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Practice Of Real EstateLicense LawHARD

A Massachusetts real estate broker, Frank, has his license suspended by BORREBS following a disciplinary hearing for commingling client funds. Frank has three affiliated salespersons — Grace, Henry, and Isabel — who are actively working with clients. Under Massachusetts law, what is the immediate legal effect of Frank's license suspension on Grace, Henry, and Isabel's ability to practice real estate?

Correct Answer

B) Grace, Henry, and Isabel's licenses become inactive because their licenses are tied to Frank's suspended broker license

Under Massachusetts law, a salesperson's license is issued under and tied to the sponsoring broker's license. When a broker's license is suspended, the salespersons affiliated with that broker lose their authority to practice real estate because their licenses are dependent on the broker's active license status. Grace, Henry, and Isabel's licenses become inactive upon Frank's suspension. They must transfer their licenses to a new, actively licensed broker before they can resume practicing real estate.

Answer Options
A
Grace, Henry, and Isabel may continue practicing for up to 90 days while they arrange to transfer to a new broker
B
Grace, Henry, and Isabel's licenses become inactive because their licenses are tied to Frank's suspended broker license
C
Grace, Henry, and Isabel may continue practicing because their individual licenses are unaffected by Frank's disciplinary action
D
Grace, Henry, and Isabel must each appear before BORREBS for individual hearings before their licenses are affected

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Related Topics & Key Terms

Key Terms:

license_suspensionbroker_affiliationinactive_licenseborrebsdisciplinary_actionchapter_112

Related Concepts

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.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

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