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Practice Of Real EstateLicense_lawHARD

A licensed Illinois broker allows an unlicensed individual to independently negotiate contracts, show properties, and collect compensation under the broker's office name, while the broker takes a percentage of each transaction. Which statement best describes the broker's legal exposure under Illinois law?

Correct Answer

D) The broker faces disciplinary risk because Illinois law prohibits licensees from aiding or abetting unlicensed practice and from allowing their license to be used to operate a brokerage without lawful supervision and control.

Under 225 ILCS 454/20-20(a)(4) and (a)(5), it is a disciplinary violation for a licensee to aid or abet any person in the unauthorized practice of real estate, or to allow their license to be used by another person to conduct real estate brokerage activity without proper licensure and supervision. The arrangement described — where an unlicensed person independently performs licensed activities and receives compensation — constitutes both unlicensed practice and an improper lending of the broker's license, exposing the broker to sanctions including suspension or revocation.

Answer Options
A
The broker faces no disciplinary risk because the unlicensed individual is acting as an independent contractor rather than an employee.
B
The broker faces no disciplinary risk provided the unlicensed individual discloses their unlicensed status to each client before the transaction closes.
C
The broker faces no disciplinary risk as long as the compensation paid to the unlicensed individual does not exceed 50 percent of the commission received.
D
The broker faces disciplinary risk because Illinois law prohibits licensees from aiding or abetting unlicensed practice and from allowing their license to be used to operate a brokerage without lawful supervision and control.

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Related Topics & Key Terms

Key Terms:

aiding_abettingdifficulty_5disciplinary_actionsdisciplinary_grounds_and_enforcementdisciplineillinois_statescenariounlicensed_practice

Related Concepts

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.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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.

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