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Practice Of Real EstateLicense LawHARD

Broker Lani's Hawaii real estate license is placed on inactive status. While inactive, a friend asks Lani to help negotiate the sale of the friend's home and offers to pay Lani a finder's fee. Lani assists with the negotiation and accepts the payment. Under HRS Chapter 467, which of the following best describes the consequences?

Correct Answer

C) Lani has violated HRS Chapter 467 by performing real estate activities and accepting compensation while on inactive status

Under HRS Chapter 467, a licensee on inactive status may not perform any real estate activities that require a license, and may not accept any compensation — regardless of what the payment is called — for performing such activities. Negotiating the sale of real property is a licensed activity. Accepting a 'finder's fee' for performing what is functionally a real estate service while on inactive status constitutes unlicensed practice and a violation of HRS Chapter 467, subject to disciplinary action.

Answer Options
A
Lani's actions are permissible because the payment is called a finder's fee rather than a real estate commission
B
Lani may accept the fee because inactive licensees retain their license and may perform limited real estate services
C
Lani has violated HRS Chapter 467 by performing real estate activities and accepting compensation while on inactive status
D
Lani's actions are permissible because the transaction involves a personal friend rather than a member of the general public

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Related Topics & Key Terms

Key Terms:

inactive_licenseunlicensed_practicecompensationhrs_467license_status

Related Concepts

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.

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