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Practice Of Real EstateLicense_lawMEDIUM

Salesperson Angela leaves Broker Smith's firm on a Friday and affiliates with Broker Jones the following Monday. A buyer that Angela had been working with under Broker Smith's supervision now wants Angela to continue representing them under Broker Jones. Which statement correctly describes the commission rights in this situation under Michigan law?

Correct Answer

D) The commission entitlement depends on the terms of Angela's independent contractor or employment agreement with each broker

Under Michigan law, a salesperson cannot independently earn or retain commissions; all compensation flows through the employing broker. The allocation of commission rights when a salesperson changes brokers is governed by the terms of the salesperson's independent contractor or employment agreement with each broker. The agreement typically specifies which broker is entitled to commissions on transactions that were in progress at the time of the salesperson's departure.

Answer Options
A
The commission must be split equally between Broker Smith and Broker Jones regardless of any agreement
B
The commission belongs to whichever broker holds Angela's license at the time the transaction closes
C
Angela is entitled to keep any commission from the transaction because she personally developed the client relationship
D
The commission entitlement depends on the terms of Angela's independent contractor or employment agreement with each broker

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Related Topics & Key Terms

Key Terms:

commission_rightsbroker_changeindependent_contractor_agreementsalesperson_transfer

Related Concepts

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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