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Practice Of Real EstateLicense_lawHARD

Oregon Broker Carlos negotiates a commission on a residential sale while his Oregon Broker license is expired. The transaction closes and the seller pays the commission. Under Oregon law, which of the following best describes the legal consequence for Carlos?

Correct Answer

B) Carlos must return the commission to the seller and may face disciplinary action from OREA for practicing without a license

Under ORS Chapter 696, a person must hold a valid, active Oregon real estate license to legally earn a commission or compensation for real estate brokerage activities. Practicing with an expired license constitutes unlicensed practice, and Carlos has no legal right to retain the commission. He may also face disciplinary action from OREA, including fines and potential denial of future license applications.

Answer Options
A
Carlos may keep the commission because the transaction was completed successfully and the seller voluntarily paid
B
Carlos must return the commission to the seller and may face disciplinary action from OREA for practicing without a license
C
Carlos may keep the commission but must pay a penalty fee to OREA equal to the amount of the commission earned
D
Carlos may keep the commission if he renews his license within 30 days of the transaction closing

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Related Topics & Key Terms

Key Terms:

unlicensed_practiceexpired_licensecommissiondisciplinary_action

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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