AB456,157
1Section 157. 452.21 of the statutes is amended to read:
AB456,52,5 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.
AB456,158 6Section 158. 452.22 (2) of the statutes is amended to read:
AB456,52,157 452.22 (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.
AB456,159 16Section 159. 452.23 (1) of the statutes is amended to read:
AB456,52,2117 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.
AB456,160 22Section 160. 452.23 (2) (intro.) of the statutes is amended to read:
AB456,52,2523 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:
AB456,161
1Section 161. 452.23 (2) (b) of the statutes is amended to read:
AB456,53,102 452.23 (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.
AB456,162 11Section 162. 452.23 (3) of the statutes is amended to read:
AB456,53,1412 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).
AB456,163 15Section 163. 452.23 (4) of the statutes is amended to read:
AB456,53,2016 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.
AB456,164 21Section 164. 452.24 (2) of the statutes is amended to read:
AB456,54,322 452.24 (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.
AB456,165 4Section 165. 452.25 (1) (a) of the statutes is amended to read:
AB456,54,85 452.25 (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.
AB456,166 9Section 166. 452.25 (1) (b) of the statutes is amended to read:
AB456,54,1610 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.
AB456,167 17Section 167. 452.25 (1) (c) 2. of the statutes is amended to read:
AB456,54,2018 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.
AB456,168 21Section 168. 452.25 (1) (d) of the statutes is amended to read:
AB456,54,2322 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.
AB456,169 24Section 169. 452.25 (1) (e) of the statutes is amended to read:
AB456,55,5
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.
AB456,170 6Section 170. 452.25 (2) (b) of the statutes is amended to read:
AB456,55,107 452.25 (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.
AB456,171 11Section 171. 452.30 of the statutes is created to read: