5 questions

Licensing

Before applying for a Wyoming responsible broker's license, an applicant must first have served actively as a salesperson or associate broker for:

  • a.One of the two years immediately preceding the application
  • b.Two of the four years immediately preceding the application✓
  • c.Three of the five years immediately preceding the application
  • d.Four of the six years immediately preceding the application

W.S. 33-28-106(c)(ii) requires each responsible broker applicant to "have first served actively for two (2) of the four (4) years immediately preceding the application as a real estate salesperson or associate broker." The same two-of-four test appears at W.S. 33-28-106(n)(ii) for associate brokers, except that an associate broker applicant may substitute a degree in real estate as defined in W.S. 33-28-102(b)(xiv). A responsible broker applicant has no degree substitute, so the experience itself is mandatory. The other spans are invented: the statute fixes both the amount of service and the window it must fall in, and no shorter or longer measuring period appears anywhere in the chapter.

Licensing

Which of these people is engaged in activity that requires a Wyoming real estate license?

  • a.An owner offering for sale a house she owns herself
  • b.An attorney in fact under a recorded power of attorney
  • c.Someone paid to collect another's rent✓
  • d.A trustee in bankruptcy selling property under a court order

W.S. 33-28-102(b)(xlv)(F) makes it real estate activity when an individual, for another and for compensation, "collects, offers, attempts or agrees to collect rent for the use of real estate," and W.S. 33-28-101 bars unlicensed real estate activity. The other three are exempted by name in W.S. 33-28-103(a): an owner dealing with property she owns, an attorney in fact acting under a duly executed and recorded power of attorney, and a person acting as a trustee in bankruptcy or under a court order. Each of those exemptions is qualified by the same phrase, "unless that individual is a licensee," so an existing licensee cannot use them to step outside the Act.

Licensing

A Wyoming real estate license is issued on a renewal cycle of:

  • a.One year, expiring on the licensee's birthday
  • b.Two years, expiring December 31 of the second year
  • c.Three years, ending December 31✓
  • d.Four years, expiring on the anniversary of issue

W.S. 33-28-118(a) provides that licenses "may be renewed for successive three (3) year periods," and Commission rules chapter 4, section 1(b) fixes the deadline at "on or before December 31 of the third year it is issued." An initial license runs only to the December 31 of the year it was issued; that first renewal starts the three-year cycle. Wyoming does not use a birthday-anniversary or issue-anniversary expiration, which is why the statutory grace period at W.S. 33-28-102(b)(xxii) is a fixed calendar window of January 1 to March 1 rather than a moving date tied to each licensee.

Licensing

An active Wyoming responsible broker renewing a license must show continuing education for the three-year cycle totaling:

  • a.45 hours
  • b.53 hours✓
  • c.60 hours
  • d.72 hours

Commission rules chapter 4, section 1(c) requires responsible broker renewal applicants to show "fifty-three (53) hours of continuing education," broken out by section 8 into 32 hours of required education, which must include a broker management course, plus 21 hours of elective education. Associate brokers and salespersons take 45 hours under sections 1(d) and 9, which is why that figure is the tempting wrong answer at the broker tier. The 60-hour figure is the statutory ceiling on the Commission's rulemaking authority under W.S. 33-28-118(b), not the requirement itself. All hours must be earned during the three previous years.

Licensing

A Wyoming license that has been on inactive status for more than three years may be returned to active status only after the licensee:

  • a.Retakes both portions of the licensing examination
  • b.Serves two more years under a responsible broker
  • c.Pays a penalty equal to three renewal fees
  • d.Meets the continuing education requirements first✓

W.S. 33-28-118(f) states that "a license on inactive status for more than three (3) years shall not be reissued on an active status unless the licensee has first met the educational requirements under subsection (b) of this section," that is, the continuing education the Commission sets by rule. Subsection (g) contrasts the shorter case: a license inactive for less than three years may go active on a renewal application and fee alone. Re-examination is reserved by W.S. 33-28-118(d) for a license that has actually expired past the grace period, which is a different failure. Nothing in the chapter imposes a fresh experience period or a multiple-fee penalty for reactivation.

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