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CULTUM v. HERITAGE HOUSE REALTORS

No. 50403-2.

103 Wn.2d 623 (1985)

694 P.2d 630

DIANE CULTUM, Respondent, v. HERITAGE HOUSE REALTORS, INC., Appellant.

The Supreme Court of Washington, En Banc.

January 11, 1985.

Attorney(s) appearing for the Case

Sax & MacIver, by James P. Donohue and Scott J. Borth, for appellant.

Henry M. Aronson, David Curtis, and Elizabeth A. Greathouse, for respondent.

Robert T. Farrell and David D. Hoff on behalf of Washington State Bar Association and William D. North, Laurene K. Janik, Thomas L. Fishburne, and James E. Horne on behalf of National Association of Realtors, amici curiae for appellant.

Ralph Paul Teller, amicus curiae for respondent.

PEARSON, J.

At issue in this appeal is whether the completion by a real estate salesperson of a form earnest money agreement containing a contingency clause constitutes the unauthorized practice of law in violation of RCW 2.48.170.190.

In deciding this issue, the trial court found that this conduct did constitute the unauthorized practice of law and was a per se violation of the Consumer Protection Act, RCW 19.86, warranting damages, attorney fees and injunctive...

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