Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 114 - Real estate advertising, advance fees
Section ATCP 114.02 - Misrepresentations

Current through August 26, 2024

No person in soliciting advance fees or contracts therefor shall make any of the following representations contrary to fact:

(1) That the amount of the advance fees or the time of their payment is other than as provided by written contract.

(2) That advance fees are not payable prior to the sale of property.

(3) That advance fees or any part thereof will be refunded if the property is not sold within a specified time, or that refunds are freely and customarily made if property is not sold.

(4) That the person or any person whom the person represents has or will furnish a list of qualified prospects who are interested in buying the type of property involved.

(5) That the person or any person whom the person represents can secure the sale of the property within a specified period of time.

(6) That the person or any person whom the person represents is affiliated or has any business connection with any real estate or business opportunity brokers.

(7) That the person or any person whom the person represents resides in or maintains an office within the state.

(8) That the person or any person whom the person represents will perform any act or engage in any service beyond the acts or services required by the terms of any written contract between the parties.

(9) That the person is an experienced or qualified appraiser of property.

(10) That the property will sell at a named price or at a price in excess of that named or asked by the owner.

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