Chapter REEB 12

REEB 12.01(5) (5) Previously licensed brokers and salespersons. No action shall be taken on any new application of an applicant who has previously been licensed by the board until the applicant furnishes sufficient proof to the board that the applicant has not acted as a salesperson or broker since the expiration of the applicant’s license. The board may in its discretion waive this requirement.

REEB 12.01(6) (6) New applications; non-resident brokers and salespersons. No application for a real estate broker’s or salesperson’s license from any person not a resident of the state of Wisconsin may be processed prior to receipt by the department of an irrevocable consent to be sued as specified in s. 452.11, Stats.

REEB 12.01(7) (7) New applications; minors. No action shall be taken on any new application for a broker’s or salesperson’s license received from any applicant unless said applicant is a person of the age of 18 years or over.

REEB 12.01 History History: Cr. Register, April, 1972, No. 196, eff. 5-1-72; am. (2) (b), Register, July, 1972, No. 199, eff. 8-1-72; renum. from REB 2.01, r. (1) (b), renum. (1) (c) and (d) to be (1) (b) and (c), Register, February, 1981, No. 302, eff. 3-1-81; renum. from REB 2.02 and am. (1) (a), (c) 2., (e) and (f) and (2), Register, February, 1983, No. 326, eff. 3-1-83; am. (1) (a), (c) and (2) (a), r. and recr. (1) (b), Register, July, 1998, No. 511, eff. 8-1-98; correction in (1) (a), (b), (f) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671; CR 15-010: renum. (1) (a), (b), (c), (e), (f) to (1) to (5), renum. (2) (a), (b) to (1) (6) to (7), Register September 2015 No. 717, eff. 10-1-15; correction in (1) (title), (6) (title), (7) (title) under s. 13.92 (4) (b) 2., Stats., Register September 2015 No. 717; CR 23-075: am. (5) Register August 2024 No. 824, eff. 9-1-24.

REEB 12.011 REEB 12.011 Criminal conviction predetermination.

REEB 12.011(1) (1) An individual who does not possess a broker’s or salesperson’s license may apply to the board, without submitting a full application for a determination of whether the individual would be disqualified from obtaining a license or certificate based upon a criminal conviction by submitting all of the following:

REEB 12.011(1)(a) (a) An application for predetermination.

REEB 12.011(1)(am) (am) A fee in the amount of $68.00.

REEB 12.011(1)(b) (b) Police report.

REEB 12.011(1)(c) (c) Criminal complaint.

REEB 12.011(1)(d) (d) Judgment of conviction and sentencing.

REEB 12.011(1)(e) (e) Verification of compliance or completion with the terms of the sentencing.

REEB 12.011(1)(f) (f) Personal statement describing the facts that led to each offense and any rehabilitation completed.

REEB 12.011(1m) (1m) The fee under sub. (1) (am) may be applied to the application fee under s. REEB 12.01 (4) if the individual applies for a real estate broker or salesperson license within 1 year of the determination decision.

REEB 12.011(2) (2) An individual who has been convicted of a felony shall meet the requirements of s. 452.25 (1) (b), Stats., prior to submitting a request for predetermination.

REEB 12.011(3) (3) The board shall review the information related to the conviction and consider all of the following factors in making a determination:

REEB 12.011(3)(a) (a) The severity and nature of the conviction.

REEB 12.011(3)(b) (b) The amount of time that has elapsed.

REEB 12.011(3)(c) (c) The number or pattern of convictions or other similar incidents that gave rise to the conviction.

REEB 12.011(3)(d) (d) The circumstances surrounding the conviction that may have a bearing on whether the individual might repeat the behavior that was the subject of the conviction.

REEB 12.011(3)(e) (e) The relationship of the conviction to real estate practice.

REEB 12.011(3)(f) (f) The individual’s activities since the conviction, including employment, education, participation in treatment, payment of restitution, and any other factor that may be evidence of rehabilitation.

REEB 12.011(4) (4) The individual shall receive notification of the board’s determination whether the criminal convictions would disqualify the individual from obtaining a license or certificate due to the individual’s criminal record.

REEB 12.011(5) (5) The determination is binding upon the board and the department if the individual subsequently applies for license or certificate, unless there is information relevant to the determination that was not available to the board at the time of the determination.

REEB 12.011 History History: CR 15-010: cr. Register September 2015 No. 717, eff. 10-1-15; EmR1620: emerg. am. (1), cr. (1) (am), eff. 7-1-16; CR 16-042: am. (1), cr. (1) (am), (1m) Register February 2017 No. 734, eff. 3-1-17.

REEB 12.012 REEB 12.012 Application procedure for service members, former service members, and their spouses.

REEB 12.012(1) (1) In this section:

REEB 12.012(1)(a) (a) “Former service member” has the meaning in s. 440.09 (1) (a), Stats.

REEB 12.012(1)(b) (b) “Service member” has the meaning in s. 440.09 (1) (b), Stats.

REEB 12.012(1)(c) (c) “Spouse” has the meaning in s. 440.09 (1) (c), Stats.

REEB 12.012(2) (2) Each applicant for reciprocal licensure as a real estate salesperson or real estate broker shall submit all of the following, notwithstanding the materials required under ss. REEB 12.013 and 12.017:

REEB 12.012(2)(a) (a) A completed application form with the signature of the applicant.

REEB 12.012(2)(b) (b) A fee as determined by the department under s. 440.05 (2), Stats.

REEB 12.012(2)(c) (c) A statement that the applicant resides in this state.

REEB 12.012(2)(d) (d) Documentation that the applicant is a service member, a former service member, or the spouse of a service member. If an applicant is unable to provide the documentation, the applicant may submit an affidavit to the board stating that the individual is a service member, a former service member, or the spouse of a service member or former service member.

REEB 12.012(2)(e) (e) Evidence of holding a license, in good standing, that was granted by a governmental authority in a jurisdiction outside of Wisconsin that qualifies the individual to perform acts authorized under a real estate salesperson or real estate broker license granted by the board.

REEB 12.012 Note Note: Application forms are available from the Department of Safety and Professional Services’ website at http://dsps.wi.gov.

REEB 12.012(3) (3) A license granted under this subsection expires on the applicable renewal date specified in s. 440.08 (2) (a), Stats., except that if the first renewal date specified in s. 440.08 (2) (a), Stats., after the date on which the license is granted is within 180 days of the date on which the license is granted, the license expires on the 2nd renewal date specified in s. 440.08 (2) (a), Stats., after the date on which the license is granted.

REEB 12.012 History History: CR 21-055: cr. Register March 2022 No. 795, eff. 4-1-22; correction in (2) (d), (3) made under s. 35.17, Stats., Register March 2022 No. 795.

REEB 12.013 REEB 12.013 Salesperson application requirements.

REEB 12.013(1) (1) Education requirements. Except as provided in sub. (3) and s. REEB 12.012, each applicant for a real estate salesperson’s license shall submit satisfactory evidence of any of the following:

REEB 12.013(1)(a) (a) Completion, within 4 years of licensure, of real estate salesperson’s education under s. REEB 25.033 through an education program that has been approved by the board or nonresident salesperson education equivalency under s. REEB 25.038.

REEB 12.013(1)(b) (b) Completion of 10 semester hour credits in real estate or real estate law courses at an accredited institution of higher education. A quarter hour credit equals 2/3 of a semester hour credit.

REEB 12.013(2) (2) Examination requirements. Except as provided in sub. (3) and s. REEB 12.012, each applicant shall read and write a comprehensive examination in English, testing the applicant’s competency to transact the business of a real estate salesperson. The examination shall be in conformity with s. 452.09 (3), Stats.

REEB 12.013(3) (3) Reciprocity. An applicant who is licensed as a salesperson in a state or territory that has entered into a reciprocal agreement with this state shall be licensed according to the terms of the reciprocal agreement.

REEB 12.013 History History: CR 15-010: cr. Register September 2015 No. 717, eff. 10-1-15; CR 21-055: am. (1) (intro.), (2) Register March 2022 No. 795, eff. 4-1-22.

