Wyoming Statutes

Wyo. Stat. § 33-28-114 (2026)

Conducting business without license prohibited;

✓ current as of May 2026

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penalties; civil liability.

     (a) Any individual performing real estate activity without
first obtaining a license is guilty of a misdemeanor and upon
conviction shall be punished by a fine of not more than two
thousand five hundred dollars ($2,500.00) or by imprisonment in
the county jail for a term not to exceed six (6) months. Upon
conviction of a subsequent violation the individual shall be
punished by a fine of not more than five thousand dollars
($5,000.00) or by imprisonment in the county jail for a term not
to exceed one (1) year or both. If a corporation, partnership or
association is convicted it shall be punished by a fine of not
more than five thousand dollars ($5,000.00).

     (b) If any person receives any money or the equivalent
thereof as a fee, compensation or profit by or in consequence of
a violation of any provision of this act, he shall, in addition,
be liable to a penalty of not less than the amount of the sum of
money so received and not more than three (3) times the sum so
received as may be determined by the court, which penalty may be
recovered in a court of competent jurisdiction by any person
aggrieved.

Notes of Decisions

Cited in 7 cases, 1981–2005 · leading case: McCoy v. Thompson, 677 P.2d 839 (Wyo. 1984).

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McCoy v. Thompson, 677 P.2d 839 (Wyo. 1984). · cites it 21× “Whether the trial court erred in applying W.S. § 33-28-114(b) to impose a penalty on the appellants under the circumstances of this case.”

Bowlerama, Inc. v. Woodside Realty Co., 752 P.2d 1377 (Wyo. 1988). · cites it 14× “The negotiations and sale can be concluded by the parties themselves precisely as in this case.”

Simek v. J.P. King Auction Co., 160 F. App'x 675 (10th Cir. 2005). · cites it 6× “Simek moved the trial court to award him the statutory penalty available pursuant to Wyo. Stat. Ann. § 33-28-114 , based on the jury’s finding that J.”

Cates v. Daniels, 628 P.2d 862 (Wyo. 1981). · cites it 5× “Section 33-28-114, W.S.1977, provides: “(a) Any person acting as a broker or salesman without first obtaining a license shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.”

Richardson v. Schaub, 796 P.2d 1304 (Wyo. 1990). · cites it 2× “W.S. 33-28-114 reads: *1316 (a) Any person acting as a broker, associate broker or salesman without first obtaining a license is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000.”

Erickson v. Magill, 713 P.2d 1182 (Wyo. 1986). “nt or may upon its own motion investigate the actions of any broker, associate broker or salesman and may censure the licensee, suspend or revoke any license issued under this act [§§ 33-28-101 through 33-28-206] for any of the following: ****** "(xviii) Acting for more than one…”

Wheeler v. Woods, 723 P.2d 1224 (Wyo. 1986). “As to Key and Stadnik, damages were claimed for an alleged willful breach of duty and intentional interference with the contract rights of the plaintiff; the alleged failure of Key to properly supervise the activities of the defendant Stadnik; and a claim for penalty of three…”

— Wyo. Stat. § 33-28-114(b) — 4 cases

McCoy v. Thompson, 677 P.2d 839 (Wyo. 1984). “Whether the trial court erred in applying W.S. § 33-28-114(b) to impose a penalty on the appellants under the circumstances of this case.”

Bowlerama, Inc. v. Woodside Realty Co., 752 P.2d 1377 (Wyo. 1988). “The negotiations and sale can be concluded by the parties themselves precisely as in this case.”

Cates v. Daniels, 628 P.2d 862 (Wyo. 1981). “Section 33-28-114, W.S.1977, provides: “(a) Any person acting as a broker or salesman without first obtaining a license shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.”

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