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Practice Of Real EstateLicense_lawMEDIUM

David is a Vermont real estate salesperson whose license is currently on inactive status. His former client, Patricia, calls him asking for help locating a rental property. David agrees to show Patricia several rental units and verbally promises to help negotiate her lease in exchange for a referral fee from the landlord. Which of the following best describes the legal consequence of David's actions?

Correct Answer

C) David has violated Vermont licensing law by performing brokerage activities while his license is inactive

Under 26 V.S.A. Chapter 41, performing real estate brokerage activities — including showing rental properties and negotiating leases for compensation — requires an active Vermont real estate license. David's license is inactive, which means he is not authorized to engage in any brokerage activities. Showing properties and negotiating leases for a referral fee constitutes brokerage activity under Vermont law. David has violated the licensing statute and may be subject to disciplinary action and civil penalties.

Answer Options
A
David's actions are permissible because showing rentals and negotiating leases are not covered under Vermont's real estate licensing law
B
David's actions are permissible because accepting a referral fee rather than a commission exempts him from licensing requirements
C
David has violated Vermont licensing law by performing brokerage activities while his license is inactive
D
David has violated Vermont licensing law only if the referral fee exceeds the amount typically paid to licensed salespersons

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Related Topics & Key Terms

Key Terms:

inactive_licenseunlicensed_activitybrokerage_activities26_vsa_chapter_41

Related Concepts

FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.

A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

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