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Practice Of Real EstateLicense_lawHARD

A Wisconsin real estate broker, Helen, is also a licensed attorney. One of her clients asks her to handle the legal closing of a real estate transaction and to also act as the listing broker on the same property. Helen agrees to do both. Under Wisconsin law, which of the following most accurately describes Helen's obligations in this situation?

Correct Answer

C) Helen may act in both capacities but must provide full written disclosure of her dual roles to all parties and obtain their informed consent

Under Wisconsin Statutes Chapter 452 and REEB regulations, a licensee who holds dual professional roles — such as attorney and broker — acting in both capacities on the same transaction creates a potential conflict of interest. Wisconsin law requires full written disclosure of the dual roles to all parties involved and informed consent from those parties before the licensee may proceed in both capacities. This disclosure requirement ensures that all parties understand the nature of the relationships and can make informed decisions about whether to consent to the arrangement.

Answer Options
A
Helen may freely act as both the closing attorney and the listing broker because her dual licensure eliminates any conflict of interest
B
Helen must choose one role only — she cannot act as both the listing broker and the closing attorney on the same transaction under any circumstances
C
Helen may act in both capacities but must provide full written disclosure of her dual roles to all parties and obtain their informed consent
D
Helen's attorney license supersedes her broker license in this transaction, so only the rules of professional conduct for attorneys apply

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Related Topics & Key Terms

Key Terms:

dual_licensureconflict_of_interestdisclosure_obligationattorney_brokerchapter_452

Related Concepts

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.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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