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Practice Of Real EstateLicense_lawHARD

Minnesota salesperson Greg, who is licensed under broker Helen at 'Sunrise Realty,' leaves Sunrise Realty on a Friday and affiliates with broker Paul at 'Lakeside Properties' the following Monday. Over the weekend, before his license transfer is processed by the Minnesota Department of Commerce, Greg places an online ad for a new listing under 'Lakeside Properties.' Under Minnesota law, what is the most accurate characterization of Greg's advertising activity?

Correct Answer

D) The ad is a violation because Greg may not advertise under any brokerage until his license transfer is officially processed by the MN DOC

Under Minn. Stat. Ch. 82, a salesperson's license is issued to and held by the sponsoring broker. When a salesperson changes brokerages, the license transfer must be processed and approved by the Minnesota Department of Commerce before the salesperson may conduct any real estate activities — including advertising — under the new brokerage. Advertising under 'Lakeside Properties' before the transfer is officially processed means Greg is advertising under a brokerage with which he is not yet legally affiliated, which constitutes a violation.

Answer Options
A
The ad is permissible if broker Paul provides written authorization for Greg to advertise before the transfer is processed
B
The ad is a violation only if Greg also removes his name from Sunrise Realty's website before the transfer is complete
C
The ad is permissible because Greg has a valid salesperson license and has already agreed to affiliate with Lakeside Properties
D
The ad is a violation because Greg may not advertise under any brokerage until his license transfer is officially processed by the MN DOC

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Related Topics & Key Terms

Key Terms:

advertising_ruleslicense_transferbrokerage_affiliationmn_doc_processing

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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