (jm) of the statutes is amended to read:
SB375,47,2319 452.14 (3) (jm) Intentionally encouraged or discouraged any person from
20purchasing or renting real estate in a particular area on the basis of race. If the board
21finds that any broker, salesperson or time-share salesperson licensee has violated
22this paragraph, the board shall, in addition to any temporary penalty imposed under
23this subsection, apply the penalty provided in s. 452.17 (4);.
SB375,138 24Section 138. 452.14 (3) (k) of the statutes is amended to read:
SB375,48,3
1452.14 (3) (k) Been guilty of any other conduct, whether of the same or a
2different character from that specified herein, which that constitutes improper,
3fraudulent, or dishonest dealing;.
SB375,139 4Section 139. 452.14 (3) (L) of the statutes is amended to read:
SB375,48,65 452.14 (3) (L) Violated any provision of this chapter or any rule promulgated
6under this chapter;.
SB375,140 7Section 140. 452.14 (3) (m) of the statutes is amended to read:
SB375,48,88 452.14 (3) (m) Failed to use forms approved under s. 452.05 (1) (b); or.
SB375,141 9Section 141. 452.14 (3) (p) of the statutes is amended to read:
SB375,48,1110 452.14 (3) (p) Been convicted of a felony that is a bar to licensure or registration
11under s. 452.25 (1) (a).
SB375,142 12Section 142. 452.14 (4) of the statutes is amended to read:
SB375,48,1813 452.14 (4) If a broker firm is a business entity it shall be sufficient cause for
14reprimand or for the limitation, suspension, or revocation of a broker's the firm's
15license that any business representative of the business entity firm, or anyone who
16has a financial interest in or is in any way connected with the operation of a the
17firm's
brokerage business, has been guilty of any act or omission which that would
18be cause for refusing a broker's license to such person as an individual.
SB375,143 19Section 143. 452.14 (4m) (intro.) of the statutes is amended to read:
SB375,48,2220 452.14 (4m) (intro.) In addition to or in lieu of a reprimand or a revocation,
21limitation, or suspension of a license or certificate of registration under sub. (3), the
22board may do any of the following:
SB375,144 23Section 144. 452.14 (4m) (a) of the statutes is amended to read:
SB375,49,3
1452.14 (4m) (a) Assess against a person who is licensed or registered under this
2chapter
licensee a forfeiture of not more than $1,000 for each violation enumerated
3under sub. (3).
SB375,145 4Section 145. 452.14 (4m) (b) of the statutes is amended to read:
SB375,49,85 452.14 (4m) (b) Require a licensee to successfully complete education or
6training, in addition to any education or training required for licensure or
7registration
or for renewal of a license or certificate under this chapter, as a condition
8of continued licensure or registration or reinstatement of a license or certificate.
SB375,146 9Section 146. 452.14 (4r) of the statutes is amended to read:
SB375,49,1210 452.14 (4r) The board may assess against an individual who is licensed or
11registered under this chapter
a licensee who is an individual a forfeiture of $1,000
12for a violation under s. 452.25 (2) (a).
SB375,147 13Section 147. 452.142 of the statutes is created to read:
SB375,49,17 14452.142 Actions concerning licensees. (1) Notwithstanding s. 100.18 (11)
15(b) 3., 893.43, 893.52, or 893.57, an action concerning any act or omission of a licensee
16relating to the provision of brokerage services by the licensee shall be commenced
17within 2 years after whichever of the following that applies occurs first:
SB375,49,1818 (a) A transaction is completed or closed.
SB375,49,1919 (b) An agency agreement is terminated.
SB375,49,2020 (c) An unconsummated transaction is terminated or expires.
SB375,49,22 21(2) The period of limitation under this section may not be reduced by
22agreement.
SB375,148 23Section 148. 452.15 (1) and (2) of the statutes are amended to read:
SB375,50,424 452.15 (1) Except as otherwise provided in sub. (2), no license or certificate of
25registration
may be issued under this chapter to any person whose license or

1certificate
under this chapter has been revoked until the expiration of a period
2determined in each case by the board or, in the case of revocation under s. 452.17 (4)
3(a) 2., a period determined in each case by the board of not less than 5 years from the
4date the revocation became finally effective.
SB375,50,7 5(2) Issuance of a license or certificate of registration to an individual whose
6license or certificate is revoked under s. 452.14 (3) (p) is subject to the provisions in
7s. 452.25 (1).
SB375,149 8Section 149. 452.17 (2) of the statutes is repealed.
SB375,150 9Section 150. 452.17 (4) (a) of the statutes is amended to read:
SB375,50,1110 452.17 (4) (a) (intro.) If the board finds that any broker, salesperson or
11time-share salesperson
licensee has violated s. 452.14 (3) (jm), the board:
SB375,50,1312 1. Shall, for the first offense, suspend the license or registration of the broker,
13salesperson or time-share salesperson
licensee for not less than 90 days.
SB375,50,1514 2. Shall, for the 2nd offense, revoke the license or registration of the broker,
15salesperson or time-share salesperson
licensee.
