|
S.F. No. 0119 |
Real estate brokers and salesmen
revisions-2. |
Sponsored By: Senator(s) Johnson and Representative(s)
Miller
AN ACT relating to real estate
brokers and salesmen; making general revisions throughout the Real Estate
License Act; amending and repealing provisions as required; providing
definitions; and providing for an effective date.
1/19/2011 Bill Number Assigned
1/20/2011 S Received for Introduction
1/20/2011 S Introduced and Referred to S09
1/27/2011 S09 Recommended Amend and Do Pass
ROLL CALL
Ayes:
Senator(s) Bebout, Coe, Cooper,
Ayes 5 Nays
0 Excused 0 Absent 0 Conflicts
0
1/27/2011 S Placed on General File
SF0119SS001/ADOPTED
Page 2-line 4 After "33‑28‑119"
insert "(a), (c) through (g) and by adding new subsections (h) and (j)".
Page 3-line 10 Delete "property" insert "estate".
Page 4-line 10 Delete "property" insert "estate".
Page 4-line 12 Delete "property" insert "estate".
Page 7-line 6 Delete "third party other" insert
"title company, closing agent or attorney
licensed in this state".
Page 7-line 7 Delete through "company".
Page 8-line 13 Delete "property" insert "estate".
Page 10-line 9 Delete "property" insert "estate".
Page 11-line 9 Delete "property" insert "estate".
Page 16-line
12 Delete "property" insert "estate".
Page 16-line
14 Delete "property" insert "estate".
Page 16-line
21 Delete "property" insert "estate".
Page 18-line 1 Delete "property" insert "estate".
Page 20-line 1 Strike "property" insert "estate".
Page 38-line 3 Delete "person" insert "licensee".
Page 38-line 4 Delete "property" insert "estate".
Page 38-line
16 Strike "property"
insert "estate".
Page 45-line
18 Strike "property"
insert "estate".
Page 45-lines
22 through 24 Delete.
Page 46-lines
1 and 2 Delete.
Page 47-line 5 Strike "property" insert "estate".
Page
47-line 6 Strike "whether"
insert "unless"; strike "or
not".
Page 47-line
12 Strike "property"
insert "estate"; strike "whether"
insert "unless"; strike "or
not".
Page 47-line
14 After "associated"
insert "." and strike balance
of line.
Page
47-line 15 Strike.
Page 47-line
18 Delete "property" insert "estate".
Page 47-line
20 Delete and insert "owner of the real estate is a licensee.".
Page 48-line 7 Strike "licensed".
Page 49-line
19 Delete new language and insert "and the name of the funds holder".
Page 61-line
18 Strike "property"
insert "estate".
Page 62-line
23 Delete "property" insert "estate".
Page 63-line 1 Delete "property" insert "estate".
Page 63-line 8 After "through"
delete first "(vii)".
Page 63-line 9 After "33‑28‑111(a)(xxix)(B)," insert "33‑28‑119(b),". BEBOUT, CHAIRMAN
1/31/2011 S
Passed CoW
SF0119S2001/ADOPTED
Page 41-line
22 Delete "five"
insert "two thousand five hundred dollars ($2,500.00)".
Page 41-line
23 Delete through "($5,000.00)". ROSS
2/1/2011 S
Passed 2nd
2/2/2011 S
Passed 3rd
ROLL CALL
Ayes:
Senator(s) Anderson, Barnard, Bebout, Burns, Christensen, Coe, Cooper,
Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Jennings,
Johnson, Landen, Martin, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross,
Rothfuss, Schiffer and Von Flatern
Nays:
Senator(s) Case and Scott
Ayes 28 Nays
2 Excused 0 Absent 0 Conflicts
0
2/3/2011 H
Received for Introduction
2/4/2011 H
Introduced and Referred to H09
2/9/2011 H09
Recommended Amend and Do Pass
ROLL CALL
Ayes:
Representative(s) Byrd, Greear, Kasperik, Lockhart, Moniz, Roscoe,
Stubson, Zwonitzer, Dn. and Zwonitzer, Dv.
Ayes 9 Nays
0 Excused 0 Absent 0 Conflicts 0
2/9/2011 H Placed on General File
SF0119HS001/ADOPTED (TO ENGROSSED COPY)
Page 8-line 12 Delete "commission" insert "compensation". LOCKHART, CHAIRMAN
SF0119HW001/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 2-line 2 Delete "(xix)" insert "(xx)".
Page 2-line 3 Delete "33‑28‑114(a)" insert "33‑28‑114".
Page 2-line 10 Delete "and" insert ",";
after "33‑28‑306(a)(intro)" insert ", (i) and (iv)
and 33‑28‑308(a), (c), (d), (f) and (h)".
Page 8-line 11 Delete "an" insert "the".
Page 34-line
22 Strike "a
commission" insert "compensation".
Page 39-line
14 Strike "commission"
insert "compensation".
Page 40-After
line 14 Insert:
"(xx) Failing
to obtain written listing agreements identifying the property and containing
all terms and conditions under which the property is to be sold including the
price, the commission compensation to be paid, the signatures of all
parties concerned and a definite expiration date;".
Page 42-After line 9 Insert:
"(b) If any
person receives any money or the equivalent thereof as a fee, commission, compensation or profit by or in
consequence of a violation of any provision of this act, he shall, in addition,
be liable to a penalty of not less than the amount of the sum of money so
received and not more than three (3) times the sum so received as may be
determined by the court, which penalty may be recovered in a court of competent
jurisdiction by any person aggrieved.".
Page 51-line 7 Strike
"commission" insert "compensation".
