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under this chapter has been revoked until the expiration of a period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SB375,149 8Section 149. 452.17 (2) of the statutes is repealed.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:
SB375,53,2016 452.23 (4) In performing an investigation or inspection and in making a
17disclosure in connection with a real estate transaction, a broker or salesperson
18licensee shall exercise the degree of care expected to be exercised by a reasonably
19prudent person who has the knowledge, skills, and training required for licensure
20as a broker or salesperson under this chapter.
SB375,164 21Section 164. 452.24 (2) of the statutes is amended to read:
SB375,54,322 452.24 (2) Notwithstanding sub. (1), the broker or salesperson licensee is
23immune from liability for any act or omission related to the disclosure of information
24under sub. (1) if the broker or salesperson licensee in a timely manner provides to
25the person requesting the information written notice that the person may obtain

1information about the sex offender registry and persons registered with the registry
2by contacting the department of corrections. The notice shall include the appropriate
3telephone number and Internet site of the department of corrections.
SB375,165 4Section 165. 452.25 (1) (a) of the statutes is amended to read:
SB375,54,85 452.25 (1) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, and except
6as provided in pars. (b) to (e), no applicant who is an individual may be issued a
7broker's or salesperson's license or a time-share salesperson's certificate of
8registration
if the applicant has been convicted of a felony.
SB375,166 9Section 166. 452.25 (1) (b) of the statutes is amended to read:
SB375,54,1610 452.25 (1) (b) If an applicant has been convicted of a felony described under par.
11(a); the applicant has completed the confinement portion of his or her sentence, if the
12applicant is serving a bifurcated sentence, or has been released from prison to parole
13or released upon the completion of his or her sentence; and 3 years have elapsed since
14the date on which the confinement portion was completed or the applicant was
15released, the applicant may apply to the board for a determination as to whether the
16applicant is suitable to be granted a license or certificate.
SB375,167 17Section 167. 452.25 (1) (c) 2. of the statutes is amended to read:
SB375,54,2018 452.25 (1) (c) 2. Reviewing any supplemental information provided by the
19applicant bearing upon his or her suitability for licensure as a broker or salesperson
20or for registration as a time-share salesperson.
SB375,168 21Section 168. 452.25 (1) (d) of the statutes is amended to read:
SB375,54,2322 452.25 (1) (d) With respect to a determination under par. (c), the applicant
23bears the burden of demonstrating his or her suitability for licensure or registration.
SB375,169 24Section 169. 452.25 (1) (e) of the statutes is amended to read:
SB375,55,5
1452.25 (1) (e) If the board makes a determination under par. (c) to allow an
2applicant to be granted a broker's or salesperson's license or a time-share
3salesperson's certificate of registration
, the applicant shall be granted the license or
4certificate
if the applicant satisfies all other requirements for granting the license
5or certificate of registration.
SB375,170 6Section 170. 452.25 (2) (b) of the statutes is amended to read:
SB375,55,107 452.25 (2) (b) No applicant may be issued an initial broker's or salesperson's
8license or time-share salesperson's certificate of registration, and no applicant may
9renew such a license or certificate, if the applicant has violated par. (a) and failed to
10pay any forfeiture assessed by the board under s. 452.14 (4r) for that violation.
SB375,171 11Section 171. 452.30 of the statutes is created to read:
SB375,55,13 12452.30 Association with firm; independent practice. (1) No licensee may
13provide brokerage services on behalf of a firm unless all of the following apply:
SB375,55,1414 (a) The licensee is associated with the firm.
SB375,55,1615 (b) The licensee has notified the department that the licensee is associated with
16the firm.
SB375,55,18 17(2) A licensee may notify the department that the licensee is associated with
18a firm under sub (1) (b) by doing one of the following:
SB375,55,2119 (a) Providing the notice at the time the licensee first applies for licensure as a
20broker or salesperson. No separate fee for notifying the department may be required
21for such a notification under this paragraph.
SB375,55,2322 (b) Notifying the department through the use of a form prescribed by the
23department and paying the transfer fee specified in s. 440.05 (7).
SB375,56,3
1(3) A licensee who is associated with a firm may notify the department that the
2licensee has become associated with another firm using the method specified in sub.
3(2) (b).
SB375,56,6 4(4) (a) A licensee that ceases to be associated with a firm shall, through the use
5of a form prescribed by the department, send written notice to the department within
610 days after the date on which the licensee ceases to be associated with the firm.
SB375,56,97 (b) A firm that terminates a licensee from being associated with the firm shall,
8through the use of a form prescribed by the department, send written notice of that
9termination to the department within 10 days after the termination.
