Sales Associate Greg's employing Broker, Firm ABC Realty, is purchased by a new owner who is not a licensed Oklahoma Broker. The new owner intends to continue operating the brokerage under the same name. Greg continues to work for the firm for two months while the new owner attempts to hire a licensed Broker. A transaction closes during this period and Greg earns a commission. Under Oklahoma law, which of the following best describes Greg's situation?
Correct Answer
C) Greg may have been practicing without proper Broker supervision, which could expose him to disciplinary action and render the commission legally unenforceable
Under Title 59 O.S. § 858-301, a Sales Associate must be supervised by a licensed active Broker at all times. When the brokerage was acquired by a non-licensed owner without a licensed Broker in place, the firm lost its authority to operate as a licensed brokerage. Greg's continued activities during this period were performed without proper Broker supervision — a fundamental requirement of Oklahoma license law. As a result, Greg may face OREC disciplinary action, and his commission claim may be legally unenforceable because the services were rendered while the brokerage was not properly licensed. This is an expert-level trap because Greg's own license was valid, but the firm's operational authority was compromised.
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Related Topics & Key Terms
Key Terms:
Related Concepts
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.
In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
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