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Associate Broker Tina wants to receive her commission payment directly from the seller at the closing table, bypassing her Qualifying Broker. Under New Mexico license law, is this permissible?

Correct Answer

C) No, Associate Brokers in New Mexico may only receive compensation through their Qualifying Broker

Under NMSA 1978, § 61-29-1 et seq. and NMAC Title 16, Chapter 61, Associate Brokers in New Mexico may only receive compensation through their Qualifying Broker. Direct payment from a seller or buyer to an Associate Broker is not permitted. All commissions must flow through the brokerage's trust account and be disbursed by the Qualifying Broker.

Answer Options
A
Yes, if both Tina and the seller agree in writing to the direct payment arrangement
B
Yes, as long as Tina reports the payment to her Qualifying Broker within 24 hours
C
No, Associate Brokers in New Mexico may only receive compensation through their Qualifying Broker
D
No, unless the Qualifying Broker provides written consent and the NMREC approves the arrangement

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Related Topics & Key Terms

Key Terms:

commission_paymentassociate_brokerqualifying_brokercompensation

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