SB375,151 16Section 151 . 452.17 (4) (a) 1. and 2. of the statutes, as affected by 2015
17Wisconsin Act .... (this act), are amended to read:
SB375,50,1918 452.17 (4) (a) 1. Shall, for the first offense, suspend the license or registration
19of the licensee for not less than 90 days.
SB375,50,2020 2. Shall, for the 2nd offense, revoke the license or registration of the licensee.
SB375,152 21Section 152. 452.19 (title) of the statutes is repealed and recreated to read:
SB375,50,22 22452.19 (title) Fees and commissions.
SB375,153 23Section 153. 452.19 of the statutes is renumbered 452.19 (1) and amended to
24read:
SB375,51,6
1452.19 (1) No licensed broker licensee may pay a fee or a commission or any
2part thereof for performing any act specified in this chapter or as compensation for
3a referral or as a finder's fee to any person who is not licensed or registered under
4this chapter or who is not regularly and lawfully engaged in the real estate brokerage
5business in another state, a territory or possession of the United States, or a foreign
6country.
SB375,154 7Section 154 . 452.19 (1) of the statutes, as affected by 2015 Wisconsin Act ....
8(this act), is amended to read:
SB375,51,139 452.19 (1) No licensee may pay a fee or a commission or any part thereof for
10performing any act specified in this chapter or as compensation for a referral or as
11a finder's fee to any person who is not licensed or registered under this chapter or who
12is not regularly and lawfully engaged in the real estate brokerage business in
13another state, a territory or possession of the United States, or a foreign country.
SB375,155 14Section 155. 452.19 (2) of the statutes is created to read:
SB375,51,1715 452.19 (2) If a licensee is associated with a firm, all fees or commission and any
16part thereof for performing any act specified in this chapter and all compensation for
17a referral or as a finder's fee shall be paid to the firm.
SB375,156 18Section 156. 452.20 of the statutes is amended to read:
SB375,51,25 19452.20 Limitation on actions for commissions. No person engaged in the
20business or acting in the capacity of a broker, or salesperson or time-share
21salesperson
within this state may bring or maintain an action in the courts of this
22state for the collection of a commission or compensation for the performance of any
23act mentioned in this chapter without alleging and proving that he or she was a duly
24licensed broker, or salesperson or registered time-share salesperson at the time the
25alleged cause of action arose.
SB375,157
1Section 157. 452.21 of the statutes is amended to read:
SB375,52,5 2452.21 Compensation presumed. In any prosecution for violation of this
3chapter, proof that a person acted as a broker, agent, or salesperson or time-share
4salesperson
is prima facie proof that compensation therefor was received or
5promised.
SB375,158 6Section 158. 452.22 (2) of the statutes is amended to read:
SB375,52,157 452.22 (2) The certificate of the chairperson of the board or his or her designee
8to the effect that a specified individual or business entity is not or was not on a
9specified date the holder of a broker's, or salesperson's, or time-share salesperson's
10license or registration, or that a specified license or registration was not in effect on
11a date specified, or as to the issuance, limitation, suspension, or revocation of any
12license or registration or the reprimand of any license or registration holder licensee,
13the filing or withdrawal of any application or its existence or nonexistence, is prima
14facie evidence of the facts stated in the certificate for all purposes in any action or
15proceedings.
SB375,159 16Section 159. 452.23 (1) of the statutes is amended to read:
SB375,52,2117 452.23 (1) A broker or salesperson No licensee may not disclose to any person
18in connection with the sale, exchange, purchase, or rental of real property
19information, the disclosure of which constitutes unlawful discrimination in housing
20under s. 106.50 or unlawful discrimination based on handicap under 42 USC 3604,
213605, 3606, or 3617.
SB375,160 22Section 160. 452.23 (2) (intro.) of the statutes is amended to read:
SB375,52,2523 452.23 (2) (intro.) A broker or salesperson licensee is not required to disclose
24any of the following to any person in connection with the sale, exchange, purchase,
25or rental of real property:
SB375,161
1Section 161. 452.23 (2) (b) of the statutes is amended to read:
SB375,53,102 452.23 (2) (b) Except as provided in sub. (3), information relating to the
3physical condition of the property or any other information relating to the real estate
4transaction, if a written report that discloses the information has been prepared by
5a qualified 3rd party and provided to the person. In this paragraph, "qualified 3rd
6party" means a federal, state, or local governmental agency, or any person whom the
7broker, salesperson licensee or a party to the real estate transaction reasonably
8believes has the expertise necessary to meet the industry standards of practice for
9the type of inspection or investigation that has been conducted by the 3rd party in
10order to prepare the written report.
SB375,162 11Section 162. 452.23 (3) of the statutes is amended to read:
SB375,53,1412 452.23 (3) A broker or salesperson licensee shall disclose to the parties to a real
13estate transaction any facts known by the broker or salesperson licensee that
14contradict any information included in a written report described under sub. (2) (b).
SB375,163 15Section 163. 452.23 (4) of the statutes is amended to read:
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