Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Business & Financial Services Committee

HB 1309

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning the sale of floating homes or floating on-water residences by brokers.

Sponsors: Representatives Vick and Kirby.

Brief Summary of Bill

  • Permits real estate brokers to sell floating homes.

Hearing Date: 1/28/15

Staff: David Rubenstein (786-7153).

Background:

A real estate broker is a person who, among other things, negotiates for others the purchase, sale, exchange, lease, or rental of real property, business opportunities, or manufactured homes in conjunction with the land on which the home is located. A real estate broker, associate broker, or salesperson is required to obtain a license from the Department of Licensing (Department).

A vessel dealer is a person engaged in the business of selling watercraft used or capable of being used as a means of transportation on the water, not including seaplanes. Vessel dealers must also obtain a license from the Department to sell vessels in Washington.

Certain kinds of residential homes float on the water. There are two types of such homes, each treated differently by law. The first is a floating home, defined as a single-family dwelling constructed on a float that is moored or anchored in the water. Such homes are not considered vessels, even if they are capable of being towed. The second kind of floating domicile is a floating on-water residence, defined as a floating residence with detachable utilities whose owner or occupant has held an ownership or leasehold interest in a marina space since at least June 30, 2014.

Summary of Bill:

The definition of real estate brokerage services is amended to include dealing in floating homes and floating on-water residences.

Real estate brokers are exempt from licensure as vessel dealers for the purpose of selling floating on-water residences.

Appropriation: None.

Fiscal Note: Requested on 1/22/15.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.