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Practice Of Real EstateLicense_lawMEDIUM

Kevin operates a real estate brokerage in Salt Lake City and employs three Sales Agents and one Associate Broker. One of his Sales Agents, Tina, is found to have engaged in misrepresentation during a transaction without Kevin's knowledge. Under Utah Code Ann. § 61-2f, which of the following best describes Kevin's potential liability?

Correct Answer

A) Kevin bears supervisory responsibility as Principal Broker and may face disciplinary action for failing to adequately supervise Tina

Under Utah Code Ann. § 61-2f and Utah Administrative Code R162-2f, a Principal Broker is responsible for the supervision of all affiliated licensees. Even if the Principal Broker was unaware of a specific violation, the Division of Real Estate may find that inadequate supervision contributed to the misconduct and impose disciplinary action, including license suspension or civil penalties, against the Principal Broker.

Answer Options
A
Kevin bears supervisory responsibility as Principal Broker and may face disciplinary action for failing to adequately supervise Tina
B
Kevin bears no liability because Tina acted without his knowledge or authorization
C
Kevin is personally liable for all damages caused by Tina because a Principal Broker is always jointly liable for agent misconduct
D
Kevin's liability is limited to the amount of the earnest money held in the trust account at the time of the violation

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Related Topics & Key Terms

Key Terms:

principal_brokersupervisiondisciplinary_actionliability

Related Concepts

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

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