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Practice Of Real EstateLicense LawMEDIUM

Maria is a Massachusetts licensed salesperson working under broker Tom. A buyer client files a complaint with the Board alleging that Maria made material misrepresentations about a property's flood zone status, causing the buyer to suffer financial harm. The Board investigates and finds the complaint substantiated. Under Massachusetts law, which of the following outcomes is MOST likely?

Correct Answer

B) Maria faces Board disciplinary action, and Tom may also face disciplinary action for failure to supervise

Under MGL Chapter 112, both the salesperson who committed the violation and the supervising broker can face disciplinary action. Maria is independently licensed and responsible for her own conduct. Tom, as the responsible broker, has a supervisory duty over affiliated salespersons and may be disciplined for failure to adequately supervise Maria's activities.

Answer Options
A
Only broker Tom faces disciplinary action because salespersons are not independently licensed in Massachusetts
B
Maria faces Board disciplinary action, and Tom may also face disciplinary action for failure to supervise
C
Maria faces disciplinary action under Chapter 93A only, and the Board has no jurisdiction over misrepresentation claims
D
Maria faces a mandatory license suspension of exactly 90 days as prescribed by statute for misrepresentation

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Related Topics & Key Terms

Key Terms:

supervisory_brokermisrepresentationdisciplinary_actionssalesperson_liability

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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