452.03 Brokers and salespersons licensed.
(1) Except as provided in s. 452.137, no person may engage in or follow the business or occupation of, or advertise or hold himself or herself out as, or act temporarily or otherwise as a broker or salesperson without a license issued under this chapter. The board may grant a license only to a person who is competent to transact that business or occupation in a manner that safeguards the interests of the public, and only after satisfactory proof of the person's competence has been presented to the board.
(2) No license under this chapter is required for an individual who, on behalf of and under the direction of a firm or one or more licensees associated with a firm, provides the firm or licensee with services that are limited to those that are purely administrative, clerical, or personal in nature.
History: 1981 c. 94, 391; 1989 a. 307; 2011 a. 32; 2015 a. 258.
Under s. 452.03 an agreement to pay a real estate brokerage commission to a person not licensed as a broker is void at its inception. Using a licensed broker who provides no actual services as a conduit for a fee to an unlicensed person does not create a co-brokerage arrangement authorized by s. 452.19. Badger III Ltd. v. Howard, Needles, Tammen & Bergendoff, 196 Wis. 2d 891, 539 N.W.2d 904 (Ct. App. 1995), 94-2531.
Officers of a corporation or partners of a partnership can act for the corporation or partnership in the rental of real estate owned by the entity without being licensed as real estate brokers. 60 Atty. Gen. 1 (1971).
Actions of a tenants union on behalf of its members may require a real estate broker's license. 60 Atty. Gen. 118 (1971).
The permitted limits of nonlicensed independent contractor agents are discussed. 70 Atty. Gen. 23.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 452 - Real estate practice.
452.03 - Brokers and salespersons licensed.
452.05 - Duties and powers of board.
452.06 - Councils and committees.
452.08 - Board receipt of proposed legislation.
452.09 - Application for license, contents.
452.10 - Applications, verification, fees, exceptions.
452.11 - Nonresident applicants and licensees.
452.132 - Responsibilities of firms and licensees.
452.133 - Duties of licensees; prohibitions.
452.134 - Agency relationships; multiple representation relationships.
452.135 - Disclosure of duties.
452.136 - Advertising by licensees.
452.137 - Cooperation with out-of-state brokers and salespersons.
452.138 - Firms providing services in more than one transaction.
452.139 - Changes in common law duties and liabilities of brokers and parties.
452.14 - Investigation and discipline of licensees.
452.142 - Actions concerning licensees.
452.19 - Fees and commissions.
452.20 - Limitation on actions for commissions.
452.21 - Compensation presumed.
452.22 - Certifications as evidence.
452.23 - Disclosures, investigations and inspections by brokers and salespersons.
452.24 - Disclosure duty; immunity for providing notice about the sex offender registry.
452.25 - Criminal convictions and disclosures.
452.30 - Association with firm; independent practice.
452.34 - Unlicensed personal assistants.
452.38 - Independent contractor relationship.