WRA Legislative Alert: No Attorneys Required at Closings


 May 05, 2016
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In some states, real estate licensees are not allowed to complete offers to purchase and other state-approved forms because state bar associations in those states lobbied their legislatures, or successfully argued to their courts, that only attorneys should be allowed to complete forms related to a real estate transaction. How different would your job be if attorneys were required at every closing? Fortunately in Wisconsin, the state Supreme Court and now the state legislature have reaffirmed your right to independently complete these forms.

What's in play

Proposal: AB 456/SB 375 was introduced in 2015 and passed both houses of the Wisconsin Legislature in February 2016.

Background

  • Gov. Scott Walker recently signed 2015 Wis. Act 258, legislation sponsored by Sen. Frank Lasee (R–De Pere) and Rep. Scott Allen (R–Waukesha), that statutorily confirms the Wisconsin Supreme Court’s 1961 decision. This decision provided real estate licensees the ability to complete state-approved forms and also confirmed that attorneys are not required at closings.
  • This legislation provides another layer of protection to your rights granted more than 50 years ago and helps keep REALTORS® at the center of the transaction.
  • Under this legislation, Wisconsin licensees are still not permitted to give legal advice.

Bill status

Signed into law by Gov. Scott Walker on March 2, 2016, at REALTOR® & Government Day in Madison.

The WRA engages in advocacy on behalf of REALTORS® and property owners through a variety of programs including the REALTORS® Political Action Committee and the Wisconsin Homeowners Alliance.

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