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Practice Of Real EstateLicense_lawHARD

Connecticut salesperson Rachel is also a licensed attorney. While representing a seller as a real estate salesperson, she drafts a complex purchase and sale agreement and charges the seller a separate legal fee for the drafting work, without informing her supervising broker. Under Connecticut license law, which of the following best describes the regulatory concern with Rachel's conduct?

Correct Answer

B) Rachel may face CREC discipline for receiving undisclosed compensation and potentially operating outside the scope of her salesperson role without broker knowledge

Under CGS Chapter 392, a salesperson must route all compensation through the supervising broker and must not receive undisclosed fees from clients in connection with a real estate transaction. Even if Rachel is a licensed attorney, her dual role creates a conflict and the undisclosed receipt of a legal fee from a real estate client without broker knowledge raises serious disciplinary concerns under CREC rules regarding compensation and disclosure.

Answer Options
A
Rachel's conduct is fully permissible because her attorney license supersedes her real estate license obligations
B
Rachel may face CREC discipline for receiving undisclosed compensation and potentially operating outside the scope of her salesperson role without broker knowledge
C
Rachel's conduct is permissible as long as the legal fee is less than her real estate commission share
D
Rachel is exempt from CREC oversight for the legal drafting work because it falls under the attorney-client privilege

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Related Topics & Key Terms

Key Terms:

disciplinary_actionsdual_licenseundisclosed_compensationbroker_supervisionsalesperson_duties

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