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Practice Of Real EstateLicense_lawMEDIUM

Carlos, a Minnesota real estate broker, has his license revoked by the MN DOC following a finding of mortgage fraud. Carlos's former salesperson, Elena, who had no knowledge of or involvement in the fraud, now wants to continue working in real estate. Under Minnesota Statutes Chapter 82, which of the following best describes Elena's situation?

Correct Answer

D) Elena may transfer her license to another licensed broker and continue working, as her license is independent of the disciplinary action taken against Carlos

Under Minn. Stat. Ch. 82, a salesperson's license is a personal license held by the individual. While a salesperson must be affiliated with a licensed broker to practice, the disciplinary action taken against a broker does not automatically revoke or invalidate the salesperson's individual license. Elena, who was not involved in the misconduct, may transfer her license affiliation to another licensed broker and continue practicing real estate.

Answer Options
A
Elena must reapply for a new salesperson license and complete the full pre-license education requirements before she can work for another broker
B
Elena is prohibited from working in real estate for one year following her broker's revocation, regardless of her own conduct
C
Elena's license is automatically revoked along with Carlos's because all licenses issued under a revoked broker's license are simultaneously terminated
D
Elena may transfer her license to another licensed broker and continue working, as her license is independent of the disciplinary action taken against Carlos

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Related Topics & Key Terms

Key Terms:

license_revocationbroker_revocationlicense_transferdisciplinary_actionsch_82

Related Concepts

A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.

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