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A Maryland salesperson, James, received a commission check directly from a seller without routing the funds through his employing broker. When the broker discovered this, she reported James to MREC. Under the Maryland Real Estate Brokers Act, which of the following best describes the violation James committed?

Correct Answer

A) Acting outside the scope of licensure, because a salesperson may not receive compensation directly from a party to a transaction

Under Md. Code Ann., Bus. Occ. & Prof. § 17-405, a licensed salesperson may only receive compensation from their employing broker, not directly from a principal to a transaction. Accepting a commission directly from the seller is a violation of the Act and constitutes acting outside the scope of the salesperson's license authority.

Answer Options
A
Acting outside the scope of licensure, because a salesperson may not receive compensation directly from a party to a transaction
B
Unauthorized practice of law, because accepting a commission requires a brokerage agreement
C
Commingling, because James mixed client funds with personal funds
D
Conversion, because James permanently misappropriated the seller's money

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Related Topics & Key Terms

Key Terms:

disciplinary_actionscompensationsalesperson_dutiesbroker_supervision

Related Concepts

A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.

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