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Practice Of Real EstateLicense_lawHARD

Salesperson Maria is licensed in Louisiana and wants to earn a commission by selling a property owned by her cousin without disclosing their family relationship to the buyer. The buyer asks Maria directly if she has any personal interest in the transaction, and Maria says no. Under Louisiana license law, which of the following best describes the consequences Maria may face?

Correct Answer

B) Maria's action is a violation of the duty of disclosure; misrepresenting a material relationship to a client may result in LREC disciplinary action, including license suspension or revocation

Under Louisiana license law, licensees have a duty to disclose material facts, including personal relationships that could create a conflict of interest. A family relationship between the licensee and the seller is a material fact that must be disclosed to the buyer. By actively lying when directly asked, Maria compounded the violation. The LREC may impose disciplinary action, including suspension or revocation of her license, for misrepresentation and failure to disclose a material relationship.

Answer Options
A
Maria's action is permissible because family relationships do not constitute a financial interest under Louisiana license law
B
Maria's action is a violation of the duty of disclosure; misrepresenting a material relationship to a client may result in LREC disciplinary action, including license suspension or revocation
C
Maria's action is only a violation if the buyer later suffers a financial loss as a direct result of the undisclosed relationship
D
Maria's action is permissible as long as her broker was aware of the family relationship and approved the transaction in writing

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Related Topics & Key Terms

Key Terms:

disclosure_obligationmaterial_factsmisrepresentationdisciplinary_actionlicense_requirements

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