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A licensed Illinois broker allows an unlicensed individual to conduct real estate brokerage activities under the broker's office name and license. Under the Illinois Real Estate License Act of 2000, what is the most likely disciplinary consequence for the broker?

Correct Answer

D) The broker faces discipline for aiding and abetting unlicensed practice and for allowing the broker's license to be used to operate a brokerage without proper supervision and control.

Under the Illinois Real Estate License Act of 2000 (225 ILCS 454), it is a disciplinary violation for a licensee to aid or abet unlicensed practice or to allow another person to use the licensee's license to conduct brokerage activities. The method of compensation, transaction volume, or the broker's review process does not create an exemption — permitting an unlicensed person to operate under a broker's license exposes the broker to discipline regardless of those circumstances.

Answer Options
A
No discipline will result, provided the unlicensed individual is compensated only through a commission split rather than a salary.
B
No discipline will result, provided the broker personally reviews and approves each transaction the unlicensed individual completes.
C
No discipline will result, provided the unlicensed individual holds a valid license in another state at the time of the activities.
D
The broker faces discipline for aiding and abetting unlicensed practice and for allowing the broker's license to be used to operate a brokerage without proper supervision and control.

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Related Topics & Key Terms

Key Terms:

aiding_abettingdifficulty_2disciplinary_actionsdisciplinary_grounds_and_enforcementdisciplineillinois_statescenariounlicensed_practice

Related Concepts

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.

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

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