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Practice Of Real EstateLicense_lawHARD

Virginia salesperson Tom has his license suspended by VREB for 12 months due to a trust account violation. During the suspension period, Tom's client, who had signed a listing agreement before the suspension, receives an offer on the property. Tom's broker, Broker Linda, wants to assign another salesperson to handle the transaction. Which statement most accurately describes the legal situation under Virginia law?

Correct Answer

B) Broker Linda may reassign the listing to another affiliated salesperson because the listing agreement is between the client and Broker Linda's firm, not Tom personally

Under Virginia law and VREB regulations, a listing agreement is a contract between the client and the brokerage firm (represented by the principal broker), not a personal contract with the individual salesperson. Therefore, when Tom's license is suspended, Broker Linda — as the principal broker — retains the contractual relationship with the client and may assign another affiliated, active licensee to service the listing. The firm's contractual obligations to the client continue uninterrupted.

Answer Options
A
The listing agreement is automatically void because Tom's license is suspended, and a new agreement must be executed with Broker Linda's firm
B
Broker Linda may reassign the listing to another affiliated salesperson because the listing agreement is between the client and Broker Linda's firm, not Tom personally
C
Tom may continue to advise on the transaction in a non-compensated consulting capacity since the suspension only prohibits him from receiving commissions
D
Broker Linda must notify VREB within 24 hours and obtain written permission before reassigning Tom's listings to another salesperson

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Related Topics & Key Terms

Key Terms:

license_suspensionlisting_agreementbroker_authorityprincipal_brokervreb_discipline

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