WAC 308-124A-727 Application as broker license for interim period +31Washington · Real Estate · English

Broker license applicants may commence working on or after the postmark date of delivery to the department of: notice of passing the exam, the license application form, verification that the vendor fingerprint process was followed, and license fees. The completed application serves as an interim license for up to 45 days unless grounds exist for disciplinary action under RCW 18.235.130 and 18.85.361.

• ✓Applicants may begin working on or after the postmark date of the four required items
• ✓Required items include exam notice, application, fingerprint verification, and fees
• ✓The completed application form serves as an interim license for up to 45 days

Out-of-state licensees with equivalent licenses may perform acts requiring a license only for commercial real estate if they work in cooperation with a Washington designated broker, enter a written cooperation agreement, furnish a copy of their current license, consent to Washington jurisdiction, include the Washington broker's name on advertising, and deposit all documentation with the Washington broker for three years.

• ✓Out-of-state licensees may only handle commercial real estate in Washington
• ✓They must work with and be overseen by a Washington designated broker under written agreement
• ✓They must consent to Washington jurisdiction and retain records for three years

Schools offering courses in symposium/conference format with two or more modules of independent instruction may issue completion certificates for fewer clock hours than originally approved. Students must complete a minimum of three clock hours to receive clock hour credit.

• ✓Symposium/conference courses require two or more modules of independent instruction to issue reduced clock hour certificates
• ✓Students must complete a minimum of three clock hours of instruction to receive clock hour credit

A broker or managing broker may perform duties only under the supervision of a managing broker, branch manager, or designated broker as a firm representative. The relationship may be terminated unilaterally. All terminations require written notice, and notice to the real estate program must be given without delay accompanied by surrender of the license. The designated broker may not condition surrender of the license upon performance of any act.

• ✓The licensed relationship may be terminated unilaterally by either party
• ✓All terminations must be by written notice
• ✓Notice to the real estate program must include surrender of the license
• ✓A designated broker may not condition license surrender on performance of any act

The termination date is the postmark date, fax date, or hand-delivery date to the real estate program. If a license cannot be surrendered because it is lost, the licensee and responsible managing broker/branch manager/designated broker must submit a letter of release. No license transfers are permitted unless the license is surrendered or a letter of release is filed.

• ✓Termination date is the postmark, fax, or hand-delivery date to the real estate program
• ✓A lost license requires a letter of release from the licensee and responsible broker
• ✓No transfers are permitted without license surrender or a filed letter of release

The department may investigate or audit any course on its own motion or upon complaint to determine compliance with chapter 18.85 RCW. Complaints should be made in writing and include complainant/school info, instructor names, nature of complaint with dates, resolution efforts, and supporting documents.

• ✓The department may investigate or audit any course on its own motion or upon complaint
• ✓Complaints should be made in writing and include the complainant's name, address, and telephone number

Course approval may be denied or withdrawn for false/incomplete applications, improper use of reserved title phrases, misleading titles, failure to update materials within thirty days, failure to submit content changes for approval before use, failure to meet requirements, or approval through the director's mistake.

• ✓Submitting a false or incomplete course application is grounds for denial or withdrawal
• ✓Failure to update course materials within thirty days of a statute or rule change is grounds for withdrawal
• ✓Course content or material changes must be submitted for approval before using the changed content

Upon course denial, disapproval, or withdrawal, a person is entitled to a hearing under the Administrative Procedure Act (chapter 34.05 RCW). A hearing must be requested within twenty days of receiving the notice. Aggrieved persons may seek judicial review.

• ✓A hearing must be requested within twenty days after receipt of the notice of denial, disapproval, or withdrawal
• ✓Hearings are conducted under the Administrative Procedure Act, chapter 34.05 RCW

The director may allow substitution of clock-hour requirements for broker (18.85.101(1)(c)) and managing broker (18.85.111(1)(d)) licenses if the applicant is similarly qualified by equivalent coursework at an institution of higher education or degree-granting institution approved by the director. The director establishes guidelines by rule.

• ✓Clock hours may be substituted with equivalent higher-education coursework
• ✓The director establishes equivalency guidelines by rule

School and school administrator approval is required before offering courses for clock hour credit. Applications use department forms and are approved based on commission criteria. School approval expires two years after the effective date. Schools cannot promote courses or issue certificates before approval, and similar school names are not granted approval.

