452.17 (4). (k) Been guilty of any other conduct, whether of the same or a different character from that specified herein, that constitutes improper, fraudulent, or dishonest dealing. (L) Violated any provision of this chapter or any rule promulgated under this chapter. (m) Failed to use forms approved under s. 452.05 (1) (b). (n) Treated any person unequally solely because of sex, race, color, handicap, national origin, ancestry, marital status, lawful source of income, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u). (o) Violated s. 452.25 (2) (a) or failed to pay any forfeiture assessed by the board under sub. (4r) for such a violation. (p) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the circumstances of which substantially relate to real estate practice. (4) If a firm is a business entity it shall be sufficient cause for reprimand or for the limitation, suspension, or revocation of the firm’s license that any business representative of the firm, or anyone who has a financial interest in or is in any way connected with the operation of the firm’s brokerage business, has been guilty of any act or omission that would be cause for refusing a broker’s license to such person as an individual. (4m) In addition to or in lieu of a reprimand or a revocation, limitation, or suspension of a license under sub. (3), the board may do any of the following: (a) Assess against a licensee a forfeiture of not more than $5,000 for each violation enumerated under sub. (3). (b) Require a licensee to successfully complete education or training, in addition to any education or training required for licensure or for renewal of a license under this chapter, as a condition of continued licensure or reinstatement of a license. (4r) The board may assess against a licensee who is an individual a forfeiture of $5,000 for a violation under s. 452.25 (2) (a). (5) The department may seek judicial review under ch. 227 of any final decision of the board. The department shall be represented in such review proceedings by an attorney within the department. Upon request of the board, the attorney general may represent the board. If the attorney general does not represent the board, the board may retain special counsel which shall be paid for out of the appropriation under s. 20.165 (1) (g). History: 1981 c. 94, 391; 1983 a. 27 s. 2202 (44); 1983 a. 354; 1985 a. 305; 1987 a. 399; 1989 a. 307, 341, 359; 1991 a. 32, 163; 1993 a. 127; 1995 a. 400; 2005 a. 87; 2009 a. 95; 2011 a. 32; 2013 a. 124, 288; 2015 a. 258; 2017 a. 110; 2023 a. 208. Real estate brokers may engage in guaranteed sales plans if there is full disclosure and the broker does not engage in fraud, misrepresentation, or improper dealing. 61 Atty. Gen. 3. Provisions in Executive Order 67 (1973), with respect to duty of real estate brokers to advise prospective purchasers of floodplain zoning status of property, do not constitute a new standard but suggest a course of action that the Real Estate Examining Board might take. The action to be taken would depend on the facts in each case. 63 Atty. Gen. 236. Neither s. 440.20, former s. 452.10 (2), 1977 stats., nor the rules of the Depart-
REAL ESTATE PRACTICE
452.19
ment of Regulation and Licensing require the board to hold a hearing when a citizen files a verified complaint with the board requesting institution of disciplinary proceedings against a licensee. 68 Atty. Gen. 30.