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Practice Of Real EstateLicense LawMEDIUM

Lisa is a licensed Managing Broker in Indiana who operates her own real estate office, Lakeview Properties. She has three affiliated Brokers working under her. One of her affiliated Brokers, Derek, is found to have engaged in misrepresentation when dealing with a buyer. Under Indiana law, which of the following best describes Lisa's potential liability?

Correct Answer

A) Lisa may be subject to disciplinary action by the IREC for failure to adequately supervise Derek.

Under IC 25-34.1, the Managing Broker has a legal duty to supervise all affiliated licensees. If an affiliated Broker engages in misconduct, the Managing Broker may face disciplinary action by the Indiana Real Estate Commission (IREC) for failure to properly supervise. The supervisory responsibility is a core obligation of the Managing Broker license, regardless of whether the affiliated Broker is an employee or independent contractor.

Answer Options
A
Lisa may be subject to disciplinary action by the IREC for failure to adequately supervise Derek.
B
Lisa is only liable if she personally participated in Derek's misrepresentation.
C
Lisa's liability is limited to returning any commission earned on the transaction.
D
Lisa has no liability because Derek is an independent contractor, not her employee.

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Related Topics & Key Terms

Key Terms:

managing_brokersupervisionliabilitydisciplinary_actionIRECaffiliated_broker

Related Concepts

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