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Associate broker Rachel works under principal broker Dave at Canyon Realty in Orem, Utah. Rachel holds a full broker-level license but has chosen to work under Dave. A client asks Rachel if she can open her own independent brokerage while still affiliated with Canyon Realty. What is the correct answer under Utah law?

Correct Answer

C) Rachel cannot operate an independent brokerage while licensed as an associate broker under another principal broker

Under Utah Code Ann. § 61-2f and R162-2f, an associate broker is a licensee who holds a broker-level license but has voluntarily affiliated with a principal broker. While affiliated as an associate broker, Rachel's license is under Dave's principal broker license and she cannot simultaneously operate an independent brokerage. To open her own brokerage, Rachel would need to apply to the Division of Real Estate to activate her license as a principal broker — her associate broker status means she has chosen to operate under another's supervision.

Answer Options
A
Rachel may operate her own brokerage because she holds a broker-level license
B
Rachel may operate her own brokerage only if Dave gives written permission
C
Rachel cannot operate an independent brokerage while licensed as an associate broker under another principal broker
D
Rachel must first obtain a principal broker license upgrade before opening her own brokerage

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Related Topics & Key Terms

Key Terms:

associate_brokerprincipal_brokerindependent_brokeragelicense_status

Related Concepts

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

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