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Under the doctrine of respondeat superior, what is Hawaii's principal broker's liability for the actions of affiliated licensees?

Correct Answer

B) The principal broker is vicariously liable for the acts of affiliated licensees performed within the scope of their employment or agency.

Under the doctrine of respondeat superior ('let the master answer'), a principal broker in Hawaii can be held vicariously liable for the wrongful acts of affiliated licensees when those acts are committed within the scope of their employment or agency relationship. Hawaii's principal broker is responsible for supervising all licensees affiliated with their brokerage under HRS §467-1.6. This liability exists even without specific written instructions, and is not limited to closing activities.

Answer Options
A
The principal broker is never liable for the acts of affiliated licensees, regardless of circumstances.
B
The principal broker is vicariously liable for the acts of affiliated licensees performed within the scope of their employment or agency.
C
The principal broker is only liable if they issued written instructions directing the licensee's conduct.
D
The principal broker is only liable for actions that occur at or after the closing of a transaction.

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Related Topics & Key Terms

Related Topics:

Respondeat superiorHRS §467-1.6Principal broker supervisionVicarious liabilityErrors and omissions insurance

Key Terms:

respondeat superiorvicarious liabilityprincipal brokerHRS §467-1.6scope of employment
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