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Practice Of Real EstateLicense_lawMEDIUM

Broker David operates his own firm in Virginia. One of his salespersons, Amy, is found to have engaged in misrepresentation during a transaction without David's knowledge. The aggrieved buyer files a complaint with VREB. Under Virginia law, which of the following best describes David's potential liability as the principal broker?

Correct Answer

B) David may face disciplinary action by VREB for failing to properly supervise Amy's activities

Under 18 VAC 135-20-165 and Va. Code § 54.1-2108, a principal broker has a duty to supervise the activities of all licensees working under the broker. Even if David did not personally participate in Amy's misrepresentation, VREB may find that he failed to meet his supervisory obligations and may impose disciplinary action, including fines, license suspension, or revocation.

Answer Options
A
David has no liability because Amy acted without his knowledge or authorization
B
David may face disciplinary action by VREB for failing to properly supervise Amy's activities
C
David is automatically criminally liable for Amy's misrepresentation under the Virginia Criminal Code
D
David must immediately terminate Amy's license before VREB can open an investigation

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Related Topics & Key Terms

Key Terms:

broker_supervisionprincipal_brokerdisciplinary_actionvreb

Related Concepts

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

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