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Practice Of Real EstateLicense LawMEDIUM

Sandra holds an active North Dakota salesperson license under Broker Thompson. She decides to leave Broker Thompson's firm and associate with Broker Rivera. During the transition period after Sandra has notified Broker Thompson of her departure but before Broker Rivera has submitted her transfer application to NDREC, what is Sandra's license status and what activities may she legally perform?

Correct Answer

C) Sandra's license is inactive during the transition period, and she may not perform any real estate brokerage activities until the transfer is approved by NDREC

Under NDCC Chapter 43-23 and NDAC Title 70, a salesperson's license is tied to a specific sponsoring broker. When a salesperson terminates association with one broker, the license becomes inactive. The salesperson may not perform any brokerage activities until the new broker submits a proper transfer application and NDREC approves the transfer and reactivates the license. There is no automatic transfer mechanism.

Answer Options
A
Sandra's license remains active and she may continue to conduct real estate transactions as long as she discloses the pending transfer to all clients
B
Sandra's license automatically transfers to Broker Rivera upon written notice to both brokers, and she may begin working immediately
C
Sandra's license is inactive during the transition period, and she may not perform any real estate brokerage activities until the transfer is approved by NDREC
D
Sandra's license is suspended by NDREC for 30 days as a mandatory cooling-off period whenever a salesperson changes brokers

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Related Topics & Key Terms

Key Terms:

license_transferbroker_changeinactive_licensendreclicense_requirements

Related Concepts

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

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.

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