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Laws Of Agency Fiduciary DutiesTermination_and_liabilityEASY

A California real estate salesperson leaves one brokerage and is retained by another. Who reports the change to the Department of Real Estate, and by when?

Correct Answer

A) The new responsible broker files the change within 5 days, and the former broker reports the termination within 10 days

Reporting a change of employing broker is a broker duty, not something the salesperson carries alone. The broker who retains the salesperson notifies the Commissioner of that fact within five days, on the department's change form that the salesperson also signs. The broker whose affiliation has ended mails a termination notice to the Commissioner not more than ten days after the termination. Nothing in the licensing law makes the notice "immediate," and the department does not adjust affiliation records on its own.

Answer Options
A
The new responsible broker files the change within 5 days, and the former broker reports the termination within 10 days
B
The departing salesperson must notify the department immediately; neither broker has a filing duty
C
The salesperson files the change with the department within 30 days; no broker filing is required
D
No one files anything, because the department updates its records automatically at license renewal

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Related Topics & Key Terms

Key Terms:

license_changeDRE_notificationsalesperson_transferB&P_10161

Related Concepts

An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.

The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

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