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License holder Martinez receives a referral fee from an out-of-state broker for referring a Texas buyer. Under TREC rules and the Canons of Professional Ethics, which of the following statements is correct?

Correct Answer

C) Martinez may accept the referral fee only if she discloses it to all parties and the fee is paid through her sponsoring broker

Under TREC rules and the Canons of Professional Ethics (§531.2), license holders must disclose all forms of compensation to the parties in a transaction. Additionally, under Texas Occupations Code §1101.352, all compensation received by a sales agent must flow through the sponsoring broker. Martinez may accept the fee, but it must be disclosed and paid through her broker.

Answer Options
A
Martinez must decline the referral fee because Texas license holders cannot receive compensation from brokers in other states
B
Martinez may accept the referral fee directly from the out-of-state broker without disclosure since referral fees are exempt from TREC rules
C
Martinez may accept the referral fee only if she discloses it to all parties and the fee is paid through her sponsoring broker
D
Martinez may accept the referral fee directly from the out-of-state broker as long as the amount does not exceed $1,000

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Related Topics & Key Terms

Key Terms:

referral_feescompensationdisclosuresponsoring_broker
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