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Practice Of Real EstateLicense_lawHARD

NRED receives a complaint against Nevada salesperson Greg alleging that he accepted a referral fee directly from a mortgage company without his broker's knowledge. After investigation, NRED's investigator recommends a citation. Greg argues that because he disclosed the referral fee to his client in writing, no violation occurred. Under NRS Chapter 645, which analysis is most accurate?

Correct Answer

B) Greg violated NRS Chapter 645 because a salesperson may not receive compensation from any party other than their employing broker, regardless of client disclosure

Under NRS 645.280, a real estate salesperson (and broker-salesperson) may only receive compensation through their employing broker. Accepting compensation directly from any third party—including a mortgage company—without routing it through the employing broker is a violation of NRS Chapter 645, regardless of whether the client was disclosed. Client disclosure does not substitute for the requirement that all compensation flow through the broker.

Answer Options
A
Greg's written client disclosure fully cures any potential violation because Nevada law only requires disclosure to the client, not broker authorization, for referral fees
B
Greg violated NRS Chapter 645 because a salesperson may not receive compensation from any party other than their employing broker, regardless of client disclosure
C
Greg's conduct is permissible because referral fees from mortgage companies are governed exclusively by federal RESPA, which preempts Nevada license law on this issue
D
Greg may accept the referral fee if the mortgage company is licensed in Nevada, as the licensing status of the paying party determines whether the fee is permissible

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Related Topics & Key Terms

Key Terms:

compensation_through_brokerreferral_feesalesperson_dutieslicense_violation

Related Concepts

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.

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

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