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Practice Of Real EstateLicense LawMEDIUM

During a routine audit, the Massachusetts Board of Registration discovers that licensed broker David has been allowing his unlicensed assistant, Karen, to independently show properties, negotiate lease terms, and collect security deposits from prospective tenants — all without supervision. Under Massachusetts law, which of the following outcomes is most likely?

Correct Answer

B) David faces disciplinary action for allowing unlicensed practice, and Karen may face civil and criminal penalties for engaging in unlicensed brokerage activities

Under MGL Chapter 112, both the unlicensed individual engaging in brokerage activities and the supervising broker who permits such conduct face liability. Karen's activities — independently showing properties, negotiating lease terms, and collecting security deposits — constitute real estate brokerage requiring a license. David, as the responsible broker, violated his supervisory obligations by allowing unlicensed practice. The Board may discipline David's broker license, and Karen may face civil penalties and criminal charges for unlicensed practice under MGL Chapter 112, Section 87PP.

Answer Options
A
Only Karen faces disciplinary action because she was the one directly engaging in unlicensed activities
B
David faces disciplinary action for allowing unlicensed practice, and Karen may face civil and criminal penalties for engaging in unlicensed brokerage activities
C
Neither David nor Karen faces penalties because unlicensed assistants are permitted to perform ministerial tasks under a broker's supervision
D
David receives a written warning for the first offense, and Karen is required to complete a 40-hour pre-license course within 90 days

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Related Topics & Key Terms

Key Terms:

unlicensed_practicebroker_supervisiondisciplinary_actionunlicensed_assistant

Related Concepts

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.

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