Real Education By Thomas – A Blog About It

New Advertising Rules

Again, straight from the Department of Licensing, regarding the new rules on advertising:

QUESTION:  What is changing?
 
ANSWER:  Advertising rules have been revised.

Licensees may advertise a title, group, team, or brand name without obtaining an assumed name license if the advertisement always uses and displays the real estate firm’s licensed name or the real estate firm’s licensed assumed name in a clear and conspicuous manner.
 
Yes, this is very similar to current advertising policies except that as of July 1, 2010 the real estate firm’s name must be clear and conspicuous which means that by color, contrast, size or audibility the real estate firm name must be readily noticeable and understood.  All brokers and managing brokers should determine if their property signs meet the new criteria.
 
Advertising an unlicensed title, group, team, or brand name may not include wording that suggests a legal entity separate from the real estate firm such as “Inc.”, “LLC.”, “Corp”, etc.
 

Advertising an unlicensed title, group, team, or brand name may not include wording that is commonly understood to reference an entire firm or office such as “realty”, “realtors”, “firm”, or “real estate’’.
 
The recipient of any advertising must be able to clearly distinguish the licensed real estate firm name from the name of the unlicensed group, team, or brand that is advertising in conjunction with the firm.
 
All affiliated licensees wanting to use an unlicensed title or brand must receive advance written approval from their real estate firm’s designated broker.  This written permission should be available to the department auditors and investigators upon request.

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More Q&A on the new licensing law

An update from the Department of Licensing
QUESTION & ANSWER
FOR THE NEW 18.85 RCW
May 26, 2010
 
QUESTION:  I am a designated broker.  A first time licensee just affiliated with my firm.  The license that arrived says broker instead of salesperson.  I thought the name change was not going to happen until July 1, 2010.  Is there a problem with this license that needs to be corrected?
 
ANSWER:  There is not a problem with the license.  A computer system change went into effect last week that is now issuing first licenses with the titles of broker and managing broker.
 
QUESTION:  So are the titles changing on license renewals as well as first licenses?
 
ANSWER:  The titles on regular renewed licenses should change only on licenses that expire on or after July 1, 2010.
 
QUESTION:  What about my designated broker/company license?  When will that change from one license to two licenses?
 
ANSWER: If, as a designated broker, your expiration date is prior to July 1, 2010, you should receive one license when you renew.  If the expiration date is July 1 or after, you should receive two licenses when you renew; a firm license and a managing broker license with an endorsement as a designated broker.
 
The staff of the Real Estate Program realizes that this is confusing time as processes and explanations are often changing regarding implementation of the new licensing law.  We appreciate your patience and understanding.  This is a multi-facet undertaking that requires flexibility from all of us.  We will do our upmost to keep you advised in a timely manner of changes relating to the implementation of the new RCW 18.85 law.

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More on the new Law

More Q & A direct from the Department of Licensing:

QUESTION:  On July 1, 2010, I will automatically go from being licensed as an associate broker to a managing broker.  My designated broker wants me to supervise and train new staff. As a managing broker, may I supervise the training of new licensees for my firm?
 
ANSWER:  Yes, you may supervise the training of new licensees if your designated broker and you have signed a written delegation agreement that includes authorizing you to supervise new licensee training.  You will also want to know if part of your training supervision duties include responsibility for the heightened supervision of licensees with less than two years experience as required by WAC 308-124C-125(9)(c).
 
QUESTION:  What is included in the heightened supervision rule pertaining to persons licensed for less than two years?
 
ANSWER:  A firm’s designated broker must maintain, implement and follow a written policy that addresses the required review of all brokerage service contracts involving any affiliated licensee of the firm that has been licensed for less than two years. Every contract review must be completed by the firm’s designated broker or a delegated managing broker within 5 calendar days of client’s signature.  The reviewer must initial and date the first page of the reviewed documents.
 
QUESTION:  On July 1, 2010, I will have one year of licensed real estate sales experience.  Because I do not have two years licensed real estate experience will I be subject to one year of heightened supervision?
 