• ✓School approval expires two years after the effective date of approval
• ✓No school may promote a course for clock hour credit prior to school approval
• ✓School names similar to those currently approved shall not be granted approval

The chapter does not apply to: persons buying/selling property for their own account and employees; attorneys-in-fact acting without compensation; attorneys practicing law; receivers, trustees, executors, guardians, and court-appointed persons; office personnel not engaging in defined activities; government employees acquiring right-of-way/eminent-domain property; self-service storage operators (as to storage space); referral-only persons not paid contingent on the licensee's compensation; CPAs, escrow agents, and investment counselors who do not promote specific real property interests; and common interest community managers.

• ✓Persons dealing in property for their own account are exempt
• ✓Attorneys-at-law practicing law and court-appointed fiduciaries are exempt
• ✓CPAs, escrow agents, and investment counselors are exempt only if they do not promote a specific real property interest

Persons employed by or on behalf of an owner or designated/managing broker are exempt if limited to: delivering/receiving lease applications/leases/amendments and payments made payable to the firm or owner; showing rental units or executing leases under direct instruction; providing information about rentals/leases/deposits/rents; or assisting with administrative, clerical, financial, or maintenance tasks.

• ✓Unlicensed assistants may show units only under direct instruction of the owner or broker
• ✓Payments received must be made payable to the real estate firm or owner
• ✓Exempt activities are limited to defined administrative and clerical property management tasks

Licenses issued to firms expire two years from the date of issuance.

• ✓Firm licenses expire two years from the date of issuance
• ✓The expiration period applies to all firm licenses

Firm applicants apply on a prescribed form; broker/managing broker applicants pay an exam fee and pass an exam. Applicants furnish proof of honesty, truthfulness, good reputation, and identity (including fingerprints/background checks). Business entities (except general partnerships) must register with the secretary of state and list governors/officers/members/partners. Unless a corporation or LLC, applicants complete a fingerprint-based background check through the Washington State Patrol and FBI.

• ✓Applicants must furnish proof of honesty, truthfulness, and good reputation
• ✓A fingerprint-based background check through WSP and FBI is required except for corporations/LLCs
• ✓Business entities except general partnerships must register with the secretary of state

The director ascertains by written exam that applicants have knowledge of English (reading, writing, math); principles of conveying real estate and legal effect of deeds, finance contracts, and leases; principles of investment, valuation, and appraisals; broker agency relationships; principles of practice and business ethics; and chapters 18.86, 18.235, and 18.85 RCW. The managing broker exam is more exacting than the broker exam.

• ✓The exam covers agency relationships, conveyancing, valuation, and ethics
• ✓The managing broker examination is more exacting than the broker examination

Applicants for renewal of a firm license must furnish proof of a current master business license renewed by authority of the secretary of state.

• ✓Firm renewal requires proof of a current master business license
• ✓The master business license must be renewed by authority of the secretary of state

If no changes exist in the original approval application, a previously approved school/administrator is approved upon renewal application and fee. If changes exist, a full application and fees are required. Submitting a renewal at least thirty days before expiration keeps previous approval in effect until action is taken.

• ✓Applications with no changes are processed as renewals; applications with changes require a full approval application and fees
• ✓Submitting a renewal at least thirty days before expiration keeps the previous approval in effect until action is taken

A license expires two years from issuance. Business-entity firm licenses expire when the secretary of state registration/certificate of authority expires. Licenses renew every two years with a biennial renewal fee. If the renewal application is late, a penalty fee applies; acceptance after the renewal date is not a waiver of delinquency. A license not renewed within one year of expiration is canceled, requiring a new license.

• ✓A license expires two years from the issuance date
• ✓Late renewal requires a penalty fee and acceptance is not a waiver of delinquency
• ✓A license is canceled if not renewed within one year of expiration

Applicants must complete 90 clock hours of approved real estate instruction in addition to hours used to satisfy other chapter 18.85 RCW requirements. Instruction must include courses in advanced real estate law, real estate brokerage management, and business management. Each course must be approved subject matter (WAC 308-124H-820), at least 30 clock hours long, include a comprehensive exam, and be completed within three years prior to applying.

