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Marcus recently passed his Michigan real estate salesperson examination and received his license. He has signed an independent contractor agreement with Lakeview Realty and is excited to start working with buyers. Under Michigan law, which of the following statements correctly describes Marcus's legal status?

Correct Answer

D) Marcus must affiliate his license with a licensed Michigan broker and may only receive compensation through that broker.

Under MCL 339.2512, a Michigan salesperson license requires affiliation with a licensed broker. A salesperson cannot practice real estate independently and may not receive compensation directly from buyers or sellers. All compensation must flow through the employing broker. The broker is legally responsible for supervising the salesperson's activities.

Answer Options
A
Marcus may receive compensation directly from buyers if both parties agree to the arrangement in writing.
B
Marcus may work independently as long as he maintains his own errors and omissions insurance policy.
C
Marcus may operate independently for up to 90 days while he establishes his own brokerage entity.
D
Marcus must affiliate his license with a licensed Michigan broker and may only receive compensation through that broker.

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Related Topics & Key Terms

Key Terms:

salesperson_affiliationbroker_supervisioncompensationindependence_prohibition

Related Concepts

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

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.

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