ANSWER:  No, only persons licensed from July 1, 2010 forward are subject to the heightened supervision requirements. 
 
QUESTION:  I am currently an active licensed salesperson.  On July 1, 2010, I will have ten years real estate experience and will be called a broker. May I assist my firm by supervising new real estate licensees?
 
ANSWER:  No, the new real estate licensing law, RCW 18.85.275(6) says that during the first two years a broker is licensed, a managing broker must provide a heightened level of supervision.   Only those persons who are managing brokers including those endorsed as designated brokers or licensed as branch managers may supervise other real estate licensees.

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Transition Class now available online

Required for your license renewal after July 1, 2010, the Transition Class is now available for you to do on your own. Simply download the course, study the material, take the quiz, send us back a few pages with your fee and we will send you your certificate. Save precious travel time and expense and get it done on your own in your spare time.  We are here to help you get your Transition class completed.

To download the class, simply click on the link below:

Transitions Class

Thanks and have a great week!

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More on New Rules from the Department of Licensing

More great questions and answers from the DOL:

QUESTION & ANSWER
FOR THE NEW 18.85 RCW
April 21, 2010
 
QUESTION: I am a real estate licensee with a buyer client.  The potential buyer signs an offer to purchase on Monday.  The seller is not available for the offer presentation until Thursday. Does anyone in my firm need to be aware of the offer before mutual acceptance?
 
ANSWER:  Yes, the new WAC 308-124E-100 clearly states that all brokers and managing brokers are required to deliver or transmit all transaction records and brokerage agreements to the appropriate managing broker, branch manager, or their designated broker within two business days of the client’s/customer’s signature or sooner if the terms of the contract require.
 
 
QUESTION:  If the seller counters the offer does the listing licensee have to follow the same procedure if the counter offer is not accepted within two days?
 
ANSWER:  Yes, the listing licensee must deliver or transmit a copy of the counter offer signed by their client/customer to the appropriate managing broker, branch manager, or their designated broker within two business days or sooner if the terms of the contract require.
 
 
QUESTION:  Do the time frames in the rule apply to addenda that may be signed by a client/customer during transaction negotiations?
 
ANSWER:  Yes, the same time frames apply throughout the ongoing transaction.  The definition of transaction is the act of transacting so the rule applies to each signed document as a client/customer signs.
 
 
QUESTION:  Does the word transmit in the rule allow for the transaction documents to be faxed to the appropriate manager?
 
ANSWER:  Yes, the licensee may either physically deliver the transaction documents or transmit them electronically.

Have a great week!

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More on New Rules for this year

From the DOL regarding newly released Q&A:

QUESTION:  I am currently a salesperson licensed to “Sunshine Realty, Inc.”.  After July 1, 2010 when I become a broker, may I obtain the assumed name of “John’s Group”?
 
ANSWER:  Only the Designated Broker on behalf of the firm may apply for an assumed name.  If your Designated Broker wants you and possibly others to use the name of John’s Group, he or she may apply for an assumed name license using the UBI number of Sunshine Realty, Inc. It is important to remember that assumed names belong to a firm and not to the licensees utilizing them.
 
Your Designated Broker will submit a name reservation request to the Real Estate Licensing staff who will determine if the name “John’s Group” is available.  If the requested name is approved, your Designated Broker will send an assumed name application and fee to the Real Estate Licensing Program.  Upon receipt of the completed assumed name application form and correct fee for a reserved assumed name, a license with name “John’s Group” will be sent to Sunshine Realty Inc.  The license for “John’s Group” expires on the same date as the license for Sunshine Realty, Inc.
 
QUESTION:  If the firm “Sunshine Realty, Inc.” allows, may I advertise using only “John’s Group”?
 
ANSWER:   Yes, you may advertise using only an assumed name.
 
QUESTION:  May I advertise using the name, “Sunshine John’s Group”?
 