• ✓Applicants must complete 90 clock hours of approved instruction beyond other requirements
• ✓Required courses: advanced real estate law, brokerage management, and business management
• ✓Each course must be at least 30 clock hours with a comprehensive examination
• ✓Courses must be completed within three years prior to applying

Courses in advanced real estate law, brokerage management, and business management used for continuing education within three years of applying satisfy subsection (1) if the applicant passed a comprehensive examination. However, if such classes were submitted to satisfy other CE requirements, the applicant must provide additional approved course work.

• ✓Qualifying CE courses within three years can satisfy the requirement if a comprehensive exam was passed
• ✓Classes already used for other CE requirements require additional approved coursework

A school approval application, attested by the administrator, must include the complete legal name, contact info, and establishment date; form of ownership; corporate registration evidence; administrator name and experience; and the required publication and course description.

• ✓The application must be attested by the school administrator responsible for school administration
• ✓The application must include ownership form, corporate registration evidence, and administrator experience
• ✓Required publication (WAC 308-124H-907) and course description (WAC 308-124H-910) must be included

Each administrator must ensure the school, courses, and instructors are currently approved; verify instructor topic approval; sign completion certificates; maintain records for five years; safeguard exams; supervise staff; review course currency; provide curriculum and evaluation forms; and enter broker candidate completion dates promptly.

• ✓Administrators must maintain all required records for five years including attendance records and course evaluations
• ✓Administrators must ensure the school, courses, and instructors are all currently approved before offering clock hour courses
• ✓Administrators must enter all broker candidates' completion dates into the testing center's database promptly

Responsibility for the conduct of a broker, managing broker, or branch manager rests with the designated broker to whom they are licensed. In addition, a branch manager is responsible for brokers and managing brokers operating under them at a branch office.

• ✓The designated broker is responsible for the conduct of licensees under the firm
• ✓A branch manager is additionally responsible for licensees at the branch office

The director may allow substitution of the clock hour requirements in RCW 18.85.141 and 18.85.111 if the individual completed equivalent coursework at an institution of higher education or degree-granting institution. Applicants must submit a transcript with the license examination application, and the department may require certification that the coursework satisfies prescribed content or curriculum.

• ✓The director may allow substitution for equivalent higher education coursework
• ✓Applicants must submit a transcript together with the license examination application
• ✓The department may require institutional certification of curriculum equivalence

All brokers and managing brokers must complete at least 30 clock hours of approved instruction every two years to renew. Up to 15 excess clock hours from the immediately preceding two-year period may be carried forward. Examinations are not required to fulfill CE. For active renewals, three of the 30 hours must focus on fair housing education per RCW 49.60.222 (or six hours for those who did not take fair housing/consumer protection under 18.85.101, for the cycle after June 1, 2022).

• ✓30 clock hours of approved instruction are required every two years
• ✓Up to 15 excess clock hours may be carried forward to the next period
• ✓Active renewals require 3 hours focused on fair housing education

To pass the broker examination, a minimum scaled score of 70 is required on each portion. The exam has two portions: the national portion testing general real estate practices and the state portion testing Washington laws and regulations related to real estate licensing.

• ✓Broker exam requires a minimum scaled score of 70 on each portion
• ✓The broker exam consists of a national portion and a Washington state portion

To pass the managing broker examination, a minimum scaled score of 75 is required on each portion. The national portion uses simulation questions testing general brokerage practices including information gathering and decision-making aspects, requiring a minimum scaled score of 75 on each aspect. The state portion uses simulation questions on Washington laws and the closing/settlement process.

• ✓Managing broker exam requires a minimum scaled score of 75 on each portion
• ✓The national portion is simulation-based covering information gathering and decision-making
• ✓A minimum score of 75 is required on each aspect to pass the national portion

A passing score for a portion of an examination is valid for a period of six months.

• ✓A passing score for an exam portion is valid for six months
• ✓This validity applies to individual portions of the examination

An affiliated representative is a person employed by or associated with an approved school, authorized by the administrator to conduct orientation sessions, provide procedural advice, perform student progress audits, and other delegated tasks not requiring course content interpretation. Responsibility rests with the school administrator.

