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Pa Rela Brokerage RulesBrokerage_operationsHARD

Under RELA, a Pennsylvania broker of record, Daniel, discovers that one of his salespersons has been accepting referral fees directly from a mortgage company without disclosing them to clients or the broker. What RELA implications does this present?

Correct Answer

C) The salesperson has violated RELA by accepting compensation outside the broker relationship, and Daniel may face discipline for failure to supervise if he lacked adequate systems to detect such activity

Under RELA (63 P.S. §455.604), all compensation received by a salesperson for real estate-related activities must be paid through the employing broker. Accepting fees directly from a mortgage company violates this requirement. Additionally, failure to disclose the fee to clients raises further RELA and RESPA concerns. The broker may face discipline for inadequate supervision.

Answer Options
A
No implications, because referral fees between real estate and mortgage professionals are common practice
B
Only the mortgage company is liable for paying the referral fee
C
The salesperson has violated RELA by accepting compensation outside the broker relationship, and Daniel may face discipline for failure to supervise if he lacked adequate systems to detect such activity
D
Referral fees are only problematic if they exceed $1,000

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Related Topics & Key Terms

Key Terms:

referral_feesundisclosed_compensationRESPAbroker_supervisionbrokerage_operationsRELA
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