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ContractsPurchase_agreementsHARD

A Connecticut salesperson, acting as a buyer's agent, prepares a purchase offer for her client on a residential property listed by another brokerage. The offer is accepted and a purchase agreement is signed. At closing, the seller's broker pays a co-brokerage commission to the buyer's salesperson directly, bypassing the buyer's supervising broker. Under Connecticut law, which of the following is the most accurate statement?

Correct Answer

B) This is a violation because only a licensed broker may receive a real estate commission, and the salesperson must receive compensation through their supervising broker

Under CGS Chapter 392 and CREC regulations, only a licensed broker may receive a real estate commission or compensation for real estate services. A salesperson must receive all compensation through their supervising broker — they cannot be paid directly by another broker or any party to the transaction. Paying a commission directly to a salesperson, bypassing the supervising broker, violates Connecticut licensing law.

Answer Options
A
This is permissible because the salesperson negotiated the transaction and earned the commission directly
B
This is a violation because only a licensed broker may receive a real estate commission, and the salesperson must receive compensation through their supervising broker
C
This is permissible if the buyer's salesperson has a written agreement with the seller's broker authorizing direct payment
D
This is a violation only if the payment exceeds the amount disclosed in the listing agreement

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Related Topics & Key Terms

Key Terms:

commission_paymentbroker_supervisionsalesperson_compensationCGS_chapter_392licensing_violation

Related Concepts

A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.

An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.

An assignment of contract transfers one party's rights and obligations under a contract to a third party called the assignee. The original party, known as the assignor, transfers their contractual position to someone who was not originally part of the agreement.

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