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Key Definitions Under RCW 18.85.011
licensing The chapter defines core roles. A 'designated broker' is a natural person who owns a sole proprietorship firm, or a person with a controlling interest designated by a business entity to act for the firm, whose managing broker license carries a 'designated broker' endorsement. A 'managing broker' acts on behalf of a firm under the designated broker's supervision and may supervise other brokers. A 'licensee' is anyone holding a firm, managing broker, or broker license. 'Controlling interest' means the ability to control operational or financial decisions of a firm.
Key Rules
- ✓A designated broker must be a natural person who either owns a sole proprietorship or has a controlling interest and is designated by the business entity
- ✓A managing broker works under the designated broker's supervision and may supervise other brokers/managing brokers
- ✓A 'licensee' includes real estate firms, managing brokers, and brokers
- ✓'Commission' means the real estate commission of Washington; 'Department' means the Department of Licensing; 'Director' means the director of the Department of Licensing
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Real Estate Brokerage Services Defined
licensing 'Real estate brokerage services' covers services offered directly or indirectly to another for compensation (or by a licensee on their own behalf), including: listing, selling, purchasing, exchanging, optioning, leasing, or renting real estate; negotiating such transactions; advertising or holding oneself out as engaged in brokerage; advising/counseling buyers, sellers, landlords, or tenants; issuing a broker's price opinion (BPO); collecting/holding/disbursing transaction funds; and performing property management services (marketing, leasing, renting, maintenance, or supervision thereof).
Key Rules
- ✓A broker's price opinion (BPO) is an oral or written report of property value prepared by a licensee and is NOT an appraisal unless it complies with chapter 18.140 RCW
- ✓Brokerage services include property management such as marketing, leasing, renting, and physical/administrative/financial maintenance
- ✓Compensation, or the promise/expectation of compensation, triggers the brokerage services definition
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Inactive License and Independent Contractor Definitions
licensing An 'inactive license' is a license that is not expired but is not affiliated with a firm; the holder may not conduct real estate brokerage services. An 'independent contractor relationship' exists when no written agreement makes the broker an employee AND substantially all compensation is for real estate brokerage services provided by the firm. This status does not relieve the managing broker or firm of supervisory duties.
Key Rules
- ✓An inactive license is not expired but is not affiliated with a firm
- ✓Independent contractor status does not relieve the firm/managing broker of supervisory duties
- ✓Independent contractor requires no employee written agreement plus substantially all compensation being for real estate services
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Real Estate Firm Definition
licensing A 'real estate firm' or 'firm' means a sole proprietorship, partnership, LLP, corporation, LLC, or other legally recognized business entity conducting real estate brokerage services in Washington and licensed by the department as a real estate firm.
Key Rules
- ✓A firm must be licensed by the department as a real estate firm to conduct brokerage services
- ✓A firm may be organized as a sole proprietorship, partnership, LLP, corporation, LLC, or other legal entity
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Real Estate Commission Composition
licensing The real estate commission consists of the director (who chairs it) plus six members serving in an advisory capacity to the director. The governor appoints the six members for six-year terms. At least two members must come from west of the Cascades and at least two from east of the Cascades. Members need at least five years' experience in brokerage services or at least three years in similar investigative work. The commission meets four times a year or at the director's call.
Key Rules
- ✓The commission has the director as chair plus six governor-appointed advisory members serving six-year terms
- ✓At least two members must be from west of the Cascades and at least two from east of the Cascades
- ✓Members need 5 years' brokerage experience or 3 years' related investigative experience
- ✓The commission meets four times per year or at the call of the director
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Director's Powers and Real Estate Education
licensing The director, with commission advice/approval, issues rules governing brokers, managing brokers, designated brokers, and firms. The director enforces licensing laws, grants/denies licenses, holds hearings, sets reciprocity standards, may require criminal background checks (applicant pays), adopts advertising standards, and runs a real estate education program including minimum continuing education levels. The director may discipline real estate schools/instructors with sanctions up to $1,000 per day per violation.
Key Rules
- ✓The director may require all applicants to submit to a criminal background check at the applicant's expense
- ✓The director sets standards for reciprocity/licensure of out-of-jurisdiction applicants including written recognition agreements
- ✓Fines against real estate schools may not exceed $1,000 per day per violation, each day being a separate violation
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Controlling Interest - Title Insurance Prohibited Practices
disclosures Real estate licensees or persons with a controlling interest in a real estate business may not give or receive kickbacks/fees to induce title insurance business where they have a financial interest, may not solicit or accept anything of value a title company is prohibited from giving, and may not require a consumer to obtain title insurance from a title agent in which the licensee has a financial interest as a condition of service. They also cannot bar delivery of appropriate title insurance promotional material meeting stated conditions.
Key Rules
- ✓Licensees may not give or accept kickbacks/things of value related to title insurance business where they have a financial interest
- ✓A licensee may not require a consumer to use a title agent in which the licensee has a financial interest as a condition of providing service
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License Fees and Real Estate Commission Account
licensing All fees under the chapter are set by the director per RCW 43.24.086, paid to the state treasurer, and placed in the real estate commission account. All money from fines is deposited in the real estate education program account (RCW 18.85.321).
Key Rules
- ✓License fees are set by the director and deposited into the real estate commission account
- ✓Money from fines goes to the real estate education program account
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Director/Employee Business Interest and Government Employee Licensees
licensing While employed with the department, the director and employees who regulate real estate must relinquish interest in any regulated real estate business; a licensee employed by the director has their license placed on inactive status until employment ends. Persons licensed under this chapter employed by a town, city, or county conducting transactions on behalf of that government may hold active licenses, and their designated/managing brokers are not responsible for those transactions.
Key Rules
- ✓A licensee employed by the director is placed on inactive status until the employment ends
- ✓City/county/town employee licensees conducting transactions for their government employer may hold active licenses, and their supervising brokers are not responsible for those transactions
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Firm License Requirements
licensing To be licensed, a firm must designate a managing broker as the 'designated broker' with authority to act for the firm and provide owner/controlling-interest names, assure no controlling-interest person is subject to a final order suspending/revoking a license, and not adopt a name that is the same/similar to existing licenses or implies it is a nonprofit, research, public bureau, or group. The application requires the firm name, UBI number, business addresses, contact info, application fee, and other required information. Renewal requires the renewal fee and notice of any change in controlling interest or secretary of state registration.
Key Rules
- ✓A firm must designate a managing broker as 'designated broker' with authority to act for the firm
- ✓A firm cannot adopt a name the same/similar to existing licenses or implying nonprofit/research/public status
- ✓The firm must provide a unified business identifier (UBI) number and notify the department of controlling-interest changes at renewal