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Laws Of Agency Fiduciary DutiesTermination_and_liabilityMEDIUM

A California designated broker dies unexpectedly, leaving three associate licensees and several active listings. Under California law, what is the most accurate statement regarding the brokerage's operations following the broker's death?

Correct Answer

B) The DRE may authorize a temporary continuation period of up to 90 days for the estate or designated officer to wind down operations or appoint a new qualifying broker

Under California Business and Professions Code §10159.2 and related DRE regulations, when a designated broker dies, associate licensees cannot perform licensed activities without a supervising broker. However, the DRE has provisions allowing a temporary continuation period — typically up to 90 days — during which the estate or a designated officer may wind down operations or install a new qualifying broker. Operations do not automatically continue, nor do they automatically and immediately cease with no recourse; the DRE's temporary continuation framework governs the transition.

Answer Options
A
The associate licensees may continue performing licensed activities independently for up to 90 days while a new broker is recruited
B
The DRE may authorize a temporary continuation period of up to 90 days for the estate or designated officer to wind down operations or appoint a new qualifying broker
C
The DRE automatically appoints a temporary broker from its registry to manage the brokerage without interruption
D
Active listing agreements survive the broker's death and remain enforceable because they are contracts between the seller and the brokerage entity, not the individual broker

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Related Topics & Key Terms

Key Terms:

death_of_brokerterminationdesignated_brokerB&P_10159

Related Concepts

An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.

An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.

The legal requirement for real estate agents to inform all parties about who they represent in a transaction, typically provided at first substantive contact.

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