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Practice Of Real EstateLicense LawMEDIUM

Broker Elaine in Rhode Island has completed a successful residential transaction. All of the following actions regarding commission disbursement would be permissible under Rhode Island law EXCEPT:

Correct Answer

D) Elaine pays a portion of the commission directly to the buyer as a rebate without her broker's knowledge

Under R.I. Gen. Laws § 5-20.5, a salesperson (or broker acting as an agent) may not disburse commission funds or provide rebates to consumers without the knowledge and consent of the supervising broker. All financial transactions related to commission must be transparent and conducted through proper brokerage channels. Paying a rebate directly to the buyer without the broker's knowledge violates supervisory and trust account requirements.

Answer Options
A
Elaine pays her salesperson's share of the commission from the brokerage's operating account after funds are received
B
Elaine splits a portion of her commission with a cooperating broker from another Rhode Island brokerage
C
Elaine pays a referral fee to a licensed Rhode Island broker who referred the buyer to her
D
Elaine pays a portion of the commission directly to the buyer as a rebate without her broker's knowledge

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Related Topics & Key Terms

Key Terms:

commission_disbursementbroker_supervisionbuyer_rebatereverse_question

Related Concepts

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

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