WSR 10-16-030

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed July 26, 2010, 9:43 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-12-102.

Title of Rule and Other Identifying Information: WAC 308-124B-210 Real estate licensee advertising/assumed names.

Hearing Location(s): 2000 4th Avenue West, 2nd Floor Conference Room, Olympia, WA, on September 9, 2010, at 3:00 p.m.

Date of Intended Adoption: September 9, 2010, or after.

Submit Written Comments to: Jerry McDonald, 2000 4th Avenue West, Olympia, WA 98507, e-mail jmcdonald@dol.wa.gov, fax (360) 570-7051.

Assistance for Persons with Disabilities: Contact Sally Adams by September 1, 2010, TTY (360) 664-0116 or (360) 664-6526.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Consumers need to know which real estate brokerage they are contracting with. This proposal would consider allowing marketing and branding, but still keep the consumer knowledgeable on which real estate firm they are transacting business with.

Reasons Supporting Proposal: This rule will allow estate licensees to use branding in their practice and also allow the designated broker to direct the licensees' advertising within the firm.

Statutory Authority for Adoption: RCW 18.85.041(1).

Statute Being Implemented: RCW 18.85.041(5).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jerry McDonald, 2000 4th Avenue West, Olympia, WA, (360) 664-6525.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a rule for individual licensees. The department of licensing and the real estate commission utilized parties to participate in the rule-making process.

A cost-benefit analysis is not required under RCW 34.05.328. The department of licensing is exempt from the provisions of this chapter.

July 26, 2010

Walt Fahrer

Rules Coordinator

OTS-3286.1


AMENDATORY SECTION(Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)

WAC 308-124B-210   Advertising.   A firm must operate under their firm name or an assumed name as licensed.

(1) All advertising or solicitations without limitation for brokerage services, to include the internet-based advertising, web pages, e-mail, newspaper, and other visual media must include the firm name or an assumed name as licensed.

(2) Brokers and managing brokers advertising using a name, title, or brand without obtaining an assumed name license must:

(a) Always use and display the firm's licensed name or the firm's licensed assumed name in a clear and conspicuous manner in conjunction with the use of such name, title, or brand.

(b) Not use a name, title, or brand which suggests a legal entity separate and distinct from the firm, such as "Inc.," "LLC," "LLP," "Corp.," "firm," or "company."

(c) Not use name, title, or brand commonly understood to reference a firm or an office, such as "realty," "realtors," "firm," or "real estate."

(d) Receive advance written approval from the firm's designated broker to use an unlicensed title or brand.

[Statutory Authority: RCW 18.85.040 and 18.85.041. 10-06-078, 308-124B-210, filed 3/1/10, effective 7/1/10.]

Washington State Code Reviser's Office