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Practice Of Real EstateLicense LawHARD

Lisa is a licensed Colorado Broker Associate working under Employing Broker Frank. A seller approaches Lisa directly and asks her to list their home. Lisa, without informing Frank, signs a listing agreement with the seller using her own name and begins marketing the property independently. Under Colorado law, which of the following best describes the consequences of Lisa's actions?

Correct Answer

B) Lisa's actions violate Colorado license law because a Broker Associate may only enter into contracts and listing agreements on behalf of and through their Employing Broker

Under C.R.S. § 12-10-201 et seq. and CREC rules, a Broker Associate does not have the authority to independently enter into listing agreements or contracts in their own name. All brokerage activities, including listing agreements, must be conducted on behalf of and through the Employing Broker. Lisa's independent listing agreement violates Colorado license law and could subject her to disciplinary action by the CREC, including suspension or revocation of her license.

Answer Options
A
Lisa's actions are permissible because a Broker Associate may enter into listing agreements independently as long as the Employing Broker is notified within 72 hours
B
Lisa's actions violate Colorado license law because a Broker Associate may only enter into contracts and listing agreements on behalf of and through their Employing Broker
C
Lisa's listing agreement is valid but she must transfer it to Frank's brokerage within 30 days to remain in compliance with CREC rules
D
Lisa's actions are permissible because the seller approached her directly, which creates an independent contractor relationship outside the Employing Broker's authority

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Related Topics & Key Terms

Key Terms:

broker_associateemploying_brokerlisting_agreementlicense_violationsupervisiondisciplinary_action

Related Concepts

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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