Archive for the ‘WA Real Estate Licensing Changes’ Category
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Jun
11
Posted by tom beno
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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May
27
Posted by tom beno
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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May
12
Posted by tom beno
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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May
05
Posted by tom beno
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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Apr
12
Posted by tom beno
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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Mar
19
Posted by tom beno
More from the DOL on fingerprinting questions:
A few weeks ago we talked about fingerprint card requirements. The following questions have been asked about the process.
QUESTION: I had my fingerprints taken for a previous employer? Do I have to have them taken again?
ANSWER: Yes, you must obtain a current set of fingerprints on the card provided to you by the Department of Licensing, Real Estate Program.
QUESTION: Why can’t the Department of Licensing obtain the fingerprint card report provided by the Washington State Patrol to my previous employer?
ANSWER: First, the Real Estate Program must have the most current information. Second, the Washington State Patrol will provide the background information related to the fingerprint card only to the authorized requestor identified on the fingerprint card which in this case is the Washington Real Estate Program.
QUESTION: When I am required to provide a completed fingerprint card for my license renewal, am I going to have to wait for my new license until the Real Estate Program receives and reviews the WSP and the FBI reports?
ANSWER: You will not have to wait. Your license will be renewed when you provide the completed renewal form including the continuing education affidavit, the completed fingerprint card, and the proper renewal fee and fingerprint card check fee.
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Mar
08
Posted by tom beno
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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Mar
04
Posted by tom beno
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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Feb
19
Posted by tom beno
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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Feb
10
Posted by tom beno
Direct from the DOL, here are some questions and answers on the new fingerprinting rules:
QUESTION & ANSWER
FOR THE NEW 18.85 RCW
February 10, 2010
QUESTION: I hear the new Real Estate Licensing Law requires all existing licensees to be fingerprinted. Is this correct?
ANSWER: Yes
QUESTION: I am an active real estate licensee. Do I have to be fingerprinted by July 1, 2010?
ANSWER: No
QUESTION: By what date do I have to be fingerprinted?
ANSWER: All active licensees are required to submit their fingerprints to the Real Estate Program at one renewal period during the next six years. Licensees will be selected for fingerprinting based on a predetermined formula. If it is your year to be fingerprinted, you will receive the fingerprint card and instructions with your real estate license renewal notice.
QUESTION: How and where do I get my fingerprints taken?
ANSWER: You must use the fingerprint card sent to you by the Department of Licensing. You may take it to any law enforcement agency that offers fingerprint services. There will be instructions included with your renewal notice. Each law enforcement agency sets their own fee for taking the fingerprints. You will be required to pay them at the time of the fingerprinting.
NEXT WEEK: More on the renewal process and costs involved when fingerprinting is required
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OTHER LINKS…
DOL Real Estate Home page:
www.dol.wa.gov/business/realestate/
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