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Practice Of Real EstateLicense LawHARD

Salesperson Mike in Helena, Montana has completed his 70-hour pre-license education and passed both the national and state portions of the PSI licensing exam. Before his license is issued, Mike wants to begin showing properties to buyers and collecting referral fees from a local lender. Under Montana law, which of the following is correct?

Correct Answer

A) Mike may neither show properties nor collect referral fees until his license is officially issued and he is affiliated with a supervising broker.

Under MCA Title 37, Chapter 51, a person may not perform any real estate licensed activity — including showing properties or collecting compensation — until their license has been officially issued by the MBRR and they are affiliated with and working under a supervising broker. Passing the exam and completing education are prerequisites for licensure but do not themselves confer the right to practice. Performing licensed activities before the license is issued constitutes unlicensed practice.

Answer Options
A
Mike may neither show properties nor collect referral fees until his license is officially issued and he is affiliated with a supervising broker.
B
Mike may show properties but may not collect referral fees until his license is officially issued.
C
Mike may collect referral fees but may not show properties until his license is officially issued.
D
Mike may show properties and collect referral fees because he has passed the licensing exam and satisfied all education requirements.

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Related Topics & Key Terms

Key Terms:

license_issuanceunlicensed_activitybroker_supervisionpre_licensemca_37_51

Related Concepts

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

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