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Practice Of Real EstateLicense LawHARD

During a CREC audit, it is discovered that employing broker Patricia Nguyen has been allowing an unlicensed assistant, Greg, to negotiate purchase prices and present offers directly to buyers on her behalf. Patricia argues that Greg was acting as her agent and that she supervised all final decisions. Under Colorado law, how should this situation be characterized?

Correct Answer

B) Greg's activities constitute unlicensed practice, and Patricia may face disciplinary action for allowing an unlicensed person to perform licensed activities

Under C.R.S. § 12-10-201 et seq., negotiating purchase prices and presenting offers are activities that require a real estate license in Colorado. An unlicensed assistant may not perform these functions regardless of how much supervision the employing broker provides. Patricia has violated Colorado license law by allowing Greg to engage in activities requiring licensure. The CREC can discipline Patricia for permitting unlicensed practice, and Greg may face separate penalties for practicing without a license.

Answer Options
A
Patricia's supervision of final decisions means Greg's activities were lawful because he was acting as an extension of her license
B
Greg's activities constitute unlicensed practice, and Patricia may face disciplinary action for allowing an unlicensed person to perform licensed activities
C
Greg's activities are permissible because unlicensed assistants in Colorado are allowed to negotiate on behalf of their supervising broker
D
Only Greg faces liability for unlicensed practice; Patricia bears no responsibility because she held a valid license throughout

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Related Topics & Key Terms

Key Terms:

unlicensed_practiceemploying_broker_responsibilitysupervisionlicense_law

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