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Practice Of Real EstateLicense LawMEDIUM

A Massachusetts real estate broker, Jennifer, receives a commission check from a seller after successfully closing a residential sale. Jennifer's salesperson, Carlos, negotiated the transaction and is entitled to a portion of the commission. Under Massachusetts law, how must Jennifer pay Carlos his commission share?

Correct Answer

C) Jennifer must pay Carlos his commission share, and only a licensed broker may compensate a salesperson for real estate services

Under Massachusetts law, a real estate salesperson may only receive compensation for real estate services from their affiliated licensed broker — not directly from a seller, buyer, or any other party to the transaction. Jennifer, as the licensed broker, is the only party legally authorized to compensate Carlos for his real estate services. This rule ensures accountability and supervision through the broker-salesperson relationship.

Answer Options
A
Jennifer may pay Carlos directly in cash or by check, as long as payment is made within 24 hours of closing
B
Jennifer must pay Carlos through the transaction's escrow account before the closing is finalized
C
Jennifer must pay Carlos his commission share, and only a licensed broker may compensate a salesperson for real estate services
D
Jennifer must report the commission split to BORREBS within 10 days and then pay Carlos directly

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Related Topics & Key Terms

Key Terms:

commission_paymentbroker_compensationsalesperson_compensationchapter_112

Related Concepts

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

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.

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