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Practice Of Real EstateLicense_lawEASY

Tom is a licensed Michigan real estate salesperson who successfully negotiated the sale of a home. The grateful seller offers to pay Tom a $500 bonus check directly as a thank-you. Under Michigan law, how should Tom handle this payment?

Correct Answer

C) Tom must decline the direct payment; all compensation must be paid through his employing broker

Under MCL 339.2512, a Michigan real estate salesperson may not receive compensation directly from a buyer, seller, or any party to a transaction. All compensation — including bonuses, referral fees, and commissions — must flow through the salesperson's employing broker. Accepting direct payment is a violation of the Occupational Code regardless of the amount or label given to the payment.

Answer Options
A
Tom may accept the check directly from the seller since it is a bonus, not a commission
B
Tom may accept the check only if his employing broker provides written consent in advance
C
Tom must decline the direct payment; all compensation must be paid through his employing broker
D
Tom may accept the check if the amount is under $1,000 and he discloses it to his broker within 10 days

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Related Topics & Key Terms

Key Terms:

compensationsalesperson_paymentbroker_requiredact_299

Related Concepts

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

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.

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