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Practice Of Real EstateLicense_lawHARD

A Minnesota real estate salesperson, Rachel, is changing brokerages. Her current broker, Broker A, has submitted the license transfer paperwork to the Minnesota Department of Commerce, but the transfer has not yet been processed. During this processing period, Rachel shows a property to a prospective buyer under the name of Broker B, her new broker. Which of the following best describes Rachel's legal status during this period?

Correct Answer

D) Rachel is operating illegally because her license is not yet officially transferred to Broker B, and she may not conduct licensed activities on behalf of Broker B.

Under Minn. Stat. Ch. 82, a salesperson's license must be officially affiliated with and issued under the sponsoring broker before the salesperson may conduct licensed real estate activities on that broker's behalf. Until the Minnesota Department of Commerce processes the transfer and the license is officially placed with Broker B, Rachel is not legally authorized to conduct real estate activities under Broker B's name. Acting as though the transfer is complete before DOC processes it constitutes unlicensed activity.

Answer Options
A
Rachel is operating legally because Minnesota allows a 30-day grace period for license transfers during which the salesperson may work for the new broker.
B
Rachel is operating legally as long as Broker B has signed a supervision agreement acknowledging her as an affiliated salesperson.
C
Rachel is operating legally because submitting the transfer paperwork is sufficient to establish affiliation with Broker B.
D
Rachel is operating illegally because her license is not yet officially transferred to Broker B, and she may not conduct licensed activities on behalf of Broker B.

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Related Topics & Key Terms

Key Terms:

license_transferbroker_affiliationmn_ch82unlicensed_activitymn_doc

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