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Practice Of Real EstateLicense LawMEDIUM

Agent Diane works for a Maryland brokerage and is approached by a friend who wants to pay her a referral fee for sending a buyer client to an out-of-state agent. Diane is not involved in the transaction beyond the referral. Under Maryland law, which of the following is correct regarding this referral fee arrangement?

Correct Answer

D) Diane may receive a referral fee, but only if the payment is made through her supervising broker and the broker approves the arrangement.

Under Md. Code Ann., Bus. Occ. & Prof. § 17-402 and MREC regulations, a salesperson may not receive compensation directly from anyone other than their supervising broker. Any referral fee or commission earned by a salesperson must be paid to and through the supervising broker, who then compensates the salesperson. The broker must be aware of and approve the referral arrangement.

Answer Options
A
Diane may not accept any referral fee under any circumstances, as Maryland law prohibits all referral fee arrangements for salespersons.
B
Diane may accept the referral fee directly from the out-of-state agent, provided she discloses the arrangement to MREC within 10 days.
C
Diane may accept the referral fee directly from her friend because referral fees between individuals are not regulated by MREC.
D
Diane may receive a referral fee, but only if the payment is made through her supervising broker and the broker approves the arrangement.

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Related Topics & Key Terms

Key Terms:

referral_feecompensationsupervising_brokersalesperson_restrictions

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