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Practice Of Real EstateLicense_lawHARD

Grace is a licensed Washington broker who also holds an active Oregon broker license. She is representing a seller whose property is located in Oregon but whose buyer is a Washington resident. The transaction will close in Washington. Grace wants to handle the transaction under her Washington license only. Under Washington law, which statement most accurately describes Grace's ability to do so?

Correct Answer

B) Grace may not represent the seller in an Oregon transaction under her Washington license; she must use her Oregon license for Oregon-located property

Real estate licensing jurisdiction is determined by the location of the property, not the location of the buyer, the closing, or the licensee's residence. Because the property is located in Oregon, Grace must hold a valid Oregon real estate license to represent the seller in that transaction. Her Washington license authorizes her to practice real estate only in Washington State for Washington-located properties. Fortunately, Grace does hold an active Oregon license, so she should use that license for the Oregon transaction. Using her Washington license to transact Oregon real estate would constitute unlicensed practice in Oregon.

Answer Options
A
Grace may represent the seller under her Washington license because the buyer is a Washington resident
B
Grace may not represent the seller in an Oregon transaction under her Washington license; she must use her Oregon license for Oregon-located property
C
Grace may represent the seller under her Washington license because the closing will occur in Washington State
D
Grace may represent the seller under either license at her discretion because she holds both licenses simultaneously

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Related Topics & Key Terms

Key Terms:

jurisdictional_authorityproperty_locationout_of_state_propertyrcw_18_85dual_licensee

Related Concepts

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

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