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Practice Of Real EstateLicense_lawMEDIUM

Quinn Walker, a licensed Illinois broker, allows an unlicensed individual to conduct real estate activities under Walker's office name. Which statement most accurately describes Walker's exposure under the Illinois Real Estate License Act of 2000?

Correct Answer

B) Walker faces discipline because the License Act prohibits aiding or abetting unlicensed practice and effectively lending a license to another person to operate a brokerage.

Under 225 ILCS 454, the Illinois Real Estate License Act of 2000 expressly prohibits a licensee from aiding, abetting, or enabling unlicensed practice, and from allowing another person to use the licensee's license to operate or control a brokerage. Permitting an unlicensed person to function as a broker under Walker's office name violates both prohibitions and exposes Walker to disciplinary action by IDFPR, regardless of how the unlicensed person is compensated or supervised.

Answer Options
A
Walker faces no discipline because the unlicensed individual is compensated solely through a commission split rather than a salary.
B
Walker faces discipline because the License Act prohibits aiding or abetting unlicensed practice and effectively lending a license to another person to operate a brokerage.
C
Walker faces no discipline provided the unlicensed individual closes fewer than three transactions per calendar year.
D
Walker faces no discipline as long as Walker personally reviews and countersigns every contract the unlicensed individual prepares.

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Related Topics & Key Terms

Key Terms:

aiding_abettingdifficulty_3disciplinary_actionsdisciplinary_grounds_and_enforcementdisciplineillinois_statescenariounlicensed_practice

Related Concepts

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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