Frequently asked questions: Regulation and enforcement
- Does the brokerage firm name have to appear in advertisement along with the salesperson's name?
- Yes. RCW 18.85.230(8) says that advertising in any manner without affixing the company name as licensed is a violation.
- I am a sole proprietor, but would like to do business in a name other than my personal name. Is there a way I can do this?
- Yes. You may apply to the Department of Licensing/Broker Licensing for permission to do business under a DBA name. If approved, that would be the sole identifying name to be used by you in all advertisement.
- I am a corporation and my corporate name includes the abbreviation "Inc." Does this have to appear in my ads, since it is part of my licensed name? Do I have to apply for a DBA to drop it in my ads?
- Yes. RCW 18.85.230(11) requires the company name as licensed. You may apply to Real Estate Licensing to drop the "Inc.", or to use a different name.
- I am licensed as a sole proprietor. Can I add the words Realty, REALTOR, Real Estate to my name without applying for a DBA?
- Yes. You can add anything to your company name providing you are also advertising using the company name as licensed.
- Can a salesperson's name be larger than the company name in print advertisements?
- Yes. There is no size requirement on the print when advertising.
- I am currently licensed as a salesperson, but I have passed the broker examination. Can I put "broker" on my business cards?
- No. Because you are not actually licensed as a broker. You may not put this on your business card until you have been issued your broker license by Real Estate Licensing.
- If my agent is selling or leasing his own property, does he have to include the brokerage name in the advertisement?
- No. RCW 18.85.230(11) requires that a real estate broker, associate broker, or salesperson advertising personally owned real property must only disclose that they hold a real estate license, unless a property is listed with a real estate company.
- An agent is contemplating a new promotional plan in which the agent will send a letter to past clients and customers asking them to provide the name of someone who wants to sell or buy. The client or customer would receive a gift certificate to a restaurant for providing the name. Does real estate license law prohibit his promotional plan?
- Yes. The active solicitation of referrals from non-principals with the promise of so called "appreciation", whether cash or gift, is construed to be a violation of the licensing law.
- Does my company name have to appear on promotional brochures, newsletters, etc., that my agent distributes marketing himself?
- Yes. RCW 18.85.230(11) states that it is a violation to advertise in any manner without affixing the broker's (company) name as licensed.
- Can a salesperson put the company name on the back cover of a personal brochure, but put his own name and picture on the front?
- Yes. The law only requires that the company name be on all advertising, it does not specify where it must be displayed.
- I recall there being some sort of rule about "double dipping" when advertising your sales volume (i.e. Claims to have #3 million in sales in 1995). What is this rule?
- There is no specific rules or laws covering this issue. It would be a violation of RCW 18.85.230(4) to print false information, and a violation of RCW 18.235.130(3) advertising that is false, deceptive, or mis leading, where that information was relied on by a principal in a transaction.
- I want to run an ad that compares the sale volume of my brokerage to those of other brokerages in the area. Are there any restrictions to this type of advertising?
- Please see the answer for the question above.
- Would a felony conviction preclude me from obtaining a real estate license?
- All convictions within the last 10 years will be reviewed individually by the department. After you have passed the examination, you will need to obtain a packet explaining what information needs to be provided to the department. Once that information is received and reviewed the real estate program manager will make a decision to issue the license or issue an Intent to Deny the license. If an Intent to Deny the license is issued, the applicant has a right to a hearing before an administrative law judge. If an applicant is registered as a sex offender, we may deny the license as long as he or she is registered, the 10 years does not apply.
- Who do I turn to if a seller has failed to disclose information on the Seller Property Disclosure Form?
- The Seller Property Disclosure Form is not regulated by any state agency. You should contact a private attorney for assistance.
- If my broker refuses to pay a commission owed to me what should I do?
- We do no have jurisdiction to resolve commission disputes. Commission disputes are a civil matter. You may want to consult a private attorney.