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Practice Of Real EstateLicense_lawHARD

Victor holds a Michigan broker license and operates his own brokerage. He also holds a valid Michigan associate broker license from a previous employer that he never formally surrendered. He wants to use the associate broker license to affiliate with a competing brokerage on weekends to earn additional commissions. Under Michigan law, which of the following best describes this arrangement?

Correct Answer

C) The arrangement is not permissible because a Michigan licensee may only be affiliated with one licensed broker at a time, and Victor's broker license supersedes any associate broker affiliation

Under Michigan Occupational Code Act 299 of 1980 (MCL 339.2501 et seq.), a real estate licensee may only be affiliated with one licensed broker at a time. Additionally, Victor's broker license — which authorizes him to operate his own brokerage independently — is incompatible with simultaneously holding an active associate broker affiliation with a competing brokerage. Michigan law does not permit dual brokerage affiliations. Victor's associate broker license from his previous employer should have been surrendered or transitioned when he obtained his broker license and opened his own brokerage.

Answer Options
A
The arrangement is permissible because Victor holds two valid Michigan licenses and may use each for different brokerage affiliations simultaneously
B
The arrangement is permissible as long as Victor discloses both affiliations to all clients in writing before each transaction
C
The arrangement is not permissible because a Michigan licensee may only be affiliated with one licensed broker at a time, and Victor's broker license supersedes any associate broker affiliation
D
The arrangement is permissible on weekends only, as LARA-BPL regulations provide a part-time practice exemption for dual-licensed individuals

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Related Topics & Key Terms

Key Terms:

license_categoriesdual_affiliationbrokerassociate_brokeract_299expert_trap

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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