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Practice Of Real EstateLicense_lawEASY

Tom holds a valid Minnesota real estate salesperson license affiliated with Lakeside Realty. He recently received an offer from a buyer he has been working with independently, and the buyer wants to pay Tom a $5,000 referral fee directly for finding the property. Under Minnesota Statutes Chapter 82, which statement correctly describes Tom's ability to accept this payment?

Correct Answer

C) Tom may not accept the payment directly; all compensation must be paid through his supervising broker.

Under Minn. Stat. Ch. 82, a salesperson may not receive compensation — including commissions, referral fees, or any other remuneration — directly from a buyer, seller, or any party other than through the salesperson's supervising broker. All compensation must flow through the affiliated broker. This rule applies regardless of the amount or how the payment is characterized.

Answer Options
A
Tom may accept the payment directly because it is classified as a referral fee rather than a commission.
B
Tom may accept the payment directly because the amount is below the $10,000 threshold requiring broker involvement.
C
Tom may not accept the payment directly; all compensation must be paid through his supervising broker.
D
Tom may accept the payment directly only if he discloses it to the Minnesota Department of Commerce within 10 days.

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Related Topics & Key Terms

Key Terms:

license_categoriescompensationsalesperson_licensebroker_supervisionminn_stat_ch82

Related Concepts

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.

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