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: