Revised Code of Washington - RCW Title 18 Businesses And Professions - Chapter 18.85 Real Estate Brokers And Salespersons

• 18.85.010 Definitions
  In this chapter words and phrases have the following meanings unless otherwise apparent from the context: (1) "Real estate broker," or "broker," means a person, ...
• 18.85.011 Definitions
  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Advertising" means any attempt by publication or broadcast, whether ...
• 18.85.021 Real estate commission created -- Qualifications, terms, appointment of members -- Vacancies
  There is established the real estate commission of the state of Washington, consisting of the director who is the chair of the commission and six ...
• 18.85.025 Commission -- Compensation and travel expenses -- Frequency of meetings
  The six board members of the commission shall be compensated in accordance with RCW 43.03.240, plus travel expenses in accordance with RCW 43.03.050 and 43.03.060 ...
• 18.85.030 Employees
  The director shall appoint an adequate staff to assist him or her.[1997 c 322 § 2; 1972 ex.s. c 139 § 2; 1951 c 222 ...
• 18.85.031 Commission -- Educational conferences -- Examinations of applicants for licenses
  The commission shall have authority to hold educational conferences for the benefit of the industry, and shall conduct examinations of applicants for licenses under this ...
• 18.85.035 Commission -- Home inspector referrals -- Procedures
  The commission must establish procedures, to be adopted in rule by the director, for real estate agents to follow when providing potential home buyers with ...
• 18.85.040 Director -- General powers and duties
  (1) The director, with the advice and approval of the commission, may issue rules and regulations to govern the activities of real estate brokers, associate ...
• 18.85.041 Director -- General powers and duties
  (1) The director, with the advice and approval of the commission, may issue rules to govern the activities of real estate brokers, managing brokers, designated ...
• 18.85.045 Director's seal
  The director shall adopt a seal with the words "real estate director, state of Washington," and such other device as the director may approve engraved ...
• 18.85.050 Director and employees business interest prohibited
  Neither the director nor any employees, shall be interested in any real estate business regulated by chapter 139, Laws of 1972 ex. sess.: PROVIDED, That ...
• 18.85.051 Publication of chapter -- Distribution
  The director may publish a copy of this chapter and information relative to the enforcement of this chapter and may mail a copy of this ...
• 18.85.053 Controlling interest in a real estate business -- Prohibited practices
  (1) A real estate licensee or person who has a controlling interest in a real estate business shall not, directly or indirectly, give any fee, ...
• 18.85.055 Licensure of state employees conducting real estate transactions
  No person licensed under this chapter who is employed by the state and who is conducting real estate transactions on behalf of the state may ...
• 18.85.060 Director's seal
  The director shall adopt a seal with the words real estate director, state of Washington, and such other device as the director may approve engraved ...
• 18.85.061 License fees -- Real estate commission account
  All fees required under this chapter shall be set by the director in accordance with RCW 43.24.086 and shall be paid to the state treasurer. ...
• 18.85.065 Employees
  The director shall appoint adequate staff to assist him or her.[2008 c 23 § 2; 1997 c 322 § 2; 1972 ex.s. c 139 § ...
• 18.85.071 Real estate commission created -- Qualifications, terms, appointment of members -- Vacancies
  There is established the real estate commission of the state of Washington, consisting of the director of the commission and six commission members who shall ...
• 18.85.075 Director and employees business interest prohibited
  While employed with the department, the director and employees who administer, regulate, or enforce real estate laws and rules must relinquish interest in any real ...
• 18.85.080 Commission -- Compensation and travel expenses
  The six board members of the commission shall be compensated in accordance with RCW 43.03.240, plus travel expenses in accordance with RCW 43.03.050 and 43.03.060 ...
• 18.85.081 Licensure of town, city, or county employees conducting real estate transactions
  Persons licensed under this chapter who are employed by a town, city, or county, and who are conducting real estate transactions on behalf of the ...
• 18.85.085 Commission -- Educational conferences -- Examinations of applicants for licenses
  The commission shall have authority to hold educational conferences for the benefit of the industry, and shall conduct examinations of applicants for licenses under this ...
• 18.85.090 Broker's license -- Requirements -- Exception
  (1) The minimum requirements for an individual to receive a broker's license are that the individual: (a) Is eighteen years of age or older; (b) ...
• 18.85.091 Firm license -- Requirements
  (1) The minimum requirements for a firm to receive a license are that the firm: (a) Designates a managing broker as the "designated broker" who ...
• 18.85.095 Salespersons -- Requirements -- Renewal -- Exception
  (1) The minimum requirements for an individual to receive a salesperson's license are that the individual: (a) Is eighteen years of age or older; (b) ...
• 18.85.097 Substitution of educational requirements -- Rules
  The director may allow for substitution of the clock-hour requirements in RCW 18.85.090(1)(d) and 18.85.095(1)(b), if the director makes a determination that the individual is ...
• 18.85.100 License required -- Prerequisite to suit for commission
  It shall be unlawful for any person to act as a real estate broker, associate real estate broker, or real estate salesperson without first obtaining ...
• 18.85.101 Broker's license -- Requirements -- Renewal
  (1) The minimum requirements for an individual to receive a broker's license are that the individual: (a) Is eighteen years of age or older; (b) ...
• 18.85.110 Exemptions from licensing
  This chapter shall not apply to (1) any person who purchases property and/or a business opportunity for his or her own account, or that of ...
• 18.85.111 Managing broker's license -- Requirements -- Renewal
  (1) The minimum requirements for an individual to receive a managing broker's license are that the individual: (a) Is eighteen years of age or older; ...
• 18.85.120 Applications -- Conditions -- Fees
  Any person desiring to be a real estate broker, associate real estate broker, or real estate salesperson, must pass an examination as provided in this ...
• 18.85.121 Designated brokers -- Registration -- Endorsements
  (1) A designated broker must hold a license as a managing broker in accordance with RCW 18.85.111, and may act as a designated broker for ...
• 18.85.130 Examinations -- Scope -- Manual -- Moneys from sale
  The director shall provide each original applicant for an examination with a manual containing a sample list of questions and answers pertaining to real estate ...
• 18.85.131 Out-of-state licensees--Requirements in lieu of licensing
  (1) Persons with licenses deemed equivalent to licenses held by Washington licensees, as determined by the director, for a fee, commission, or other valuable consideration, ...
• 18.85.140 License fees -- Expiration -- Renewal -- Identification cards
  Before receiving his or her license every real estate broker, every associate real estate broker, and every real estate salesperson must pay a license fee ...
• 18.85.141 Substitution of educational requirements -- Rules
  The director may allow for substitution of the clock-hour requirements in RCW 18.85.101(1)(c) and 18.85.111(1)(d), if the director makes a determination that the individual is ...
• 18.85.150 Temporary permits
  A temporary broker's permit may, in the discretion of the director, be issued to the legally accredited representative of a deceased or incapacitated broker, the ...
• 18.85.151 Exemptions from licensing
  This chapter shall not apply to: (1) Any person who purchases or disposes of property and/or a business opportunity for that individual's own account, or ...
• 18.85.155 Responsibility for conduct of subordinates
  Responsibility for any salesperson, associate broker or branch manager in conduct covered by this chapter shall rest with the broker to which such licensees shall ...
• 18.85.165 Licenses -- Continuing education
  All real estate brokers, associate brokers, and salespersons shall furnish proof as the director may require that they have successfully completed a total of thirty ...
• 18.85.170 Licenses -- Restrictions as to use -- Exceptions
  No license issued under the provisions of this chapter shall authorize any person other than the person to whom it is issued to do any ...
• 18.85.171 Applications -- Conditions -- Fees
  (1) A person desiring a license as a real estate firm shall apply on a form prescribed by the director. A person desiring a license ...
• 18.85.180 Licenses -- Office required -- Display of license
  Every licensed real estate broker must have and maintain an office in this state accessible to the public which shall serve as the office for ...
• 18.85.181 Examinations -- Sample questions -- Scope -- Moneys from sale
  The director shall provide each original applicant for an examination a sample list of questions and answers pertaining to real estate law and the operation ...
• 18.85.190 Licenses -- Branch office
  A real estate broker may apply to the director for authority to establish one or more branch offices under the same name as the main ...
• 18.85.191 License fees -- Expiration -- Renewal -- Identification cards -- Background checks
  Before receiving a license, every real estate broker, managing broker, and firm must pay a license fee as prescribed by the director by rule. A ...
• 18.85.200 Licenses -- Change of location
  Notice in writing shall be given to the director of any change by a real estate broker, associate broker, or salesperson of his or her ...
• 18.85.201 Responsibility for conduct of subordinates
  Responsibility for any real estate broker, managing broker, or branch manager in conduct covered by this chapter shall rest with the designated broker to which ...
• 18.85.210 Publication of chapter -- Distribution
  The director may publish a copy of this chapter and such information relative to the enforcement of this chapter and may mail a copy of ...
• 18.85.211 Licenses -- Renewal -- Continuing education
  All real estate brokers and managing brokers shall furnish proof as prescribed by rule of the director that they have successfully completed at least the ...
• 18.85.215 Inactive licenses
  (1) Any license issued under this chapter and not otherwise revoked shall be deemed "inactive" at any time it is delivered to the director. Until ...
• 18.85.220 License fees -- Real estate commission account
  All fees required under this chapter shall be set by the director in accordance with RCW 43.24.086 and shall be paid to the state treasurer. ...
• 18.85.221 Licenses -- Names -- Restrictions as to use
  No license issued under the provisions of this chapter shall authorize any person other than the person named on the license to do any act ...
• 18.85.225 License suspension--Nonpayment or default on educational loan or scholarship
  The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or ...
• 18.85.227 License suspension -- Noncompliance with support order -- Reissuance
  The director shall immediately suspend the license of a broker or salesperson who has been certified pursuant to RCW 74.20A.320 by the department of social ...
• 18.85.230 Disciplinary action -- Grounds
  In addition to the unprofessional conduct described in RCW 18.235.130, the director may take disciplinary action against any person engaged in the business or acting ...
• 18.85.231 Licenses -- Office or records depositories required -- Record maintenance and production. Every licensed real estate firm must have and maintain an office or records depositories accessible in this state to representatives of the director. The firm ...
• 18.85.240 Disciplinary action -- Director's delegation of authority
  The director may deputize one or more assistants to perform his or her duties with reference to disciplinary action.[1988 c 205 § 6; 1987 c ...
• 18.85.241 Licenses -- Branch office
  A designated broker may apply to the director for authority to establish one or more branch offices under the same name as the real estate ...
• 18.85.255 Licenses -- Change of location
  A designated broker, managing broker, or firm shall give notice in writing to the director of any change of that licensee's business or records depository ...
• 18.85.261 Disciplinary action -- Hearing -- Conduct of
  The hearing officer shall cause a transcript of all such proceedings to be kept by a reporter and shall upon request after completion thereof, furnish ...
• 18.85.265 Inactive licenses
  (1) Any license issued under this chapter and not otherwise revoked is deemed "inactive" at any time it is delivered to the director. Until reissued ...
• 18.85.271 Disciplinary action -- Order -- Appeal
  If the director decides, after such hearing, that the evidence supports the accusation by a preponderance of evidence, the director may impose sanctions authorized under ...
• 18.85.275 Designated broker or managing broker -- Authority and duties
  (1) The designated broker or managing broker shall supervise the conduct of brokers and managing brokers for compliance with this chapter, chapter 18.235 RCW, and ...
• 18.85.281 Appeal -- Transcript -- Cost
  The director shall prepare at appellant's expense and shall certify a transcript of the whole record of all matters involved in the appeal, which shall ...
• 18.85.285 Transactions and recordkeeping -- Trust accounts -- Requirements
  (1) Brokers and managing brokers must submit complete copies of their transactions to their firm. The designated broker shall keep adequate records of all real ...
• 18.85.291 Brokers and managing brokers -- Termination of affiliation with firm -- Notice
  The licenses of a real estate broker and managing broker shall be kept at all times by their firm and when real estate brokers or ...
• 18.85.301 Sharing commissions
  (1) Except under subsection (4) of this section, it is unlawful for any licensed firm, broker, or managing broker to pay any part of the ...
• 18.85.310 Broker's records -- Separate accounts -- Interest-bearing trust accounts -- Disposition of interest
  (1) Every licensed real estate broker shall keep adequate records of all real estate transactions handled by or through the broker. The records shall include, ...
• 18.85.311 Distribution of interest from brokers' trust accounts
  Remittances received by the state treasurer pursuant to RCW 18.85.285 shall be divided between the housing trust fund created by RCW 43.185.030, which shall receive ...
• 18.85.315 Distribution of interest from brokers' trust accounts
  Remittances received by the treasurer pursuant to RCW 18.85.310 shall be divided between the housing trust fund created by RCW 43.185.030, which shall receive seventy-five ...
• 18.85.317 Real estate education account
  The real estate education account is created in the custody of the state treasurer. All moneys received for credit to this account pursuant to RCW ...
• 18.85.320 Salespersons, associate brokers -- Termination of services
  The license of a real estate salesperson or associate real estate broker shall be retained at all times by his or her designated broker and ...
• 18.85.321 Real estate education program account
  The real estate education program account is created in the custody of the state treasurer. All moneys received for credit to this account pursuant to ...
• 18.85.330 Sharing commissions
  (1) Except under subsection (4) of this section, it shall be unlawful for any licensed broker to pay any part of his or her commission ...
• 18.85.331 License required -- Prerequisite to suit for commission
  It is unlawful for any person to act as a real estate broker, managing broker, or real estate firm without first obtaining a license therefor, ...
• 18.85.340 Violations -- Penalty
  Any person acting as a real estate broker, associate real estate broker, or real estate salesperson, without a license, or violating any of the provisions ...
• 18.85.341 License suspension--Nonpayment or default on educational loan or scholarship
  The director shall suspend the license of any natural person who has been certified by a lending agency and reported to the director for nonpayment ...
• 18.85.345 Attorney general as legal advisor
  The attorney general shall render to the director opinions upon all questions of law relating to the construction or interpretation of this chapter, or arising ...
• 18.85.350 Enforcement provisions
  The director may prefer a complaint for violation of any section of this chapter before any court of competent jurisdiction. The prosecuting attorney of each ...
• 18.85.351 License suspension -- Noncompliance with support order -- Reissuance
  The director shall immediately suspend the license of any broker or managing broker who has been certified pursuant to RCW 74.20A.320 by the department of ...
• 18.85.361 Disciplinary action -- Grounds
  In addition to the unprofessional conduct described in RCW 18.235.130, the director may take disciplinary action against any person engaged in the business or acting ...
• 18.85.370 Disciplinary action -- Director's delegation of authority
  The director may authorize one or more assistants to perform the director's duties with reference to disciplinary action.[2008 c 23 § 33; 1988 c 205 ...
• 18.85.380 Disciplinary action -- Hearing -- Conduct of
  The hearing officer shall cause a transcript of all adjudicative proceedings to be kept by a reporter and shall upon request after completion thereof, furnish ...
• 18.85.390 Disciplinary action -- Order -- Appeal
  If the director decides, after an adjudicative hearing, that the evidence supports the accusation by a preponderance of evidence, the director may impose sanctions authorized ...
