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Broker Jackson's brokerage has 15 sponsored sales agents. TREC conducts a routine audit and discovers that Jackson has failed to maintain proper records of all transactions handled by his agents over the past year. Under TREC's broker responsibility rules, which of the following best describes Jackson's liability?

Correct Answer

D) Jackson may face disciplinary action because the sponsoring broker is responsible for maintaining transaction records and supervising all activities of sponsored agents

Under Texas Occupations Code §1101.803 and TREC Rules §535.2, the sponsoring broker has a duty to supervise sponsored sales agents and maintain proper records. Failure to maintain transaction records is a violation of broker responsibility rules, and the broker may face disciplinary action regardless of whether consumer harm is demonstrated.

Answer Options
A
Jackson is only liable if TREC can prove that a specific consumer suffered financial harm as a direct result of the missing records
B
Jackson is not personally liable because record-keeping is the responsibility of each individual sales agent, not the sponsoring broker
C
Jackson is liable only for records related to transactions he personally participated in, not those handled solely by his sponsored agents
D
Jackson may face disciplinary action because the sponsoring broker is responsible for maintaining transaction records and supervising all activities of sponsored agents

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Related Topics & Key Terms

Key Terms:

broker_responsibilityrecord_keepingsupervisiondisciplinary_action
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