H-3593              _______________________________________________

                                                   HOUSE BILL NO. 1372

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representative J. King

Prefiled with Chief Clerk 1/10/86.  Read first time 1/13/86 and referred to Committee on Commerce & Labor.

AN ACT Relating to nonresident brokers and salesmen; and amending  RCW 18.85.161 and 18.85.163.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 21, chapter 222, Laws of 1951 as last amended by section 7, chapter 370, Laws of 1977 ex. sess. and RCW 18.85.161 are each amended to read as follows:

          A nonresident broker may apply for and be issued a nonresident broker's license upon compliance with all of the provisions of this chapter.  He shall not be required to maintain a definite place of business within this state, but shall retain in this state all funds arising from transactions within this state, until such funds are distributed to the proper parties involved, and he shall be subject to the requirements of this chapter relating to the handling and depositing of closing funds.

          Any privileges accorded herein to a nonresident shall apply only to a licensed real estate broker of two years' experience or more and only so long as the broker shall (1) maintain an active place of business within the state of his domicile, and (2) maintain his license in good standing in the state of his domicile:  PROVIDED, That such nonresident is domiciled in a state which extends similar recognition and courtesies to licensed real estate brokers of this state.  When any broker moves into this state from a state having similar reciprocal laws and desires a license, and if such broker has maintained a license in his home state in good standing prior to his moving into this state, he shall, in the discretion of the director, not be required to take the state examination for a license.

          The director may waive the requirement of examination of any applicant for a license in the case of an application from a nonresident who is licensed in a state having similar requirements, under the laws of which, similar recognition and courtesies are extended to licensees of this state by mutual written agreement of the directors and commissions of the concerned states.

          Salesmen employed by a nonresident broker who has been issued a nonresident broker's license may operate for such broker in this state upon payment of the license fee required of salesmen during such time as they continue licensed under the nonresident broker in this state and if such salesman maintains a license in good standing ((under his broker in his home state)) in this state or the nonresident broker's home state.

          An applicant for a nonresident license shall irrevocably consent to having suits and actions commenced against him in any county of this state in which the plaintiff resides, and to service of any process or pleadings by delivery thereof to the director.  The service shall be valid and binding upon the applicant.  The consent shall be in a form prescribed by the director, acknowledged before a notary public, and, if the applicant is a corporation, shall be accompanied by a certified copy of the resolution of the board of directors authorizing the execution of the same.  Any process or pleading so served upon the director shall be in duplicate.  One copy shall be filed in the office of the director, and one copy shall be immediately forwarded by registered mail to the applicant's office address given in his application.  Service shall be deemed to have been made upon the applicant on the third day following the deposit of the copy in the mail.

        Sec. 2.  Section 22, chapter 222, Laws of 1951 and RCW 18.85.163 are each amended to read as follows:

          The regulatory provisions of this chapter shall apply to all nonresident brokers, and salesmen employed by the nonresident brokers, acting within this state.