Approved Forms and the Legal-Advice Boundary
A small but important block tests where a licensee's use of approved forms ends and the unauthorized practice of law begins. This chapter covers that boundary.
Using Approved Forms
Licensees may complete Wisconsin's approved WB forms by filling in transaction-specific terms. Using the correct current form and completing it accurately is proper practice and keeps the licensee within the scope of a real estate license.
The Unauthorized Practice of Law
Drafting original legal clauses, opining on the legal effect or enforceability of contract language, or advising on complex legal questions crosses into the unauthorized practice of law. Licensees must refer such questions to an attorney rather than give legal advice.
Handling Legal Questions
When a consumer asks a legal question, the licensee should complete the approved form as appropriate and advise the consumer to consult an attorney. This protects the consumer and keeps the licensee from practicing law without a license, a boundary the exam tests directly.