Chapter 452 — REAL ESTATE PRACTICE

452.01 Definitions.

452.03 Brokers and salespersons licensed.

452.05 Duties and powers of board.

452.06 Councils and committees.

452.07 Rules.

452.08 Board receipt of proposed legislation.

452.09 Application for license, contents.

452.10 Applications, verification, fees, exceptions.

452.11 Nonresident applicants and licensees.

452.12 Licenses.

452.13 Trust accounts.

452.132 Responsibilities of firms and licensees.

452.133 Duties of licensees; prohibitions.

452.134 Agency relationships; multiple representation relationships.

452.135 Disclosure of duties.

452.1355 Transactions involving residential property.

452.136 Advertising by licensees.

452.137 Cooperation with out-of-state brokers and salespersons.

452.138 Firms providing services in more than one transaction. Cross-reference: See definitions in s. 440.01. Cross-reference: See also REEB, Wis. adm. code. 452.01 Definitions. In this chapter: (1e) “Adverse fact” means any of the following: (a) A condition or occurrence that is…

452.139 Changes in common law duties and liabilities of brokers and parties. (1) COMMON LAW DUTIES OF FIRMS. The duties of a firm specified in this chapter or in rules promulgated under this chapter shall supersede duties or obligations under common law to the extent that those c…

452.14 Investigation and discipline of licensees. (1) The board shall, upon motion of the secretary or his or her designee or upon its own determination, conduct investigations and, as appropriate, may hold hearings and make findings, if the board or the department receives credi…

452.142 Actions concerning licensees. (1) Notwithstanding s. 100.18 (11) (b) 3., 893.43, 893.52, or 893.57, an action concerning any act or omission of a firm or any licensee associated with the firm relating to brokerage services shall be commenced within 2 years after whichever…

452.15 Ineligibility. (1) Except as otherwise provided in sub. (2), no license may be issued under this chapter to any person whose license under this chapter has been revoked until the expiration of a period determined in each case by the board or, in the case of revocation unde…

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) Faile…

452.18 Court review. Except as provided in ss. 73.0301 (2) (b) 1. a. and 2. and 108.227 (2) (b) 1. a. and (6), orders of the board and department shall be subject to review as provided in ch. 227. History: 1981 c. 94; 1997 a. 237; 2013 a. 36.

452.19 Fees, commissions, and other compensation. (1m) (a) No licensee may pay a fee or a commission or any part thereof for performing any act specified in this chapter or as compensation for a referral or as a finder’s fee to any person who is not licensed under this chapter or…

452.20 Limitation on actions for commissions. No person engaged in the business or acting in the capacity of a broker or salesperson within this state may bring or maintain an action in the courts of this state for the collection of a commission or compensation for the performanc…

452.21 Compensation presumed. In any prosecution for violation of this chapter, proof that a person acted as a broker or salesperson is prima facie proof that compensation therefor was received or promised. History: 1981 c. 94; 1987 a. 399; 2015 a. 258.

452.22 Certifications as evidence. (1) Copies of all documents, orders, resolutions and certificates made, executed or granted by the department or board, and of all papers filed with the department when certified by the secretary or his or her designee, under the official seal, …

452.23 Disclosures and inspections by brokers and salespersons. (1) No licensee may disclose to any person in connection with the sale, exchange, purchase, or rental of real property information, the disclosure of which constitutes unlawful discrimination in housing under s. 106.…

452.24 Disclosure duty; immunity for providing notice about the sex offender registry. (1) If, in connection with the sale, exchange, purchase or rental of real property, a licensee receives a request from a person to whom the licensee is providing brokerage services in connectio…

452.25 (1). History: 1981 c. 94; 1983 a. 354; 1989 a. 341; 2013 a. 288; 2015 a. 258. 452.17 Penalties. (1) Any person who engages in or follows the business or occupation of, or advertises or holds himself or herself out as or acts temporarily or otherwise as, a broker or salespe…

452.30 Association with firm; independent practice. (1) No licensee may provide brokerage services on behalf of a firm unless all of the following apply: (a) The licensee is associated with the firm. (b) The licensee has notified the department that the licensee is associated wit…

452.34 Unlicensed personal assistants. (1) In this subsection, “unlicensed personal assistant” means an individual, including an individual who is licensed under this chapter, who is employed only to provide services for which a license is not required under this chapter as provi…

452.38 Independent contractor relationship. (1) Except as otherwise provided in s. 102.078, a licensee shall not, under ch. 102, 103, 104, or 109, under subch. X of ch. 71 or subch. II of ch. 111, under any other law or rule other than those specified under sub. (1m), or in any a…

452.40 Use of forms; provision of legal advice. (1) (a) In this subsection, “use a form” means to complete a form by filling in blanks or modifying printed provisions on the form at the instruction of one or more parties with whom a licensee is working or representing in a specif…

452.42 Records retention. (1) In this section, “electronic” has the meaning given in s. 137.11 (5). (2) A licensee shall retain documents or records related to a transaction, as determined by the board, in accordance with any rules promulgated by the board. Records described in t…