H-0498.2 _______________________________________________
HOUSE BILL 1382
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Representatives King, Lisk and Scott
Read first time 01/27/93. Referred to Committee on Commerce & Labor.
AN ACT Relating to real estate broker licenses for auctioneers of real estate; and amending RCW 18.85.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 18.85.010 and 1987 c 332 s 1 are each amended to read as follows:
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, while acting for another for commissions or other compensation or the promise thereof, or a licensee under this chapter while acting in his or her own behalf, who:
(a) Sells or offers for sale, lists or offers to list, buys or offers to buy real estate or business opportunities, or any interest therein, for others;
(b) Negotiates or offers to negotiate, either directly or indirectly, the purchase, sale, exchange, lease, or rental of real estate or business opportunities, or any interest therein, for others;
(c) Negotiates or offers to negotiate, either directly or indirectly, the purchase, sale, or exchange of a used mobile home in conjunction with the purchase, sale, exchange, rental, or lease of the land upon which the used mobile home is located;
(d) Advertises or holds himself or herself out
to the public by any oral or printed solicitation or representation that he or
she is so engaged; ((or))
(e) Engages, directs, or assists in procuring prospects or in negotiating or closing any transaction which results or is calculated to result in any of these acts; or
(f) Auctions or offers, attempts, or agrees to auction real estate;
(2) "Real estate salesperson" or "salesperson" means any natural person employed, either directly or indirectly, by a real estate broker, or any person who represents a real estate broker in the performance of any of the acts specified in subsection (1) of this section;
(3) An "associate real estate broker" is a person who has qualified as a "real estate broker" who works with a broker and whose license states that he or she is associated with a broker;
(4) The word "person" as used in this chapter shall be construed to mean and include a corporation or copartnership, except where otherwise restricted;
(5) "Business opportunity" shall mean and include business, business opportunity and good will of an existing business or any one or combination thereof;
(6) "Commission" means the real estate commission of the state of Washington;
(7) "Director" means the director of licensing;
(8) "Real estate multiple listing association" means any association of real estate brokers:
(a) Whose members circulate listings of the members among themselves so that the properties described in the listings may be sold by any member for an agreed portion of the commission to be paid; and
(b) Which require in a real estate listing agreement between the seller and the broker, that the members of the real estate multiple listing association shall have the same rights as if each had executed a separate agreement with the seller;
(9) "Clock hours of instruction" means actual hours spent in classroom instruction in any tax supported, public vocational-technical institution, community college, or any other institution of higher learning or a correspondence course from any of the aforementioned institutions certified by such institution as the equivalent of the required number of clock hours, and the real estate commission may certify courses of instruction other than in the aforementioned institutions; and
(10) "Incapacitated" means the physical or mental inability to perform the duties of broker prescribed by this chapter.
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