• ✓Affiliated representatives may not perform tasks requiring interpretation of course content or subject matter expertise
• ✓Responsibility for the affiliated representative's tasks rests with the approved school administrator

No license authorizes any person other than the named person to act under it, nor to operate under any other name than that on the license. A firm may use one or more assumed names but must obtain a separate license for each assumed name before use. All brokerage services must be conducted in the name of the firm or its licensed assumed name(s).

• ✓A firm must obtain a separate license for each assumed name before using it
• ✓All brokerage services must be conducted in the firm's licensed name or assumed name

An applicant who failed the examination or failed to appear for a scheduled exam may apply for reexamination by contacting the testing service to schedule and pay. Managing broker applicants who applied using alternate qualifications and failed must comply with WAC 308-124A-750 (the standard clock hour requirements).

• ✓Failed or no-show applicants may reapply by contacting the testing service to schedule and pay
• ✓Managing broker applicants who used alternate qualifications and failed must comply with WAC 308-124A-750

School applicants and approved schools must report consent orders with the FTC or other jurisdictions and any final actions against the school, administrator, owners, officers, or directors by federal/state agencies, courts, or accrediting commissions, and inform the department of corrective actions. Schools may not purposely avoid knowledge; traffic violations are excluded.

• ✓Schools must report final actions taken against the school, administrator, owners, officers, or directors by government agencies or accrediting commissions
• ✓Final actions do not include traffic violations or traffic convictions
• ✓Schools shall not purposely avoid gaining knowledge of such actions

Every licensed firm must maintain an office or records depository accessible in Washington to the director's representatives and must maintain and produce a complete set of required records. The director may prescribe rules for alternative and electronic record storage.

• ✓A firm must maintain an accessible Washington office or records depository
• ✓A firm must maintain and produce a complete set of required records

A designated broker may apply to establish branch offices under the same firm name, paying a fee; a duplicate license is issued for each and displayed at that office. Each branch must have a branch manager who is a managing broker authorized by the designated broker. A branch office license is not required where sales activity is limited to a subdivision/tract if a licensed office is within 35 miles.

• ✓Each branch office must have a branch manager who is a managing broker
• ✓No branch license is needed for subdivision/tract activity within 35 miles of a licensed office

A designated broker, managing broker, or firm must give written notice to the director of any change of business or records depository location. Upon surrender of the original license and payment of a fee, the director issues a new license covering the new location.

• ✓Written notice to the director is required for any change of business location
• ✓A new license covering the new location is issued upon surrender of the original and fee payment

Each applicant must present one piece of valid government-issued photo identification; failure results in refused admission. Applicants are prohibited from talking to other examinees (unless permitted), communicating or recording information, using unauthorized materials, removing test materials or notes, and disruptive behavior.

• ✓Applicants must present valid government-issued photo ID or be refused admission
• ✓Prohibited acts include talking to examinees, recording information, and using unauthorized materials
• ✓Removing test materials/notes and disruptive behavior are prohibited

Applicants who engage in prohibited activities must turn in materials, leave the site, and forfeit their opportunity to sit; their answer sheet is voided (not scored) with no fee refund, and they must reapply. Any applicant removed for a violation must submit a letter requesting permission to retest; after review of the proctor's report and letter, the department may deny testing for up to one year.

• ✓Violators forfeit the exam, have their answer sheet voided, and receive no fee refund
• ✓Removed applicants must submit a letter requesting permission to retest
• ✓The department may deny testing for up to one year after review

Each school must have a publication available to students including date of publication, school name/address/administrator/phone, course list, prerequisites, and school policies on admission, dismissal/readmission, attendance, standards of progress/grading, and refund policy. It must include the mandated department approval statement and dated supplements to maintain accuracy.

• ✓The publication must include the statement that the school is approved under chapter 18.85 RCW with the Department of Licensing inquiry address
• ✓It must describe refund policy, admission procedures, attendance requirements, and standards of progress
• ✓Dated supplements or errata sheets must maintain accuracy of information

A license delivered to the director is deemed inactive; the holder cannot conduct brokerage services until reissued. An inactive license may be renewed like an active one but without meeting education requirements of 18.85.101(1)(c) or 18.85.211. To reactivate after being inactive more than three years, the holder must complete a 30 clock hour real estate course within one year before applying (state-employed holders are exempt). Denial/suspension/revocation provisions apply, and once suspension/revocation proceedings begin the license remains inactive until completed.