ANSWER:  No, you may not use only a part of either the firm name or the assumed name.

QUESTION:  May I advertise using “Sunshine Realty, Inc., John’s Group”?

ANSWER:  Yes, a licensee may advertise using both the complete firm name and the complete assumed name as licensed.

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Renewals and Fingerprints

From the Dept. of Licensing:

QUESTION & ANSWER
FOR THE NEW 18.85 RCW
March 8, 2010
 

QUESTION:  I have an active license that expires August 5, 2010. This will not be my first active renewal. What continuing education will I have to provide?
 
ANSWER:     A total of 30 clock hours of approved continuing education that MUST include:
 
·         3 hour Core
·         3 hour Transition Course
 
 
QUESTION:  I have been inactive for 2 years and my license does not expire until November 1, 2010.  What will I have to provide to the department if I activate my license after June 30th 2010?
 
ANSWER:     You will be required to submit a completed application for a real estate license signed by you and your managing broker.  In addition, if a fingerprint card has not been submitted to the real estate program within the last 6 years, you must include a completed fingerprint card. The fingerprints can be taken at any law enforcement agency that offers fingerprinting on the department’s card. A $35.25 fee for the department to run the background check must also be included with the completed application. 
 
You will need to contact Real Estate Licensing at (360) 664-6484 to receive the fingerprint card.
 
Applications to activate a license that are sent without the fingerprint card will be considered incomplete and not processed.  Do not fold the fingerprint card or the prints will have to be retaken.

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3 Credit Transition Class For Free

Real simply, I’m always looking for real estate offices to deliver the Transition Class. So, if you organize a class for me, and get at least 10 people there, I’ll give you your class for free.

The Transition Course is the new 3 hour class required for your first renewal after July 1, 2010. Among other things, it covers the new RCWs and WACs that govern real estate licensees in the state of Washington; new license definitions, educational requirements, duties, responsibilities, etc. This class can be 3 hours of your 30 required for renewal.

My fee for the Transition Class is $25. Organize one in your office and yours is free.

Have a great week!

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More Q & A on new Fingerprinting rules

Direct from the DOL here is verbatim the latest on the new fingerprinting process for license renewals:

QUESTION:  My renewal date is March 2011.  May I request a fingerprint card from the Real Estate Program in July 2010 so I can get my required fingerprinting completed early?
 
ANSWER:     No, fingerprinting for the renewal of an active license will be required on a predetermined schedule and will only be accepted on cards furnished by the Real Estate Program at the required renewal time.

QUESTION:  How do I renew online if I need to provide a completed fingerprint card?
 
ANSWER:     The online Solar system will not allow you to renew if you are required to provide a completed fingerprint card.  For that renewal you will have to either mail or hand deliver your completed renewal form which will include continuing education affidavit, fingerprint card, and fee.
 
QUESTION:  How much will a license renewal with fingerprints cost?
 
ANSWER:     The broker renewal notice will indicate a renewal of $146.25 if paid on time plus a fingerprint card check fee of $35.25 for a total of $181.50. The managing broker renewal notice will indicate a renewal of $210.00 if paid on time plus a fingerprint card check fee of $35.25 for a total of $245.25. Remember, the law enforcement agency doing the fingerprints will have a separate fee.

I have had a lot of questions on this, so I thought I would pass it on. Hope it helps.

Have a great weekend.

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Don’t miss Transition Class Wed. Feb. 10

The new Transition Class is required for your license renewal after July 1 of this year.  It is a 3 hour class covering all the new licensing changes and some current issues. Go to http://bit.ly/TRANSbellevue0210 for more info and to register for this class. Held at Wall’s Insurance at the easiest to find location in Bellevue, this location provides free parking. The picture above shows the building which is just south of the Coast Hotel. The class starts at 9:30 AM.

Preregistration is required and the fee for the class is $25.  Questions can be directed to me at tom@thomasjbeno.com .

Have a great week and we hope to see you at the class.

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