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Practice Of Real EstateLicense LawHARD

David is a licensed Rhode Island real estate broker who operates his own brokerage. One of his affiliated salespersons, Lisa, has been found by the Rhode Island DBR to have engaged in misrepresentation during a residential transaction. The DBR investigation reveals that David was unaware of Lisa's conduct and had no direct involvement. Under Rhode Island license law, which of the following most accurately describes the potential liability of Broker David?

Correct Answer

B) David may face disciplinary action by the DBR for failing to adequately supervise Lisa, even though he had no direct involvement in the misrepresentation.

Under R.I. Gen. Laws § 5-20.5, a licensed broker has a statutory supervisory responsibility over affiliated salespersons. The Rhode Island DBR can take disciplinary action against a broker who fails to adequately supervise a salesperson under their license, even when the broker had no direct knowledge of or participation in the salesperson's misconduct. This supervisory liability is a Rhode Island-specific application of broker responsibility that goes beyond simply being uninvolved — the broker has an affirmative duty to implement and maintain adequate supervision systems.

Answer Options
A
David faces no disciplinary exposure whatsoever because he had no personal knowledge of or involvement in Lisa's misrepresentation.
B
David may face disciplinary action by the DBR for failing to adequately supervise Lisa, even though he had no direct involvement in the misrepresentation.
C
David's license is automatically revoked whenever an affiliated salesperson is found to have committed a violation, regardless of the broker's knowledge.
D
David is only subject to civil liability to the harmed buyer but cannot face any DBR disciplinary action because the violation was committed solely by Lisa.

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Related Topics & Key Terms

Key Terms:

broker_supervisiondisciplinary_actionbroker_liabilitydbrsalesperson_misconductsupervisory_duty

Related Concepts

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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.

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