Chapter 1 of 1614% of exam

General Rules: the Department, the Commission, and Discipline

Area I of the Washington state outline is worth 6 of the 44 state items. It covers the statutory definitions, the powers of the Department of Licensing and the real estate commission, the investigation and sanction machinery, and the real estate research center.

Who regulates, and who only advises

Real estate licensing sits with the Washington State Department of Licensing under chapter 18.85 RCW. RCW 18.85.041 gives the director the operative powers: to issue rules with the advice and approval of the commission, to enforce the licensing laws, to grant or deny licenses, to hold hearings, and to set standards for clear and conspicuous advertising. The real estate commission created by RCW 18.85.021 is the director as chair plus six members appointed by the governor for six-year terms, at least two from west of the Cascades and at least two from east of them, and the statute says in terms that they 'act in an advisory capacity to the director.' The commission does conduct examinations of applicants under RCW 18.85.031, but it does not issue or revoke licenses.

Definitions worth memorizing

RCW 18.85.011 controls the vocabulary. 'Commercial real estate' is any parcel other than real estate containing one to four residential units, excluding single-family lots and units sold or leased unit by unit unless the purpose is commercial — a definition that matters because RCW 18.86.020(3) excuses a services agreement for a buyer's agent acting solely for commercial real estate. A 'designated broker' owns a sole proprietorship firm or holds a controlling interest and carries a 'designated broker' endorsement on a managing broker's license. An 'inactive license' is one that is not expired and not affiliated with a firm. WAC 308-124-300 adds the rule-level definitions of branch manager, affiliated licensee, brokerage service contract, and branch office.

Investigations, hearings, appeals, and penalties

Chapter 18.235 RCW, the uniform regulation of business and professions act, governs unlicensed practice, license denial, and discipline (RCW 18.85.440). Chapter 308-124I WAC sets the audit and investigation procedure and states that licensees have no privacy interest in the records they are required to keep. After an adjudicative hearing the director may act on a preponderance of the evidence (RCW 18.85.380). An appeal goes to superior court, and RCW 18.85.390 requires a $1,000 cash bond and the notice to be filed within thirty days of the director's decision; RCW 18.85.401 then makes the appellant pay for the certified transcript within fifteen days. Sanctions come from RCW 18.235.110, which caps a fine at $5,000 per violation. Acting without a license is separately a gross misdemeanor under RCW 18.85.411.

The real estate research center

RCW 18.85.451 assesses a $20 fee on every original and renewal broker and managing broker license, including renewals of inactive licenses. RCW 18.85.461 deposits those receipts in the Washington real estate research account, spendable only for the purposes of RCW 18.85.471 — a research center the director establishes by memorandum of understanding with an institution of higher learning, to research affordable housing and real estate economics, support licensee education, and recommend statutory changes. All three sections expire September 30, 2035, a sunset extended by 2025 c 362. Keep the money straight: fines go to the real estate education program account (RCW 18.85.321), and pooled trust account interest is split seventy-five/twenty-five between the housing trust fund and that education account (RCW 18.85.311).

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State-specific details

State exam facts

Exam vendor
PSI
Prelicensing education
90 clock hours beyond the broker license — advanced real estate law, brokerage management and business management, each at least 30 hours — plus 3 years of full-time Washington broker experience
Passing score
Scaled score of 75 on each portion (the entry Broker exam passes at 70)
Scored questions
134
Time limit
240 minutes
Who regulates real estate brokers in Washington?

The Washington State Department of Licensing (DOL) regulates real estate licensees under chapter 18.85 RCW; the real estate commission created by RCW 18.85.021 is the director plus six governor-appointed members who act in an advisory capacity. Note Washington's tiered naming: the entry-level license is called 'broker,' while the supervisory tier is 'managing broker.' DOL contracts with PSI to deliver both exams.

What experience do I need before the Washington managing broker exam?

RCW 18.85.111 requires three years of licensed experience as a full-time real estate broker in Washington or a comparable jurisdiction, obtained within the five years before you apply, plus 90 clock hours of instruction that must include advanced real estate law, real estate brokerage management and business management. WAC 308-124A-750 requires each of those courses to run at least 30 hours, carry a comprehensive examination and be completed within three years of applying; WAC 308-124A-713 sets out alternative routes for applicants qualifying by practical experience in an allied business.

How is the Washington managing broker exam structured?

PSI bulletin 4658 gives the managing broker exam a national portion of 90 scored items worth 100 points in 150 minutes and a Washington state portion of 44 scored items worth 48 points in 90 minutes — 134 scored items in 240 minutes together, plus 5 to 10 unscored experimental questions. The state items are not all worth one point: the four 'Scenarios in Real Estate Practice' items are worth two points each, which is why 44 items carry 48 points, and that block appears only on the managing broker exam. The portions are scored separately, you must attain a scaled score of 75 on each, and a passing portion is valid for six months while you complete the other. The entry Broker exam is 100 national plus 30 state items and passes at 70.

Sources: https://test-takers.psiexams.com/api/content/bulletin/4658, https://dol.wa.gov/professional-licenses/real-estate-managing-brokers, https://app.leg.wa.gov/RCW/default.aspx?cite=18.85, https://app.leg.wa.gov/RCW/default.aspx?cite=18.86

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