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Practice Of Real EstateLicense_lawHARD

KREC receives a complaint that salesperson Paul accepted a referral fee directly from a mortgage lender for referring buyers to that lender, without his broker's knowledge or consent. Paul argues that because the fee came from a third party rather than from a client, it does not violate Kansas law. Is Paul correct?

Correct Answer

C) No, because Kansas law requires all compensation received by a salesperson in connection with real estate activities to flow through the sponsoring broker

Under the Kansas Real Estate Brokers' and Salespersons' License Act, a salesperson may only receive compensation through their sponsoring broker. Accepting any fee — whether from a client, a lender, or any other third party — directly and without the broker's knowledge violates Kansas license law. Paul's argument that the source of the fee (a third party) exempts him is legally incorrect under Kansas law.

Answer Options
A
Yes, because Kansas law only prohibits salespersons from accepting fees directly from clients, not from third-party vendors
B
Yes, because referral fees from mortgage lenders are specifically exempted from KREC compensation rules under Kansas law
C
No, because Kansas law requires all compensation received by a salesperson in connection with real estate activities to flow through the sponsoring broker
D
No, because accepting any fee from a mortgage lender is a federal RESPA violation only, not a Kansas license law violation

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Related Topics & Key Terms

Key Terms:

compensation_through_brokerreferral_feesalesperson_restrictionskrec

Related Concepts

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