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Practice Of Real EstateLicense_lawEASY

A licensed Illinois managing broker allows an unlicensed individual to independently solicit clients, negotiate contracts, and collect compensation under the managing broker's license. Under the Illinois Real Estate License Act of 2000, which of the following best describes the managing broker's exposure?

Correct Answer

C) The managing broker is subject to discipline because the License Act prohibits aiding or abetting unlicensed practice and prohibits allowing one's license to be used to operate a brokerage without proper supervision and control.

The Illinois Real Estate License Act of 2000 expressly prohibits a licensee from aiding, abetting, or enabling unlicensed practice of real estate. Allowing an unlicensed person to perform licensed activities — such as soliciting clients, negotiating contracts, or receiving compensation — under a licensee's credentials constitutes an improper lending of the license. A managing broker who permits this arrangement is subject to discipline regardless of the employment classification of the unlicensed individual or the number of transactions involved.

Answer Options
A
The managing broker faces no disciplinary exposure because the unlicensed individual is not employed by the brokerage as a formal agent.
B
The managing broker faces no disciplinary exposure as long as the unlicensed individual does not personally sign any contracts.
C
The managing broker is subject to discipline because the License Act prohibits aiding or abetting unlicensed practice and prohibits allowing one's license to be used to operate a brokerage without proper supervision and control.
D
The managing broker faces no disciplinary exposure provided the arrangement is disclosed in writing to all transaction parties.

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Related Topics & Key Terms

Key Terms:

aiding_abettingdefinitiondifficulty_2disciplinary_actionsdisciplinary_grounds_and_enforcementdisciplineillinois_stateunlicensed_practice

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

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.

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