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Practice Of Real EstateLicense LawHARD

Rhode Island salesperson James, who is affiliated with Broker Sandra, negotiates a side deal with the seller of a property James just helped sell. The seller privately agrees to pay James an additional $2,000 'bonus' in cash for his exceptional service, without Sandra's knowledge. Under Rhode Island law, which of the following best describes the consequence?

Correct Answer

C) James is in violation of Rhode Island law because he received compensation from a party to the transaction without his broker's knowledge and consent

Under R.I. Gen. Laws § 5-20.5, a licensed salesperson may only receive compensation related to real estate services through their supervising broker. Accepting any payment — whether labeled a 'bonus,' 'gift,' or otherwise — directly from a party to a transaction without the broker's knowledge and consent violates Rhode Island license law. This is true regardless of the amount or how the payment is characterized.

Answer Options
A
James may accept the bonus because it is a voluntary gift from the seller, not a commission
B
James may accept the bonus if he reports it as income on his tax return
C
James is in violation of Rhode Island law because he received compensation from a party to the transaction without his broker's knowledge and consent
D
James is in violation only if the bonus exceeds 10% of the total commission paid in the transaction

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Related Topics & Key Terms

Key Terms:

secret_compensationbroker_knowledgesalesperson_violationlicense_law

Related Concepts

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.

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