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Practice Of Real EstateLicense_lawHARD

Broker Elena has a listing agreement with seller Mr. Park that includes a 5% commission. The property is also listed on the MLS with a 2.5% cooperative compensation offer to buyer's brokers. Mr. Park's neighbor, who is an unlicensed individual, refers a buyer to Elena who ultimately purchases the property. Mr. Park asks Elena to pay the neighbor a $500 referral fee as a thank-you. Under Michigan law, which statement is most accurate?

Correct Answer

C) Elena cannot pay the neighbor any referral fee because paying compensation to an unlicensed person for real estate referral activity violates the Michigan Occupational Code

Under MCL 339.2512 and the Michigan Occupational Code, a licensed broker may not pay any compensation — including referral fees, finder's fees, or bonuses — to an unlicensed person for activities that constitute real estate services, including referring buyers or sellers. The prohibition applies regardless of the amount of the payment, the informality of the referral, or the seller's authorization. Paying an unlicensed person for a real estate referral exposes Elena to disciplinary action by LARA-BPL.

Answer Options
A
Elena may pay the $500 referral fee to the neighbor because it is a nominal amount that does not require a license
B
Elena may pay the $500 referral fee only if the neighbor registers as an unlicensed assistant with LARA-BPL within 30 days
C
Elena cannot pay the neighbor any referral fee because paying compensation to an unlicensed person for real estate referral activity violates the Michigan Occupational Code
D
Elena may pay the $500 referral fee if Mr. Park provides written authorization and Elena discloses it to the buyer

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Related Topics & Key Terms

Key Terms:

unlicensed_referralreferral_feecompensation_prohibitionact_299disciplinary_action

Related Concepts

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.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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