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Practice Of Real EstateLicense_lawHARD

Associate Broker Kevin leaves Qualifying Broker Sandra's office and affiliates with a new Qualifying Broker, Michael. A dispute arises over a commission from a transaction Kevin completed while at Sandra's office. Under New Mexico license law, who has the right to receive the commission from that transaction?

Correct Answer

D) Sandra's brokerage, because the commission was earned while Kevin was affiliated with Sandra

Under NMSA 1978, § 61-29-1 et seq. and NMAC Title 16, Chapter 61, commissions are earned by and payable to the brokerage under which the Associate Broker was affiliated at the time the commission-generating activity occurred. Because Kevin performed the transaction while affiliated with Sandra's brokerage, the commission belongs to Sandra's brokerage. Associate Brokers in New Mexico cannot receive commissions directly from parties to a transaction.

Answer Options
A
The commission must be split equally between Sandra's brokerage and Michael's brokerage
B
Kevin, because he personally performed the work that generated the commission
C
Michael, because Kevin is now affiliated with Michael's brokerage at the time of payment
D
Sandra's brokerage, because the commission was earned while Kevin was affiliated with Sandra

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Related Topics & Key Terms

Key Terms:

commissionbrokerage_affiliationassociate_brokerqualifying_broker
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