Page 63-After line 3 Insert:
"(i) A
description of all the different agency, intermediary and customer
relationships allowed by this article and a statement that the commission compensation
for different relationships is negotiable;
(iv) A statement that any
established relationship cannot be modified without the written consent of the
buyer or seller and that the buyer or seller may, but is not required to,
negotiate different commission fees compensation as a condition of consenting to a
change in relationship;
33‑28‑308. Compensation.
(a) In any real
estate transaction, the broker's compensation may be paid by the seller, the
buyer, a third party, or by the sharing or splitting of a commission or compensation between brokers.
(c) A seller may
agree that an intermediary, buyer's agent, subagent or a licensee working with
a buyer as a customer may share in the commission
or other compensation paid by the seller with another broker.
(d) A buyer may
agree that a seller's agent, intermediary, subagent or a licensee working with
a seller as a customer may share in the commission
or other compensation paid by the buyer with another broker.
(f) Prior to
entering into a written agreement with the seller and buyer, or prior to
entering into a contract to buy or sell, the broker shall disclose in writing
to the seller and buyer to the transaction, the agency, intermediary or
customer relationships of all parties, persons and entities paying compensation
or commissions to the broker.
(h) An agreement
authorizing a broker who originally agreed in writing to act as an agent to a
buyer or seller with respect to a particular real estate transaction to act
instead as an intermediary to that party, shall provide that the party agreeing
to the new relationship shall not be liable for any commission
compensation greater than the commission compensation
the party would have been liable to pay under the initial agreement. Any
contract provision in violation of this subsection is void and unenforceable.". MILLER
SF0119HW002/ADOPTED (TO ENGROSSED COPY)
Page 2-line 3 After "(A)," insert "33‑28‑112(b),".
Page 3-After
line 22 Insert:
"(v) "Auction", when used as a noun,
means a method of sale at a predetermined date and time, by means of one (1) or
more exchanges between an auctioneer and prospective purchasers either in
person verbally or physically, or by regular mail, telecommunications, the
internet or an electronic transmission, the exchanges consisting of one (1) or
more offers to sell made by the auctioneer and offers to purchase made by
prospective purchasers, with the right to acceptance of offers to purchase
residing with the auctioneer. "Auction"
includes a sale of real estate in which there has been a solicitation or
invitation by advertisement to the public in advance for bidding using sealed
bids, provided that the bids are opened and there is a call for an advancement
of the bids. "Auction" when
used as a verb, means any act or conduct done for compensation or the
expectation thereof and designed, intended or expected to affect the bidding or
results of a real estate auction, including, but not limited to, serving as an
auctioneer or ringman or encouraging, soliciting or receiving bids.".
Page 14-line 3 After "exchanging," insert "auctioning,".
Page 14-line 7 After "sale" insert ", auction".
Page 41-After
line 14 Insert:
"33‑28‑112. Enjoining violations of chapter;
penalties for violation of injunction.
(b) Any defendant
so enjoined who violates an injunction shall be punished for contempt of court
by a fine of not more than one thousand dollars
($1,000.00) two thousand five hundred
dollars ($2,500.00) or by imprisonment in the county jail for not
more than six (6) months or both.".
Renumber as
necessary. ZWONITZER, DV.,
BLAKE, BROWN
SF0119HW003/FAILED (TO ENGROSSED COPY)
Page 2-line 1 After "33‑28‑111(a)(intro)," insert "(ii)".
Page 27-line 2 After "course." insert "A course of study approved under this paragraph shall include
at least four (4) hours of instruction in ethics.".
Page 28-line
15 After "commission,"
insert "including at least two (2) hours of
instruction in ethics,".
Page 38-After
line 11 Insert:
"(ii) Violation
of this act or any rule of the commission, including
violations of this act or any rule of the commission between brokers or
salesman within a real estate office;". ESQUIBEL, K., BROWN
2/18/2011 H
Passed CoW
2/22/2011 H
Passed 2nd
2/23/2011 H
Passed 3rd
ROLL CALL
Ayes:
Representative(s) Barbuto, Berger, Blake, Blikre, Bonner, Botten,
Brechtel, Brown, Buchanan, Burkhart, Byrd, Campbell, Cannady, Childers,
Connolly, Craft, Edmonds, Eklund, Esquibel, K., Freeman, Gay, Gingery, Goggles,
Greear, Greene, Harshman, Harvey, Hunt, Illoway, Jaggi, Kroeker, Krone, Loucks,
Lubnau, Madden, McKim, McOmie, Miller, Moniz, Nicholas, B., Patton, Peasley,
Petersen, Petroff, Quarberg, Roscoe, Semlek, Shepperson, Steward, Stubson,
Teeters, Throne, Vranish, Wallis and Zwonitzer, Dv.
Nays:
Representative(s) Zwonitzer, Dn.
Excused:
Representative(s) Davison, Kasperik, Lockhart and Pederson
Ayes 55 Nays
1 Excused 4 Absent
0 Conflicts 0
2/23/2011 S
Received for Concurrence
2/23/2011 S
Did Concur
ROLL CALL
Ayes:
Senator(s) Barnard, Burns, Case, Christensen, Cooper, Dockstader,
Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Jennings,
Johnson, Landen, Martin, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross,
Rothfuss, Schiffer, Scott and Von Flatern
Excused: Senator(s) Anderson, Bebout
and Coe.
Ayes 27 Nays
0 Excused 3 Absent 0 Conflicts
0
2/23/2011 Assigned Number SEA No. 0056
2/24/2011 S President Signed SEA No. 0056
2/25/2011 H Speaker Signed SEA No. 0056
3/2/2011 Governor Signed SEA No. 0056
3/2/2011 Assigned Chapter Number
Chapter
No. 0104 Session
Laws of Wyoming 2011