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Practice Of Real EstateLicense LawMEDIUM

Kevin is an independent broker in Colorado who recently formed a team called 'Peak Performance Group.' He runs a newspaper ad that says 'Peak Performance Group — Kevin Martinez, Independent Broker — Call us today!' without any other firm identification. Which statement correctly describes whether this advertisement complies with CREC rules?

Correct Answer

D) The ad complies because Kevin, as an independent broker, is himself the licensed entity and his name and license status are disclosed

An independent broker in Colorado is the licensed entity — unlike a broker associate who must identify the employing brokerage, an independent broker operates under their own license. When Kevin identifies himself as 'Kevin Martinez, Independent Broker,' he is disclosing the licensed entity. The team name 'Peak Performance Group' is permissible alongside his name and license status. The advertisement is compliant because the licensed individual is clearly identified.

Answer Options
A
The ad complies only if Kevin registers 'Peak Performance Group' as a trade name with the Colorado Secretary of State before advertising
B
The ad does not comply because independent brokers must always advertise under their full legal name without any team or group designation
C
The ad does not comply because Kevin must also include his CREC license number in all print advertisements
D
The ad complies because Kevin, as an independent broker, is himself the licensed entity and his name and license status are disclosed

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Related Topics & Key Terms

Key Terms:

advertising_rulesindependent_brokerteam_namelicense_disclosure

Related Concepts

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

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