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Practice Of Real EstateLicense_lawHARD

Pacific Northwest Realty, a brokerage licensed in Washington State, wants to refer clients buying property in Idaho to a local Idaho agent and receive a referral fee. Under Idaho law, which of the following statements is most accurate?

Correct Answer

B) Pacific Northwest Realty may receive the referral fee only if it is licensed in Idaho or the referral fee is paid through a licensed Idaho broker to an out-of-state broker

Under Idaho Code § 54-2003 and IREC regulations, compensation for real estate brokerage activities in Idaho must flow through a licensed Idaho broker. An out-of-state brokerage may receive a referral fee if the payment is made from a licensed Idaho broker to the out-of-state broker (who holds a valid license in their home state). The out-of-state broker does not need an Idaho license to receive a referral fee structured this way, but the transaction must be properly channeled through an Idaho-licensed broker.

Answer Options
A
Pacific Northwest Realty may receive the referral fee because interstate referral arrangements are governed solely by federal law, not Idaho license law
B
Pacific Northwest Realty may receive the referral fee only if it is licensed in Idaho or the referral fee is paid through a licensed Idaho broker to an out-of-state broker
C
Pacific Northwest Realty may not receive any referral fee because Idaho prohibits all compensation arrangements with out-of-state brokerages
D
Pacific Northwest Realty may receive the referral fee freely because Washington State has reciprocity with Idaho, allowing full compensation sharing

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Related Topics & Key Terms

Key Terms:

out_of_state_brokerreferral_feeinterstate_transactionscompensation_rules

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