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Practice Of Real EstateLicense_lawMEDIUM

Elena is a licensed Michigan real estate salesperson. A friend who is selling his home asks Elena to help him negotiate the sale and promises to pay her $3,000 at closing as a 'referral gift.' Elena is not currently affiliated with any broker because her license is on inactive status. Under Michigan law, which of the following best describes Elena's situation?

Correct Answer

C) Elena may not perform licensed real estate activities or accept compensation because her license is on inactive status.

Under MCL 339.2505 and 339.2512, a person must hold an active real estate license affiliated with a licensed broker to perform real estate services for compensation in Michigan. An inactive license does not authorize the holder to conduct any licensed real estate activities or receive compensation for such activities. Elena's license being on inactive status means she cannot legally negotiate a sale or accept any form of payment, regardless of the personal relationship with the seller.

Answer Options
A
Elena may assist her friend and accept the payment because the transaction is between friends and not a commercial arrangement.
B
Elena may assist her friend but must report the $3,000 payment to LARA-BPL within 10 days of receipt.
C
Elena may not perform licensed real estate activities or accept compensation because her license is on inactive status.
D
Elena may perform the services and accept the gift because $3,000 is below the threshold requiring broker involvement.

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Related Topics & Key Terms

Key Terms:

inactive_licenseunlicensed_activitycompensationlicense_statusact_299_1980

Related Concepts

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.

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

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

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