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Practice Of Real EstateLicense_lawHARD

Principal Broker Grace operates a brokerage in Eugene. She wants to share a commission with an out-of-state real estate broker licensed in California who referred a buyer to her. The California broker is not licensed in Oregon. Under Oregon law, may Grace pay a referral fee to the California broker?

Correct Answer

D) Yes, Grace may pay a referral fee to the California broker, provided the California broker does not perform any licensed real estate activities within Oregon

Under Oregon law and consistent with national real estate principles, a licensed Oregon Principal Broker may pay a referral fee to an out-of-state broker who is licensed in their home state, provided that the out-of-state broker does not perform any activities within Oregon that require an Oregon real estate license. The California broker's role must be limited to the referral — they cannot negotiate, show property, or otherwise practice real estate in Oregon. This is a standard cooperative compensation arrangement between licensed brokerages across state lines.

Answer Options
A
No, because Oregon law prohibits any compensation to out-of-state licensees under any circumstances
B
Yes, but only if the California broker first obtains a temporary Oregon non-resident license from OREA before the referral is paid
C
No, because referral fees may only be paid to Oregon-licensed Principal Brokers, not to individual brokers from other states
D
Yes, Grace may pay a referral fee to the California broker, provided the California broker does not perform any licensed real estate activities within Oregon

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Related Topics & Key Terms

Key Terms:

referral_feeout_of_state_brokerinterstate_referralcompensationors_696_290

Related Concepts

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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License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

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