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Practice Of Real EstateLicense LawHARD

A Colorado broker associate, Kevin, is also licensed as a mortgage loan originator (MLO) in Colorado. During a transaction, Kevin steers a buyer toward a specific lender in exchange for an undisclosed referral fee paid to Kevin personally. CREC investigates. Under Colorado law, which of the following best describes Kevin's exposure?

Correct Answer

D) Kevin faces CREC disciplinary action for the real estate license violation, and may also face separate regulatory action regarding his MLO license.

Kevin's acceptance of an undisclosed referral fee while acting as a real estate broker violates C.R.S. § 12-10-217, exposing him to CREC disciplinary action on his broker license. Separately, if his MLO activities involve RESPA violations (undisclosed kickbacks), he may face action from the Colorado Division of Real Estate's Mortgage Unit or federal regulators. Colorado does not limit discipline to a single regulatory body when a licensee holds multiple licenses and the conduct implicates both.

Answer Options
A
Kevin's conduct is permissible under RESPA safe harbor provisions, which preempt Colorado state discipline.
B
Kevin faces no discipline if the referral fee was paid after closing and not during the transaction.
C
Kevin faces discipline only from the Colorado Division of Real Estate, not CREC, because the conduct involves mortgage activity.
D
Kevin faces CREC disciplinary action for the real estate license violation, and may also face separate regulatory action regarding his MLO license.

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Related Topics & Key Terms

Key Terms:

referral_feeundisclosed_compensationdual_licensedisciplinary_actionsrespa

Related Concepts

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