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Agency & Professional EthicsBCHARD

Under RESA, a managing broker becomes aware that a licensee in the brokerage has failed to disclose a conflict of interest in a transaction. What is the managing broker's obligation?

Correct Answer

D) The managing broker must act immediately to ensure disclosure and may need to report the conduct to BCFSA

Managing brokers have a statutory duty under RESA to supervise licensees and ensure compliance. If a managing broker becomes aware of an undisclosed conflict of interest, they must act immediately to ensure proper disclosure is made and, depending on the severity, may be required to report the conduct to BCFSA.

Answer Options
A
The managing broker may choose to address the matter after the transaction has closed
B
The managing broker has no obligation as conflicts of interest are the individual licensee's responsibility
C
The managing broker must cancel the transaction and refund all deposits to both parties
D
The managing broker must act immediately to ensure disclosure and may need to report the conduct to BCFSA

Why This Is the Correct Answer

Option D is correct because managing brokers have a statutory duty under RESA to supervise licensees and ensure compliance with the Act and BCFSA rules. Upon becoming aware of an undisclosed conflict of interest, the managing broker must take immediate steps to ensure proper disclosure is made to all affected parties. Depending on the severity of the misconduct, the managing broker may also be required to report the conduct to BCFSA.

Why the Other Options Are Wrong

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Key Terms

managing brokersupervisory dutyRESABCFSAimmediate action
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