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Practice Of Real EstateLicense_lawHARD

Broker Angela Foster's license is currently on inactive status with MREC. A friend asks Angela to help negotiate the sale of a commercial building and offers to pay her a $15,000 referral fee. Angela provides negotiation assistance and accepts the fee. Which of the following most accurately describes the legal consequences Angela faces under Missouri law?

Correct Answer

C) Angela has engaged in unlicensed real estate activity and may be subject to MREC disciplinary action and potential criminal penalties

Under RSMo Chapter 339, an inactive licensee has no authority to engage in real estate brokerage activities, including negotiating transactions or accepting compensation for such services. Performing brokerage activities on an inactive license constitutes unlicensed practice, which can result in MREC disciplinary action (including permanent revocation) and may also expose Angela to criminal penalties under Missouri law for practicing without a license.

Answer Options
A
Angela may accept the referral fee because referral fees are exempt from Missouri licensing requirements under RSMo Chapter 339
B
Angela may accept the fee if she discloses her inactive license status to all parties in writing before the transaction closes
C
Angela has engaged in unlicensed real estate activity and may be subject to MREC disciplinary action and potential criminal penalties
D
Angela's conduct is permissible because inactive licensees retain limited authority to negotiate transactions for compensation under Missouri law

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Related Topics & Key Terms

Key Terms:

inactive_licenseunlicensed_activityreferral_feedisciplinary_action

Related Concepts

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

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