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Trela Trec RulesLicense_requirementsHARD

Broker Lopez's sales agent, Amy, has been negotiating a commercial lease on behalf of a client. Amy discovers that the landlord is offering a secret incentive payment to any agent who brings a tenant. Amy does not disclose this to her client. Under TRELA, what violation has Amy committed?

Correct Answer

D) Amy has violated the duty of disclosure under the Canons of Professional Ethics, and both Amy and Broker Lopez may face disciplinary action

Under the Canons of Professional Ethics (TREC Rules §531.2), Amy must disclose all compensation and material information to her client. Failing to disclose a secret incentive payment is a violation of the duty of disclosure. Under broker responsibility rules, Broker Lopez may also face disciplinary action for failing to ensure Amy's compliance.

Answer Options
A
Amy has not committed a violation because commercial transactions are exempt from TREC's disclosure rules
B
Amy has committed a violation only if the incentive payment exceeds $1,000
C
Amy has committed a violation, but Broker Lopez is not liable because the broker was not involved in the negotiation
D
Amy has violated the duty of disclosure under the Canons of Professional Ethics, and both Amy and Broker Lopez may face disciplinary action

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Related Topics & Key Terms

Key Terms:

disclosurecommercial_leasesecret_incentivebroker_responsibility
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