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Practice Of Real EstateLicense_lawHARD

A New Jersey licensed salesperson, Tom, accepts a referral fee directly from a mortgage lender after recommending the lender to his client during a home purchase transaction. Tom's broker was not informed of this arrangement. Under the New Jersey Real Estate License Act, which of the following best describes the consequences Tom may face?

Correct Answer

D) Tom may face disciplinary action by the NJREC because salespersons may only receive compensation through their supervising broker

Under N.J.S.A. 45:15-16.2 and the License Act's supervision requirements, a licensed salesperson may only receive compensation through their supervising broker. Accepting a referral fee or any compensation directly from a third party — including a mortgage lender — without routing it through the broker is a violation of NJ license law. This rule ensures broker oversight of all compensation received by affiliated licensees and protects consumers from undisclosed financial conflicts of interest.

Answer Options
A
Tom may accept the referral fee as long as he discloses it to the client in writing within 10 days of receipt
B
Tom's actions are permissible because the referral fee came from a third party, not from the real estate transaction itself
C
Tom may accept the referral fee if the amount does not exceed $500, which is the NJREC's de minimis threshold
D
Tom may face disciplinary action by the NJREC because salespersons may only receive compensation through their supervising broker

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Related Topics & Key Terms

Key Terms:

compensation_through_brokerreferral_feesalesperson_supervisiondisciplinary_actionlicense_law

Related Concepts

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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.

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