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Practice Of Real EstateLicense LawHARD

An out-of-state licensed real estate broker from Ohio wants to assist an Indiana client with purchasing property in Indiana without obtaining an Indiana license. She claims she can work under a 'cooperation agreement' with an Indiana managing broker. Under Indiana law, which of the following correctly describes whether this arrangement is permissible?

Correct Answer

C) This may be permissible if the out-of-state broker enters into a written cooperation agreement with an Indiana managing broker and complies with IREC's non-resident licensing requirements

Under IC 25-34.1-3-6, Indiana permits non-resident brokers to conduct real estate transactions in Indiana through a written cooperation agreement with a licensed Indiana managing broker, subject to IREC's non-resident licensing requirements. The out-of-state broker must comply with applicable Indiana rules and the Indiana managing broker takes responsibility for the transaction. This is not automatic reciprocity but a structured cooperation framework.

Answer Options
A
This is fully permissible because Indiana recognizes automatic reciprocity with all bordering states including Ohio
B
This is permissible only if the Ohio broker registers as a non-resident broker with IREC and pays the applicable fee
C
This may be permissible if the out-of-state broker enters into a written cooperation agreement with an Indiana managing broker and complies with IREC's non-resident licensing requirements
D
This is never permissible because Indiana requires all persons performing real estate activities in the state to hold a full Indiana broker license regardless of out-of-state credentials

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Related Topics & Key Terms

Key Terms:

non_resident_brokerreciprocitycooperation_agreementout_of_state

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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