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Practice Of Real EstateLicense LawMEDIUM

Kevin is a licensed Massachusetts real estate broker who operates his own independent brokerage, Harborview Realty. He hires two salespersons, Lisa and Mark. Lisa procures a buyer for one of Mark's listings, and a sale closes successfully. Kevin wants to pay Lisa a referral bonus directly from the transaction proceeds. Under Massachusetts law, which of the following is correct?

Correct Answer

C) Kevin must pay all compensation to the brokerage entity first, and may then disburse commissions to affiliated salespersons through the brokerage

Under Massachusetts law, real estate compensation must flow through the licensed broker or brokerage. A salesperson may not receive compensation directly from a client or from transaction proceeds outside of the brokerage. Kevin must receive all commission funds into the brokerage and then disburse the salesperson's share to Lisa through the brokerage. This ensures proper supervision and accountability under MGL Chapter 112.

Answer Options
A
Kevin may pay Lisa directly from the transaction, since she is a licensed salesperson affiliated with his brokerage
B
Kevin may pay Lisa only if she holds a broker license, as salespersons cannot receive direct compensation from transaction proceeds
C
Kevin must pay all compensation to the brokerage entity first, and may then disburse commissions to affiliated salespersons through the brokerage
D
Kevin must obtain written approval from the Board of Registration before paying any commission to an affiliated salesperson

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Related Topics & Key Terms

Key Terms:

license_categoriescommission_flowbroker_supervisionsalesperson_compensation

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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