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Practice Of Real EstateLicense LawMEDIUM

Robert is a licensed Massachusetts real estate salesperson who has been approached directly by a buyer who wants to pay Robert a referral fee for recommending an out-of-state property. Robert is not affiliated with a broker in the other state. Under Massachusetts law, which of the following best describes whether Robert may accept this payment?

Correct Answer

C) Robert may not accept compensation directly from the buyer; all compensation must flow through his sponsoring broker

Under Massachusetts law, a licensed salesperson cannot accept compensation for real estate services from any party other than their affiliated licensed broker. Even if the transaction involves out-of-state property or is characterized as a 'referral fee,' Robert must receive any compensation through his sponsoring broker. The broker then distributes the salesperson's share. Accepting direct compensation from a buyer or any other party violates Chapter 112.

Answer Options
A
Robert may accept the referral fee because referral fees are exempt from Massachusetts licensing requirements
B
Robert may accept the referral fee only if he discloses it to his Massachusetts sponsoring broker in writing
C
Robert may not accept compensation directly from the buyer; all compensation must flow through his sponsoring broker
D
Robert may accept the referral fee because it involves out-of-state property not subject to Massachusetts jurisdiction

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Related Topics & Key Terms

Key Terms:

referral_feesalesperson_compensationbroker_affiliationchapter_112

Related Concepts

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

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.

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