• 18.85.400 Multiple listing associations -- Entrance requirements
  Each real estate multiple listing association shall submit to the real estate commission for approval or disapproval its entrance requirements. No later than sixty days ...
• 18.85.401 Appeal -- Transcript -- Cost
  The director shall prepare at appellant's expense and shall certify a transcript of the whole record of all matters involved in the appeal, which the ...
• 18.85.411 Violations -- Penalty
  Any person acting as a real estate broker, managing broker, or real estate firm, without a license, or violating any of the provisions of this ...
• 18.85.420 Attorney general as legal advisor
  The attorney general shall give the director opinions upon all questions of law relating to the construction or interpretation of this chapter, or arising in ...
• 18.85.430 Enforcement provisions
  The director may refer a complaint for violation of any section of this chapter before any court of competent jurisdiction. The prosecuting attorney of each ...
• 18.85.440 Uniform regulation of business and professions act
  The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees ...
• 18.85.450 Land development representative -- Registration -- Minimum requirements
  The director shall issue a land development representative registration for any applicant, upon application made by the employing real estate broker, on a form provided ...
• 18.85.451 Fee assessed
  (1) A fee of ten dollars is created and shall be assessed on each real estate broker and managing broker originally licensed after October 1, ...
• 18.85.460 Land development representative -- Registration issued to employing broker -- Display -- Fee -- Transferability -- Period of validity
  The registration for a land development representative shall be issued to and retained by the employing broker and shall be displayed as set forth in ...
• 18.85.461 Washington real estate research account -- Creation
  (1) The Washington real estate research account is created in the state treasury. All receipts from the fee under RCW 18.85.451 shall be deposited into ...
• 18.85.470 Land development representative -- Authorized activities -- "Land development" defined
  (1) The activity of a land development representative registered with a broker under this chapter shall be restricted to land developments as defined in this ...
• 18.85.471 Real estate research center -- Purpose
  (1) The purpose of a real estate research center in Washington state is to provide credible research, value-added information, education services, and project-oriented research to ...
• 18.85.480 Land development representative -- Responsibility of employing broker -- Violations
  Full responsibility for the activities of the land development representative registered under this chapter shall rest with the employing broker. The director may deny, suspend, ...
• 18.85.481 Changes in licensing categories -- Effect on status of proceedings, existing rules, forms, and licenses. (1) The changes made by chapter 23, Laws of 2008 regarding the licensing categories do not affect the status of a complaint, investigation, or other ...
• 18.85.520 Fee assessed
  (1) A fee of ten dollars is created and shall be assessed on each real estate broker, associate broker, and salesperson originally licensed after October ...
• 18.85.530 Washington real estate research account -- Creation
  (1) The Washington real estate research account is created in the state treasury. All receipts from the fee under RCW 18.85.520 shall be deposited into ...
• 18.85.540 Real estate research center -- Purpose
  (1) The purpose of a real estate research center in Washington state is to provide credible research, value-added information, education services, and project-oriented research to ...
• 18.85.550 Uniform regulation of business and professions act
  The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees ...
• 18.85.560 Out-of-state broker/salesperson/associate broker--Requirements in lieu of licensing
  (1) An out-of-state broker, for a fee, commission, or other valuable consideration, or in the expectation, or upon the promise of receiving or collecting a ...
• 18.85.900 Severability -- 1941 c 252
  If any section, subdivision, sentence or clause in this act shall be held invalid or unconstitutional, such fact shall not affect the validity of the ...
• 18.85.910 Severability -- 1951 c 222
  The provisions of this act are to be severable and if any section, subdivision or clause of this act shall be held to be unconstitutional ...
• 18.85.920 Severability -- 1972 ex.s. c 139
  The provisions of this 1972 amendatory act are to be severable and if any section, subdivision, or clause of this act shall be held to ...
• 18.85.930 Effective date -- 2008 c 23
  This act takes effect July 1, 2010.[2008 c 23 § 51.] ...