AN ACT Relating to the
requirements to obtain a real estate broker's or salesperson's license;
amending RCW 18.85.090, 18.85.095, 18.85.215, and 18.85.097; and providing an
effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 18.85.090 and 1985 c
162 s 1 are each amended to read as follows:
((The commission
shall be responsible for the preparation of the examination to be submitted to
applicants, and shall make and file with the director a list, which may be
signed by a majority of the members of the commission conducting the
examination, of all applicants who successfully passed the examination and of
those who failed.
Any applicant who
fails to pass the examination may apply again.
No applicant shall
be permitted to take the examination for a real estate broker's license without
first satisfying the director that the applicant:
(1) Has had a
minimum of two years of actual experience as a full time real estate salesman
in this state or in another state having comparable requirements within the
five years previous to applying for said examination or is, in the opinion of
the director, otherwise and similarly qualified, or is otherwise qualified, by
reason of practical experience in a business allied with or related to real
estate;
(2) Is eighteen
years of age or older;
(3) Has a high
school diploma or its equivalent;
(4) Has furnished
proof, as the director may require, that the applicant has completed
successfully ninety clock hours of instruction in real estate. Instruction
must include one course in brokerage management and one course in real estate
law. Each course must be at least thirty clock hours. Courses must be
completed within five years prior to applying for the examination.
The requirements of
subsections (1) through (4) of this section shall not apply to persons who are
licensed as brokers under any real estate license law in Washington which
exists prior to this law's enactment and whose license has not been
subsequently revoked: PROVIDED, That requirements for brokers created by this
1972 amendatory act shall apply to any person who is licensed as a salesman on
or before May 23, 1972, if such person shall apply to become a broker or
associate broker after May 23, 1972.)) (1) The minimum requirements for an individual to receive a
broker's license are that the individual:
(a) Is eighteen
years of age or older;
(b) Has a high
school diploma or its equivalent;
(c) Has had a
minimum of two years of actual experience as a full-time real estate
salesperson in this state or in another state having comparable requirements
within the five years previous to applying for the broker's license examination
or is, in the opinion of the director, otherwise and similarly qualified, or is
otherwise qualified by reason of practical experience in a business allied with
or related to real estate;
(d) Except as
provided in RCW 18.85.097, has furnished proof, as the director may require,
that the applicant has successfully completed one hundred twenty hours of
instruction in real estate. Instruction must include one course in brokerage
management, one course in real estate law, one course in business management,
and one elective course. Each course must be completed within five years prior
to applying for the broker's license examination, be at least thirty clock
hours, and be approved by the director. The applicant must pass a course
examination, approved by the director for each course used to satisfy the
broker's license requirement; and
(e) Has passed the
broker's license examination.
(2) Nothing in this
section applies to persons who are licensed as brokers under any real estate
law in Washington that exists prior to this law's enactment, but only if their
license has not been subsequently canceled or revoked.
Sec. 2. RCW 18.85.095 and 1988 c
205 s 3 are each amended to read as follows:
(((1) It is hereby
established that the minimum requirements for an individual to receive a
salesperson's license are that the individual:
(a) Is eighteen
years of age or older;
(b) Has passed a
salesperson's examination; and
(c) Except as
provided in RCW 18.85.097, has successfully completed a thirty clock hour
course in real estate fundamentals prior to obtaining a first real estate
license.
(2) Except as
provided in RCW 18.85.097, no licensed salesperson shall have his or her
license renewed a second time unless he or she furnishes proof, as the director
may require, that he or she has successfully completed an additional thirty
clock hours of instruction in real estate courses approved by the director.
This subsection shall expire January 1, 1991.
Nothing in this
section shall apply to persons who are licensed as salespersons under any real
estate license law in Washington which exists prior to this law's enactment and
whose license has not been subsequently revoked.)) (1) The minimum requirements for an
individual to receive a salesperson's license are that the individual:
(a) Is eighteen
years of age or older;
(b) Except as
provided in RCW 18.85.087, has furnished proof, as the director may require,
that the applicant has successfully completed a sixty clock-hour course,
approved by the director, in real estate fundamentals. The applicant must pass
a course examination approved by the director. This course must be completed
within five years prior to applying for the salesperson's license examination;
and
(c) Has passed a
salesperson's license examination.
(2) The minimum
requirements for a salesperson to be issued the first renewal of a license are
that the salesperson:
(a) Has furnished
proof, as the director may require, that the salesperson has successfully
completed a thirty clock-hour course, from a prescribed curriculum approved by
the director, in real estate practices. The salesperson must pass a course
examination approved by the director. This course shall be commenced after
issuance of a first license; and
(b) Has furnished
proof, as the director may require, that the salesperson has completed an
additional thirty clock hours of continuing education in compliance with RCW
18.85.165. Courses for continuing education clock-hour credit shall be
commenced after issuance of a first license.
(3) Nothing in this
section applies to persons who are licensed as salespersons under any real
estate law in Washington which exists prior to this law's enactment, but only
if their license has not been subsequently canceled or revoked.
Sec. 3. RCW 18.85.215 and 1988 c
205 s 4 are each amended to read as follows:
(1) Any license issued
under this chapter and not otherwise revoked shall be deemed
"inactive" at any time it is delivered to the director. Until
reissued under this chapter, the holder of an inactive license shall be deemed
to be unlicensed.
(2) An inactive license
may be renewed on the same terms and conditions as an active license, except
that a person with an inactive license need not comply with the ((continuing))
education requirements of RCW 18.85.095(2)(a) or 18.85.165. Failure to
renew shall result in cancellation in the same manner as an active license.
(3) An inactive license
may be placed in an active status upon completion of an application as provided
by the director and upon compliance with this chapter and the rules adopted
pursuant thereto. ((Subject to RCW 18.85.097,)) If a holder has
an inactive license for more than three years, the holder must show proof of
successfully completing a thirty clock hour course in real estate within one
year prior to the application for active status. Holders employed by the state
and conducting real estate transactions on behalf of the state are exempt from
this course requirement.
(4) The provisions of
this chapter relating to the denial, suspension, and revocation of a license
shall be applicable to an inactive license as well as an active license, except
that when proceedings to suspend or revoke an inactive license have been
initiated, the license shall remain inactive until the proceedings have been
completed.
NEW SECTION. Sec.
4.RCW 18.85.097 and 1987 c
332 s 18 are each amended to read as follows:
((The director may
waive the thirty clock-hour requirements in RCW 18.85.095 and 18.85.215 if the
director makes a determination that the individual is otherwise and similarly
qualified by reason of practical experience in a business allied with or
related to real estate)) The director may allow for substitution of the
clock-hour requirements in RCW 18.85.090(1)(d) and RCW 18.85.095(1)(b), if the
director makes a determination that the individual is otherwise and similarly
qualified by reason of completion of equivalent educational coursework in any
institution of higher education as defined in RCW 28B.10.016 or any
degree-granting institution as defined in RCW 28B.85.010 approved by the
director. The director shall establish by rule, guidelines for determining
equivalent educational coursework.
NEW SECTION. Sec.
5. This act shall take
effect July 1, 1995.
