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Practice Of Real EstateLicense LawHARD

The Maryland Real Estate Commission is reviewing a complaint against broker Thomas, who operates a large residential brokerage. The complaint alleges that one of Thomas's salespersons made unauthorized misrepresentations to a buyer. MREC is considering whether Thomas, as the responsible broker, can be disciplined even though he had no direct knowledge of the salesperson's conduct. Which of the following most accurately states MREC's authority in this situation?

Correct Answer

A) MREC may discipline Thomas as the responsible broker if it finds he failed to adequately supervise the salesperson, even without direct knowledge of the misconduct

Under Md. Code Ann., Bus. Occ. & Prof. § 17-322 and MREC regulations, a broker has a supervisory responsibility over affiliated licensees. A broker may be subject to disciplinary action for failing to adequately supervise salespersons operating under the broker's license, even without direct knowledge of the specific misconduct. Failure of supervision is itself a ground for disciplinary action against the responsible broker.

Answer Options
A
MREC may discipline Thomas as the responsible broker if it finds he failed to adequately supervise the salesperson, even without direct knowledge of the misconduct
B
MREC may discipline Thomas only if the buyer can prove Thomas personally benefited from the misrepresentation
C
MREC may only discipline the salesperson directly involved; a broker cannot be sanctioned for a salesperson's independent actions
D
MREC may discipline Thomas only after a civil court has first found the salesperson liable for the misrepresentation

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Related Topics & Key Terms

Key Terms:

broker_supervisionvicarious_liabilityresponsible_brokerdisciplinary_authority

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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