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Practice Of Real EstateLicense LawHARD

Marcus holds an Indiana broker license affiliated with Metro Realty. He decides to leave Metro Realty and join a new firm, Horizon Properties. Marcus wants to immediately begin working with clients at Horizon Properties on the day he gives notice to Metro Realty. Under Indiana law, which statement correctly describes his ability to do so?

Correct Answer

B) Marcus must wait for the IREC to process his transfer before he can lawfully perform brokerage activities under Horizon Properties' supervision

Under IC 25-34.1, a broker's license must be properly affiliated with a managing broker in order for the broker to lawfully practice. When transferring between firms, the broker must complete the transfer process with the IREC before performing brokerage activities under the new firm. Simply giving notice to the old firm and beginning work at the new firm before the transfer is processed is not compliant with Indiana licensing law.

Answer Options
A
Marcus may immediately begin working at Horizon Properties because his broker license belongs to him personally, not to Metro Realty
B
Marcus must wait for the IREC to process his transfer before he can lawfully perform brokerage activities under Horizon Properties' supervision
C
Marcus may begin working at Horizon Properties immediately as long as both managing brokers sign a transfer agreement on the same day
D
Marcus may work at Horizon Properties for up to 30 days under a grace period while the formal transfer is processed by the IREC

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Related Topics & Key Terms

Key Terms:

license_transferaffiliation_changeirec_processingbroker_supervision

Related Concepts

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

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.

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