REEB 12.017 REEB 12.017 Broker application requirements.

REEB 12.017(1) (1) Education requirements. Except as provided in sub. (4) and s. REEB 12.012, each applicant for a real estate broker’s license shall submit satisfactory evidence of any of the following:

REEB 12.017(1)(a) (a) Completion, within 4 years of broker’s licensure, of a real estate broker’s education program in business management under s. REEB 25.023 through an education program that has been approved by the board and evidence of any of the following:

REEB 12.017(1)(a)1. 1. Licensure as a real estate salesperson.

REEB 12.017(1)(a)2. 2. Completion of a real estate salesperson’s education program under s. REEB 25.033 or completion of 10 semester hour credits in real estate or real estate related law courses from an accredited institution of higher education.

REEB 12.017(1)(b) (b) Completion of nonresident broker equivalency under s. REEB 25.028.

REEB 12.017(1)(c) (c) Completion of 20 semester hour credits in real estate or real estate law courses at an accredited institution of higher education. A quarter hour credit equals 2/3 of a semester hour credit.

REEB 12.017(1)(d) (d) The applicant is licensed to practice law in this state.

REEB 12.017(2) (2) Examination requirements. Except as provided in sub. (4) and s. REEB 12.012, each applicant for a real estate broker’s license shall read and write a comprehensive examination in English, testing the applicant’s competency to transact the business of a real estate broker. The examination shall be in conformity with s. 452.09 (3), Stats.

REEB 12.017(3) (3) Experience requirements. Except as provided in sub. (4) and s. REEB 12.012:

REEB 12.017(3)(a) (a) Each individual applicant for a real estate broker’s license shall submit evidence satisfactory to the board that the applicant has practiced as a licensed salesperson under the direct supervision of a licensed broker for at least 2 years within the last 4 years preceding the date of the application. Except as provided in pars. (b) to (d), the evidence shall demonstrate that the applicant’s experience as a licensed salesperson qualifies the applicant for a total of at least 40 points based on the following point system:

REEB 12.017(3)(a)1. 1. Each completed or closed residential transaction is worth 5 points.

REEB 12.017(3)(a)2. 2. Each completed or closed commercial transaction is worth 10 points.

REEB 12.017(3)(a)3. 3. Each property management contract is worth 0.5 points per month.

REEB 12.017(3)(a)4. 4. Each completed or closed time share is worth one point.

REEB 12.017(3)(b) (b) An applicant who is licensed to practice law in this state may satisfy the requirement under par. (a) by submitting to the board any of the following:

REEB 12.017(3)(b)1. 1. Evidence satisfactory to the board that the applicant has experience related to real estate.

REEB 12.017(3)(b)2. 2. Evidence that the applicant has at least one year experience as a licensed salesperson under the direct supervision of a licensed broker that qualifies the applicant for a total of at least 20 points based upon the point system in par. (a) 1 to 4.

REEB 12.017(3)(c) (c) An applicant who holds a current certificate of financial responsibility under s. 101.654, Stats., may satisfy the requirement under par. (a) by submitting to the board any of the following:

REEB 12.017(3)(c)1. 1. Evidence satisfactory to the board that the applicant has experience related to real estate sales.

REEB 12.017(3)(c)2. 2. Evidence that the applicant has at least one year experience as a licensed salesperson under the direct supervision of a licensed broker that qualifies the applicant for a total of at least 20 points based upon the point system in par. (a) 1 to 4.

REEB 12.017(3)(d) (d) Except as provided in a reciprocal agreement under s. 452.05 (3), Stats., a nonresident applicant may satisfy the requirement under par. (a) by submitting to the board evidence satisfactory to the board that the applicant has been a licensed broker under the laws of another state for at least 2 years within the last 4 years preceding the date of the applicant’s application.

REEB 12.017(4) (4) Reciprocity. An applicant who is licensed as a broker in a state or territory that has entered into a reciprocal agreement with this state shall be licensed according to the terms of the reciprocal agreement.

