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Practice Of Real EstateLicense LawMEDIUM

Broker Patricia Wolfe operates a real estate brokerage in Juneau. She hires three new salespersons and does not provide them with any training, supervision, or written office policies. One of the salespersons subsequently makes a material misrepresentation to a buyer. Under 12 AAC 64, which of the following best describes Patricia's potential liability?

Correct Answer

B) Patricia may face disciplinary action by AREC for failing to adequately supervise her licensed salespersons.

Under 12 AAC 64, a broker has an affirmative duty to supervise all salespersons and associate brokers working under their license. This includes providing adequate training, establishing office policies, and actively overseeing transactions. Failure to supervise is itself a violation of Alaska's real estate regulations, and AREC may impose disciplinary action against Patricia even if she had no direct involvement in the misrepresentation.

Answer Options
A
Patricia has no liability because the salesperson acted independently and Patricia was not present during the transaction.
B
Patricia may face disciplinary action by AREC for failing to adequately supervise her licensed salespersons.
C
Patricia is liable only if she had actual knowledge of the salesperson's misrepresentation before it occurred.
D
Patricia's liability is limited to a written reprimand because she is a first-time offender.

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Related Topics & Key Terms

Key Terms:

broker_supervisionsupervisory_dutydisciplinary_action12_AAC_64broker_liability

Related Concepts

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

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