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Practice Of Real Estate DisclosuresDre_regulationsHARD

A California broker discovers that a salesperson in the office has been accepting side payments from a contractor for referring renovation clients, without the broker's knowledge. Under California law, what are the implications?

Correct Answer

C) The salesperson has violated Cal. B&P Code §10176(g) by receiving compensation from a third party without the employing broker's knowledge and consent, which may result in license suspension or revocation

Under Cal. B&P Code §10176(g), a licensee receiving compensation for real estate services from someone other than their employing broker without the broker's knowledge and consent is grounds for disciplinary action. The salesperson violated this provision by accepting side payments from a contractor without the broker's awareness.

Answer Options
A
The salesperson can accept referral fees from contractors as long as they report them on their income taxes
B
The broker is solely liable because all salesperson actions are attributed to the broker
C
The salesperson has violated Cal. B&P Code §10176(g) by receiving compensation from a third party without the employing broker's knowledge and consent, which may result in license suspension or revocation
D
There is no violation because contractor referral fees are standard industry practice in California

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Related Topics & Key Terms

Key Terms:

DREside_paymentsundisclosed_compensationreferral_feesBP_Code_10176

Related Concepts

HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.

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A material defect is a condition that significantly affects the value, desirability, or safety of a property and that would likely influence a reasonable buyer's decision to purchase or the price they would pay.

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