SB375,56,14 10(6) (a) A broker who is associated with a firm may also engage in independent
11real estate practice in his or her own name or under the name of a licensed broker
12business entity, if the broker obtains written approval from and avoids conflicts of
13interest with each firm with which the broker is associated. The written approval
14shall specify all of the following:
SB375,56,1615 1. Whether the broker engaging in independent practice may engage other
16licensees to work under the broker.
SB375,56,1817 2. That the broker engaging in independent practice is responsible for the
18supervision of any licensees associated with the broker.
SB375,56,2219 (b) Before engaging in independent practice as provided in par. (a), a broker
20shall notify the department of that fact and of the name under which the broker will
21engage in independent practice. The broker shall notify the department using any
22form or other method prescribed by the department for that purpose.
SB375,56,2523 (c) A broker that is engaging in independent practice shall not be considered
24to be associated with a firm that approved the broker engaging in independent
25practice under par. (a) with respect to the broker's independent practice activities.
SB375,57,1
1(7) (a) A salesperson may be associated with only one firm at a given time.
SB375,57,42 (b) A salesperson or time-share salesperson may not engage in independent
3real estate practice and may engage in real estate practice only when associated with
4a firm.
SB375,172 5Section 172. 452.30 (7) (b) of the statutes, as created by 2015 Wisconsin Act
6.... (this act), is amended to read:
SB375,57,97 452.30 (7) (b) A salesperson or time-share salesperson may not engage in
8independent real estate practice and may engage in real estate practice only when
9associated with a firm.
SB375,173 10Section 173. 452.34 of the statutes is created to read:
SB375,57,14 11452.34 Unlicensed personal assistants. (1) In this subsection, "unlicensed
12personal assistant" means an individual, including an individual who is licensed
13under this chapter, who is employed only to provide services for which a license is not
14required under this chapter as provided in s. 452.03 (2).
SB375,57,20 15(2) A licensee associated with a firm, prior to retaining an individual to serve
16as an unlicensed personal assistant, shall enter into a written agreement with the
17licensee's firm, setting forth the duties of the unlicensed personal assistant, the
18manner in which the unlicensed personal assistant will be compensated for his or her
19services, and the responsibilities of the licensee and the firm with respect to
20supervision of the unlicensed personal assistant's activities.
SB375,57,22 21(3) (a) In this subsection, "open house" means a showing of real estate open to
22the public for viewing without an individual appointment.
SB375,58,223 (b) An unlicensed personal assistant may not assist a licensee at an open house
24for the sale of real estate or a business without the direct, on-premises supervision

1and presence of a licensee, and may not provide any services at an open house for
2which a license is required under this chapter.
SB375,174 3Section 174. 452.38 of the statutes is created to read:
SB375,58,10 4452.38 Independent contractor relationship. (1) Notwithstanding the
5applicable definitions or meanings of employee under chs. 102, 103, 104, 108, and
6109, under subch. X of ch. 71 and subch. II of ch. 111, under any rule, and under any
7other law, and in any action or proceeding under the common law, a licensee shall not,
8under ch. 102, 103, 104, 108, or 109, under subch. X of ch. 71 or subch. II of ch. 111,
9under any rule, or under any other law, or in any action or proceeding under the
10common law, be considered an employee of a firm if all of the following are satisfied:
SB375,58,1211 (a) A written agreement has been entered into with the firm that provides that
12the licensee shall not be treated as an employee for federal and state tax purposes.
SB375,58,1613 (b) Seventy-five percent or more of the compensation related to sales or other
14output, as measured on a calendar year basis, paid to the licensee pursuant to the
15written agreement referenced under par. (a) is directly related to the brokerage
16services performed by the licensee on behalf of the firm.
SB375,58,18 17(2) (a) Subsection (1) applies notwithstanding the requirements and
18responsibilities of a firm under s. 452.132 and any rules promulgated by the board.
SB375,58,2119 (b) Subsection (1) applies regardless of the licensee's status as a supervising
20broker under s. 452.132 and any actions taken by the licensee as a supervising broker
21under s. 452.132.
SB375,58,24 22(3) In the case of an individual who is engaged as both an independent
23contractor and an employee for the same firm, sub. (1) applies only with respect to
24activities covered under the written agreement referenced under sub. (1) (a).
SB375,175 25Section 175. 452.40 of the statutes is created to read:
SB375,59,4
1452.40 Use of forms; provision of legal advice. (1) (a) In this subsection,
2"use a form" means to complete a form by filling in blanks or modifying printed
3provisions on the form at the instruction of one or more parties with whom a licensee
4is working or representing in a specific transaction.
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