452.19 Fees and commissions.
(1) No licensee may pay a fee or a commission or any part thereof for performing any act specified in this chapter or as compensation for a referral or as a finder's fee to any person who is not licensed under this chapter or who is not regularly and lawfully engaged in the real estate brokerage business in another state, a territory or possession of the United States, or a foreign country.
(2) If a licensee is associated with a firm, all fees or commissions and any part thereof for performing any act specified in this chapter and all compensation for a referral or as a finder's fee shall be paid to the firm.
History: 1981 c. 94; 1983 a. 464; 1985 a. 128; 1989 a. 307; 2015 a. 258; 2017 a. 365 s. 111.
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.
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.