• ✓An inactive licensee cannot conduct brokerage services until the license is reissued
• ✓Reactivation after more than three years inactive requires a 30 clock hour course within one year
• ✓Failure to renew results in cancellation the same as an active license

Fees effective for licenses/services on or after September 1, 2021 include a $20 real estate research center fee within original/renewal fees. Broker: application/examination $210, reexamination $210, original license $233, renewal $233, late renewal with penalty $273, print fee $5, certification $40. Managing broker: application/examination $210, reexamination $210, original license $330, renewal $330, late renewal with penalty $370, print fee $5, certification $40.

• ✓Broker application/examination and reexamination fees are each $210
• ✓Broker original license and renewal are each $233; managing broker are each $330
• ✓Original and renewal fees include a $20 real estate research center fee
• ✓Late renewal with penalty is $273 (broker) and $370 (managing broker)

Real estate firm and assumed name license: original license $304, renewal $304, late renewal with penalty $345, print fee $5, certification $40. Real estate branch: original license $288, renewal $288, late renewal with penalty $329, certification $40, print fee $5. Fingerprint processing fees are per vendor schedule, and rejected fingerprints may require additional processing fees.

• ✓Firm/assumed name license original and renewal are each $304
• ✓Branch original and renewal are each $288
• ✓Fingerprint processing is charged per vendor schedule
• ✓Rejected fingerprints may require additional processing fees

Each approved school must have a course description available including school name, dates/location, title, educational objectives, instruction type and length, clock hours (or pending status), instructor names, required equipment, fees, applicable education requirements, cancellation policy, and tuition refund policy. Students must be informed that courses of thirty or more clock hours have a mandatory comprehensive exam.

• ✓The course description must state the number of approved clock hours or that an application is pending
• ✓Students must be informed that a comprehensive examination is mandatory for courses of thirty clock hours or more to satisfy RCW 18.85.101 and 18.85.111
• ✓Cancellation and tuition refund policies must be included

The designated or managing broker must supervise brokers for compliance with the chapter, chapter 18.235 RCW, and RCW 18.86.030. Listings, transactions, management agreements, and brokerage contracts are property of the firm. Brokers deliver funds and records to their managing broker, who delivers them to the designated broker; each supervisor is responsible only after receiving funds/records.

• ✓Listings and brokerage contracts are property of the real estate firm
• ✓A managing broker is responsible for funds and records only after receiving them from the broker
• ✓The designated/managing broker must supervise brokers for compliance with the chapter and 18.86.030

A designated broker may delegate by written agreement the duties of handling client funds, trust accounts, records, and supervision to a managing broker, keeping a record of delegations. The designated broker or delegate may amend, modify, bind, create, rescind, terminate, or release brokerage service contracts on the firm's behalf. During a broker's first two years, a managing broker must provide heightened supervision per rule.

• ✓The designated broker may delegate trust account and supervisory duties by written agreement
• ✓During a broker's first two years, heightened supervision is required
• ✓Only a broker licensed as a managing broker may supervise other brokers

A person may reinstate within two years of cancellation via option one: apply with proof of 60 clock hours of approved coursework completed within one year preceding application (minimum 30 hours in real estate law), payment of all back renewal fees with penalty at current rate, and a $100 reinstatement penalty fine. Alternatively, they may satisfy the procedures and qualifications for initial licensing.

• ✓Reinstatement within two years requires 60 clock hours completed within the preceding year
• ✓A minimum of 30 of those clock hours must include real estate law
• ✓All back renewal fees with penalty plus a $100 reinstatement penalty fine are required
• ✓Applicants may alternatively satisfy initial licensing requirements

Former licensees canceled for nonpayment for periods exceeding two years must satisfy the initial licensing procedures and qualifications, including passing applicable licensing examinations and completing required courses under RCW 18.85.101/18.85.111 within three years preceding the application.

• ✓Cancellations exceeding two years require satisfying initial licensing requirements
• ✓Applicable licensing examinations must be passed
• ✓Required courses must be completed within three years preceding application