A California real estate salesperson's license expires while several transactions the salesperson negotiated are still pending closing. Under California law, which statement correctly describes the legal consequences?
Correct Answer
B) The salesperson must immediately cease all real estate activities upon expiration, but may still receive commissions for services fully performed while the license was active
Under Cal. B&P Code §10130 and §10137, a valid license is required to perform any act for which a real estate license is required. Upon expiration, the salesperson must immediately cease all licensed activities — including negotiating, showing property, or performing any transaction-related services. However, California courts and the DRE recognize that commissions for services fully earned and performed during the period of active licensure do not automatically become forfeited solely because the license later expires before the transaction closes. The key distinction is whether the compensable services were rendered while the license was valid.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Fair housing laws apply to a broad range of activities related to housing, including sale, rental, financing, and advertising.
A seller's disclosure statement is a form that sellers complete to inform buyers about the condition and history of the property, including known defects, past repairs, insurance claims, and environmental issues.
Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.
More Practice Of Real Estate Disclosures Questions
Under California law, a real estate agent owes a duty of honest and fair dealing to all parties in a transaction, not only to the agent's own client. Which provision most directly establishes this duty?
A landlord is required to provide a copy of the written lease to the tenant within:
A California-licensed salesperson uses the title 'Real Estate Consultant' on business cards and marketing materials without holding any special certification or designation. Under DRE regulations, this practice is:
Barnard made an offer to buy a vacant residence. The offer was accepted by the seller. Prior to the close of escrow, Barnard requested permission from the broker to enter and make minor repairs to the house. Which of the following is true?
Most common business structure for one individual:
- → A developer proposes a new eight-unit condominium building in San Francisco on a parcel that an NHD report shows lies within a delineated Alquist-Priolo Earthquake Fault Zone. Under the Alquist-Priolo Act, what must happen before the city may approve the project?
- → At a DRE administrative disciplinary hearing in California, what standard of proof must the Department meet to sustain a finding against a licensee?
- → The Transfer Disclosure Statement requires sellers to disclose various known property conditions under California Civil Code §1102 et seq. All of the following must be disclosed on the TDS EXCEPT:
- → California's Holden Act (Housing Financial Discrimination Act, HSC §35800) addresses lending discrimination. All of the following lending practices are prohibited by the Holden Act EXCEPT:
- → A salesperson receives a $2,000 cash earnest money deposit from a buyer during a property showing. Under California trust fund rules, what is the salesperson's required next step?
- → A California salesperson receives a $3,000 earnest money deposit from a buyer on Tuesday morning. The salesperson does not deliver the funds to the broker until the following Monday. Under California trust fund rules, has a violation occurred?
- → A California property owner in a Mello-Roos CFD discovers that the bond proceeds were mismanaged by the CFD administrator and the planned community park was never built, even though property owners have been paying the special tax for 10 years. What legal recourse does the property owner have?
- → The Real Estate Commissioner may discipline a licensee for the conduct described in Business and Professions Code §§10176 and 10177. Which of the following would NOT be grounds for disciplinary action?
- → Which of the following correctly describes California's mandatory fair housing continuing education requirement for real estate license renewal?
- → The main purpose of the Uniform Commercial Code is to:
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