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Practice Of Real EstateLicense LawHARD

Broker associate Daniel Kim has held an active Colorado license for 22 months under employing broker Susan Park. Daniel has completed all required education and believes he now qualifies to become an Independent Broker. Susan, however, refuses to provide any documentation confirming Daniel's work history, claiming she has no obligation to do so. Which of the following best describes Daniel's legal position?

Correct Answer

C) Daniel may apply to the CREC directly and provide alternative evidence of his experience; the Commission is not solely dependent on the employing broker's documentation

The CREC has procedures for applicants to demonstrate their experience through alternative means when an employing broker is uncooperative or unavailable. Colorado law does not create a situation where a licensee is entirely at the mercy of a former employing broker's willingness to provide documentation. Daniel may present alternative evidence — such as transaction records, MLS records, or other documentation — directly to the CREC to demonstrate his qualifying experience. The Commission evaluates the totality of evidence submitted.

Answer Options
A
Daniel cannot apply for an Independent Broker license until Susan voluntarily provides the required work history documentation
B
Daniel must wait until he reaches exactly 24 months of experience before he can apply, regardless of Susan's cooperation
C
Daniel may apply to the CREC directly and provide alternative evidence of his experience; the Commission is not solely dependent on the employing broker's documentation
D
Daniel must file a civil lawsuit against Susan to compel her to provide the documentation before he can apply to the CREC

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Related Topics & Key Terms

Key Terms:

independent_brokerexperience_requirementscrec_applicationemploying_broker_dispute

Related Concepts

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

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