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Practice Of Real EstateLicense_lawMEDIUM

Broker Patricia manages a real estate firm in Virginia. One of her salespersons, Tom, has been conducting real estate transactions without informing Patricia and has been keeping earnest money deposits in his personal bank account. Under Virginia law, what is Patricia's potential liability for Tom's conduct?

Correct Answer

A) Patricia may be held responsible by VREB for failing to properly supervise Tom, and may face disciplinary action

Under Va. Code § 54.1-2105 and 18 VAC 135-20-165, a principal broker has a legal duty to supervise all licensed salespersons affiliated with the firm. VREB can impose disciplinary action on the broker for failure to supervise, even if the broker did not directly participate in the misconduct. Proper supervision includes ensuring trust account compliance.

Answer Options
A
Patricia may be held responsible by VREB for failing to properly supervise Tom, and may face disciplinary action
B
Patricia is liable only if she had actual knowledge of Tom's conduct at the time it occurred
C
Patricia is liable only to the clients harmed, not to VREB, because supervision is a civil matter
D
Patricia has no liability because Tom is an independent contractor and solely responsible for his own actions

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Related Topics & Key Terms

Key Terms:

broker_supervisionprincipal_brokerdisciplinary_actiontrust_account

Related Concepts

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

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