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Engrossed Version Senate Bill 76 History

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Key: Green = existing Code. Red = new code to be enacted
ENGROSSED

Senate Bill No. 76

(By Senators Wooton, Ball, Bowman, Dittmar, Hunter, Oliverio, Ross, Schoonover, Snyder, White, Buckalew, Deem and Kimble)

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[Originating in the Committee on Judiciary;


reported February 20, 1997.]

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A BILL to amend and reenact sections eleven and sixteen, article twelve, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to procedures as bases for refusing, suspending or revoking real estate brokers or salespersons licenses; prohibited conduct; offenses; and penalties.

Be it enacted by the Legislature of West Virginia:
That sections eleven and sixteen, article twelve, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 12. REAL ESTATE COMMISSION, BROKERS AND SALESPERSONS.
§47-12-11. Procedure and grounds for refusal, suspension or revocation of license.

(a) The commission may upon its own motion and shall, upon the verified complaint in writing of any person setting forth a cause of action under this section, ascertain the facts and if warranted hold a hearing for the suspension or revocation of a license. The commission shall have full power to refuse a license for reasonable cause or to revoke or suspend a license if the licensee:
(1) Obtains, renews or attempts to obtain or renew a license through the submission of any application or other writing that contains false or fraudulent information;
(2) Makes any substantial misrepresentation;
(3) Makes any false promises or representations of character likely to influence, persuade or induce a person involved in a real estate transaction;
(4) Pursues a continued or flagrant course of misrepresentation or makes false promises or representations through agents or salespersons or any medium of advertising or otherwise;
(5) Uses misleading or false advertising or uses any trade name or insignia of membership in any real estate organization, in which the licensee is not a member;
(6) Acts for more than one party in a transaction without the knowledge of all parties for whom he or she acts;
(7) Fails, within a reasonable time, to account for or to remit any moneys coming into his or her possession belonging to others, or commingles moneys belonging to others with his or her own funds;
(8) Displays a "for sale" or "for rent" sign on any property without an agency therefor or without the owner's consent;
(9) Fails to disclose in writing to all parties to a real estate transaction, on the form promulgated by the commission, whether the licensee is representing the seller, the buyer or both;
(10) Fails to voluntarily furnish copies of a notice of agency disclosure, and all listing agreements, sales contracts, and lease agreements to all parties executing the same;
(11) Pays or receives any rebate, profit, compensation or commission as a result of a real estate transaction from any person other than his or her principal;
(12) Induces any party to a contract, sale or lease to enter into another contract, in lieu thereof, for the personal gain of the licensee;
(13) Accepts a commission or other valuable consideration as a real estate salesperson for the performance of any of the acts specified in this article, from any person, other than his or her employer, who must be a licensed real estate broker;
(14) Pays a commission or other valuable consideration to any person for acts or services performed either in violation of this article or the real estate licensure laws of any other state;
(15) Pays a commission or other valuable consideration to another real estate broker or salesperson, knowing that the other real estate broker or salesperson will in turn pay a portion or all of that which is received in a manner that would constitute a violation of this article if it were paid directly by a licensee of this state;
(15) (16) Engages in the unlawful or unauthorized practice of law as defined by the supreme court of appeals of West Virginia;
(16) (17) Procures an attorney for any customer or solicits legal business for any attorney at law;
(17) (18) Engages in any act or conduct which constitutes or demonstrates bad faith, incompetency or untrustworthiness, or dishonest, fraudulent or improper dealing;
(18) (19) Has been convicted in a court of competent jurisdiction in this or in any other state of forgery, embezzlement, obtaining money under false pretense, extortion, conspiracy to defraud or of any other like offense; or
(19) (20) Has been convicted in a court of competent jurisdiction in this or any other state of a felony.
(b) As used in this section:
(1) The words "convicted in a court of competent jurisdiction" mean a plea of guilty or nolo contendere entered by a person or a verdict of guilt returned against a person at the conclusion of a trial;
(2) A certified copy of a guilty verdict or plea conviction order entered in such court is sufficient evidence to demonstrate a person has been convicted in a court of competent jurisdiction.
§47-12-16. Penalties for violations.

Any person violating a provision of this article shall be guilty of a misdemeanor and, upon conviction of a first violation thereof, if a person an individual, be punished by a fine of not less than one hundred thousand dollars nor more than five hundred two thousand dollars, or by imprisonment for a term not to exceed ninety days or both; and if a corporation, be punished by a fine of not more less than one two thousand dollars nor more than five thousand dollars. Upon conviction of a second or subsequent violation, if a person an individual, shall be punished by a fine of not less than five hundred two thousand dollars nor more than one five thousand dollars, or by imprisonment for a term not to exceed one year, or both; and if a corporation, be punished by a fine of not less than two five thousand dollars nor more than five ten thousand dollars. Any officer or agent of a corporation, or any member or agent of a partnership or association, shall be subject to the penalties herein prescribed for individuals.
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