All Inclusive Package with Bonus Material!
For those taking the managing broker real estate exam, we have all the new courses that you need! We have been providing pre-license courses to real estate professionals for over 35 years and are committed to helping you reach your goal of becoming a Real Estate Managing Broker. Our 90-hour package includes the required 30-hour Broker Management, 30-hour Business Management, and 30-hour Advanced Law courses.
We provide professional learning tools for the managing broker students, preparing to advance their career. Our course contains the essentials of real estate principles, law, and practices taught in real estate schools and colleges across the country, including all those fundamentals that real estate educators, practicing professionals, national testing services, and state licensing officials agree are necessary for basic competence. Once up and running we are not going to leave you behind. Students get a live conference call covering exactly how to pass the exam, following your coursework. Our company slogan is Education Made Easy. That is exactly what you will get.
Education with all the bells and whistles:
As preparation for the Managing Broker exam we"ve got you covered:
1.Textbook available with Washington Real Estate All-in-One Review and Testing to pass the PSI Exam. Practice questions simulate the exam.
2. Live Instructor cram preparation. Don"t miss it! This is a huge advantage to you, ensuring your success in passing the exam the first time. Our instructor will walk you through all the material and save you time by telling you exactly what to study. Passing the exam then becomes easy.
We provide you the extra material you need. Your success is our success.
Washington Advanced Real Estate Law* (30 hrs), Washington Brokerage Management* (30 hrs) and Washington Business Management* (30 hrs)
Upon completion of this section, you should be able to:
Broker Limitations in Preparing Agreements
A broker should avoid drafting contracts, contract provisions, or legal documents that could be construed as the product of unlicensed practice of law. This includes listing agreements, purchase and sale agreements, buyer agency agreements, leases, exchanges and options on real property. Your job is to assist your clients in completing the standard contract forms. Guide your clients by educating them on each of the clauses in the contract and how they might best draft the agreements. Advise your clients to seek proper legal counsel if the contract should extend beyond the standard form or should your client wishes to have a customs agreement drafted.
Use only standard forms in the exercise of your duties. Such forms must be reviewed and approved by real estate attorneys. Use extreme caution in adding anything to these standard forms.
Note: Many brokerages have policies that strictly prohibit brokers from writing additional clauses into a contract without management approval. As an agent, it is imperative that you understand your brokerage's policies regarding this.
Cultum v. Heritage House Realtors
In Cultum v. Heritage House Realtors, the court ruled that brokers need to take great care in using the standardized forms and must ensure that all additions are in line with the terms and conditions of the contract, or the broker can be held liable for damages and losses. According to the ruling:
"[An agent] is permitted to complete simple printed standardized real estate forms, which forms must be approved by a lawyer, it being understood that these forms shall not be used for other than simply real estate transactions which arise in the usual course of the [agent's] business and that such forms will be used only in connection with real estate transactions actually handled by such [agent] as [an agent] and then without charge for the simple service of completing the form."
Check for Understanding Question
You are writing a Purchase and Sale Agreement (PSA) for your buyer client. Your client may be exposed to a pay cut or layoff due to some union negotiations.
Conversely, he may be eligible for a promotion and a pay increase, depending on the union settlement. Your client has written three very detailed paragraphs on this situation and would like them to be a contingency to the contract so that he may not be bound to complete the purchase if certain circumstances should arise. He would like this verbiage to be added to the standard form as an addendum. As the buyer’s broker, which of the following is the best course of action that you can take?
Offenses Outlined in RCW 18.85, RCW 18.86.030, and RCW 18.235.130
The following Revised Code of Washington laws deal with the duties of a broker, unprofessional conduct, and disciplinary actions.
Disciplinary Action - Grounds
“In addition to the unprofessional conduct described in RCW 18.235.130, the director may take disciplinary action against any person engaged in the business or acting in the capacity of a real estate broker, managing broker, designated broker, or real estate firm, regardless of whether the transaction was for the person's own account or in a capacity as broker, managing broker, designated broker, or real estate firm, and may impose any of the sanctions and fines specified in RCW 18.235.110 for any holder or applicant who is guilty of:
Broker’s Specific Duties by State Law
1.“Regardless of whether a broker is an agent, the broker owes to all parties to whom the broker renders real estate brokerage services the following duties, which may not be waived:
2. Unless otherwise agreed, a broker owes no duty to conduct an independent inspection of the property or to conduct an independent investigation of either party's financial condition, and owes no duty to independently verify the accuracy or completeness of any statement made by either party or by any source reasonably believed by the broker to be reliable.”
“Unprofessional conduct - Acts or conditions that constitute.
The following conduct, acts, or conditions constitute unprofessional conduct for any license holder or applicant under the jurisdiction of this chapter:
1. The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession or operation of the person's business, whether the act constitutes a crime or not. At the disciplinary hearing, a certified copy of a final holding of any court of competent jurisdiction is conclusive evidence of the conduct of the license holder or applicant upon which a conviction or the final holding is based. Upon a conviction, however, the judgment and sentence are conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Except as specifically provided by law, nothing in this subsection abrogates the provisions of chapter 9.96A RCW. However, RCW9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130;
2. Misrepresentation or concealment of a material fact in obtaining or renewing a license or in reinstatement thereof;
3. Advertising that is false, deceptive, or misleading;
4. Incompetence, negligence, or malpractice that results in harm or damage to another or that creates an unreasonable risk of harm or damage to another;
5. The suspension, revocation, or restriction of a license to engage in any business or profession by a competent authority in any state, federal, or foreign jurisdiction. A certified copy of the order, stipulation, or agreement is conclusive evidence of the revocation, suspension, or restriction;
6. Failure to cooperate with the disciplinary authority in the course of an investigation, audit, or inspection authorized by law by:
7. Failure to comply with an order issued by the disciplinary authority;
8. Violating any of the provisions of this chapter or the chapters specified in RCW 18.235.020(2) or any rules made by the disciplinary authority under the chapters specified in RCW 18.235.020(2);
9. Aiding or abetting an unlicensed person to practice or operate a business or profession when a license is required;
10. Practice or operation of a business or profession beyond the scope of practice or operation as defined by law or rule;
11. Misrepresentation in any aspect of the conduct of the business or profession;
12. Failure to adequately supervise or oversee auxiliary staff, whether employees or contractors, to the extent that consumers may be harmed or damaged;
13. Conviction of any gross misdemeanour or felony relating to the practice of the person's profession or operation of the person's business. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Except as specifically provided by law, nothing in this subsection abrogates the provisions of chapter 9.96A RCW. However, RCW 9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130;
14. Interference with an investigation or disciplinary action by willful misrepresentation of facts before the disciplinary authority or its authorized representatives, or by the use of threats or harassment against any consumer or witness to discourage them from providing evidence in disciplinary action or any other legal action, or by the use of financial inducements to any consumer or witness to prevent or attempt to prevent him or her from providing evidence in disciplinary action; and
15. Engaging in unlicensed practice as defined in RCW 18.235.010.”
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