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Practice Of Real EstateLicense_lawMEDIUM

Sales Associate Karen wants to receive a referral fee from an out-of-state broker who sent her a buyer client. The transaction closes successfully. Under Oklahoma license law, to whom must the referral fee be paid, and how may Karen receive it?

Correct Answer

B) The referral fee must be paid to Karen's employing Broker, who may then compensate Karen

Under Title 59 O.S. § 858-354, compensation for real estate services — including referral fees — may only be paid to a licensed Oklahoma Broker, not directly to a Sales Associate. Karen's employing Broker receives the referral fee, and the Broker then compensates Karen pursuant to their compensation agreement. This rule ensures all transactions flow through the responsible Broker.

Answer Options
A
The referral fee may be paid directly to Karen by the out-of-state broker because she performed the work
B
The referral fee must be paid to Karen's employing Broker, who may then compensate Karen
C
The referral fee must be deposited into OREC's education fund before being distributed
D
Karen may receive the referral fee directly only if she has held her license for at least two years

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Related Topics & Key Terms

Key Terms:

compensationreferral_feebroker_supervisionsales_associate

Related Concepts

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

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.

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