WSR 10-20-095

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed September 30, 2010, 12:27 p.m. , effective October 31, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Consumers need to know which real estate brokerage they are contracting with. This change would allow marketing and branding, but still keep the consumer knowledgeable on which real estate firm they are transacting business with.

Citation of Existing Rules Affected by this Order: Amending 1 [WAC 308-124B-210].

Statutory Authority for Adoption: RCW 18.85.041(1).

Other Authority: RCW 18.85.041(5).

Adopted under notice filed as WSR 10-16-030 on July 26, 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: September 30, 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