REEB 12.017 History History: CR 15-010: cr. Register September 2015 No. 717, eff. 10-1-15; correction in (3) (intro.) made under s. 35.17, Stats., Register September 2015 No. 717; CR 21-055: am. (1) (intro.), (2), (3) (intro.) Register March 2022 No. 795, eff. 4-1-22; CR 21-018: am. (3) (a) Register August 2023 No. 812, eff. 9-1-23; CR 23-075: am. (3) (a) (intro.), (d) Register August 2024 No. 824, eff. 9-1-24.

REEB 12.025 REEB 12.025 Examinations.

REEB 12.025(1m) (1m) Passing Score. The board shall determine the level of examination performance required for minimum acceptable competence after consultation with subject matter experts who have received a representative sample of the examination questions and available candidate performance statistics. The board shall set the passing score at the point that represents minimum acceptable competence in the profession.

REEB 12.025(2) (2) Review. All applicants who obtain a failing score shall receive a report detailing the results of the applicant’s examination in the major content areas of the examination.

REEB 12.025(3) (3) Cheating on examination. An applicant may not give or receive unauthorized assistance during an examination, violate the rules of conduct of the examination, or otherwise act dishonestly. The action taken by the board for a violation of this section shall be related to the seriousness of the offense. An action may include withholding the score of the applicant, entering a failing score for the applicant, and suspending the ability of the applicant to sit for the next scheduled examination after the examination at which the conduct occurred.

REEB 12.025 Note Note: This section interprets or implements s. 452.09 (3), Stats.

REEB 12.025 History History: Cr. Register, December, 1976, No. 252, eff. 1-1-77; r. and recr. Register, December, 1978, No. 276, eff. 1-1-79; renum. from REB 2.035, Register, February, 1981, No. 302, eff. 3-1-81; renum. from REB 2.025, Register, February, 1983, No. 326, eff. 3-1-83; r. (3), Register, July, 1998, No. 511, eff. 8-1-98; CR 15-010: am. (title), r. (1), cr. (1m), am. (2), renum. (3) from REEB 12.026 Register September 2015 No. 717, eff. 10-1-15; CR 23-075: am. (2), (3) Register August 2024 No. 824, eff. 9-1-24.

REEB 12.04 REEB 12.04 Renewal and reinstatement.

REEB 12.04(1) (1) Renewal less than 5 years after license expiration.

REEB 12.04(1)(a) (a) If a licensee renews their real estate license less than 5 years after the renewal date, as defined in s. 440.01 (1) (dm), Stats., the licensee shall pay the applicable renewal fee and late renewal fee specified in s. 440.08, Stats., and provide evidence of having satisfied the continuing education required by s. 452.12 (5), Stats., during the biennium preceding the date of renewal of the license.

REEB 12.04(1)(c) (c) The licensee shall before the next renewal date satisfy the continuing education required of all licensees during the biennium in which the licensee renews the license.

REEB 12.04(2m) (2m) Renewal of license more than 5 years after license expiration.

REEB 12.04(2m)(a) (a) General. A licensee with an expired license may not reapply for the license using the initial application process.

REEB 12.04(2m)(b) (b) Salesperson license. A licensee who renews a salesperson license more than 5 years after the license expiration shall submit evidence of all of the following:

REEB 12.04(2m)(b)1. 1. ‘Education.’ Completion of any of the following:

REEB 12.04(2m)(b)1.a. a. Real estate salesperson education under s. REEB 25.033 within 5 years of renewal of license.

REEB 12.04(2m)(b)1.b. b. Ten semester hour credits in real estate or real estate law courses from an accredited institution of higher education.

REEB 12.04(2m)(b)1.c. c. Real estate salesperson education under s. REEB 25.038. This option only applies to a licensee who held an active license in another jurisdiction within 2 years of renewal of Wisconsin license.

REEB 12.04(2m)(b)2. 2. ‘Examination.’ Passage of the examination required under s. REEB 12.013 (2).

REEB 12.04(2m)(b)3. 3. ‘Continuing education.’ Completion of the continuing education required by s. 452.12, Stats., for the biennium preceding the date of renewal of the license. A licensee completing education under subd. 1. a. or c. meets the continuing education requirement.