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Laws Of Agency Fiduciary DutiesAgency_types_and_creationMEDIUM

Under California law, how is the relationship between a real estate salesperson and their supervising broker best characterized?

Correct Answer

B) The salesperson may be an independent contractor for tax purposes but remains under the broker's supervision for licensing purposes

Under California Business and Professions Code §10132 and IRS guidelines, a salesperson may be classified as an independent contractor for federal tax purposes when a qualifying written agreement is in place. However, for California real estate licensing purposes, the broker retains full supervisory responsibility over the salesperson's licensed activities regardless of tax classification. These two classifications operate independently of each other.

Answer Options
A
The salesperson is an employee of the broker for both tax and licensing purposes
B
The salesperson may be an independent contractor for tax purposes but remains under the broker's supervision for licensing purposes
C
The salesperson is an independent contractor for both tax and licensing purposes, with the broker serving only as a sponsor
D
The salesperson operates as an independent licensee whose activities are regulated directly by the DRE, not the broker

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Related Topics & Key Terms

Key Terms:

independent_contractorbroker_supervisiontax_classificationB&P_Code_10032
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