Key Takeaways
- Washington brokers must work under a designated broker who supervises all their activities
- Managing brokers can supervise other licensees and manage branch offices
- Designated brokers are managing brokers who supervise an entire firm
- Firms (brokerages) must be licensed separately from individual licensees
- All real estate commissions must be paid through the firm, not directly to brokers
Washington License Types and Supervision
Washington has a unique license structure with specific terminology.
License Types
Individual Licenses
| License Type | Authority | Supervision Required |
|---|---|---|
| Broker | Entry-level license, must work under firm | Yes - by designated broker |
| Managing Broker | Can supervise brokers and manage offices | Limited - under designated broker |
| Designated Broker | Supervises entire firm | No - supervises others |
Broker
A broker is the entry-level license in Washington:
- Must work under a licensed firm
- Cannot operate independently
- Cannot receive compensation directly from clients
- Cannot supervise other licensees
- Must have designated broker supervision
Managing Broker
A managing broker has additional authority:
- Can supervise brokers
- Can manage branch offices
- Can serve as designated broker
- Requires 3 years broker experience + 90 hours additional education
Designated Broker
A designated broker is the managing broker who:
- Supervises an entire firm
- Is responsible for all firm activities
- Must be a managing broker
- Cannot be designated broker for multiple competing firms
Firm License
Every real estate firm must be separately licensed:
- Corporation, LLC, partnership, or sole proprietorship
- Must have a designated broker
- Registers each branch office
- Maintains trust accounts
Supervision Requirements
Designated Broker Responsibilities
The designated broker must:
- Supervise all affiliated licensees (brokers and managing brokers)
- Maintain written policies for supervision and compliance
- Handle trust funds properly
- Review transactions for compliance
- Maintain records (minimum 3 years)
- Respond to DOL inquiries and audits
Branch Office Requirements
Firms operating from multiple locations must:
- Register each branch with DOL
- Pay branch license fee ($146.25 per 2-year cycle)
- Ensure adequate supervision at each location
- Maintain required signage at each office
Branch Supervision
Branch offices must have:
- A managing broker or designated broker responsible for supervision
- Proper signage displaying firm name
- Access to transaction records
License Transfers
When a broker changes firms:
- Current firm releases the broker through DOL system
- New firm submits affiliation paperwork
- Broker cannot practice between firms
- Background check may not be required if transfer is timely
Compensation Rules
In Washington:
| Rule | Explanation |
|---|---|
| Commission through firm | All compensation must flow through the licensed firm |
| No direct payment | Brokers cannot receive payment directly from clients |
| Firm to broker | Firm pays broker per their agreement |
| Referral fees | Only to properly licensed parties with disclosure |
The Cardinal Rule
Brokers can ONLY receive compensation from their firm.
A broker cannot:
- Accept payment directly from a buyer or seller
- Accept payment from another firm
- Accept payment from another firm's broker
- Receive commission without firm involvement
Independent Contractor vs. Employee
Most Washington real estate brokers work as independent contractors:
| Factor | Independent Contractor | Employee |
|---|---|---|
| Taxes | Pays own self-employment tax | Firm withholds |
| Schedule | Sets own hours | Firm-controlled |
| Benefits | No firm benefits | May receive benefits |
| Supervision | Licensed activity supervision | All activity controlled |
Key Point: Regardless of employment status, all brokers must be supervised by their designated broker for licensed activities.
In Washington, who is responsible for supervising all licensees affiliated with a real estate firm?
What is required for a Washington broker to become a managing broker?