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Practice Of Real EstateLicense_lawMEDIUM

Broker Tom works at Cascade Real Estate. The firm's listing agreement with seller Elena specifies a 5% commission. The property sells and the cooperating buyer's broker is paid 2.5% from the transaction. Tom's designated broker then pays Tom 60% of the firm's 2.5% side. Under Washington law, which statement correctly describes how Tom's compensation is properly structured?

Correct Answer

A) Tom may only receive compensation through his designated broker at Cascade Real Estate

Under RCW 18.85.361, a licensed broker may only receive compensation for real estate activities from the designated broker of the firm with which the broker is affiliated. A broker cannot receive compensation directly from a client, a cooperating broker, or any other party. All compensation must flow through the designated broker, who then distributes it to affiliated brokers per their written compensation agreement.

Answer Options
A
Tom may only receive compensation through his designated broker at Cascade Real Estate
B
Tom may receive compensation from either the seller or the buyer's broker, but must disclose both payments
C
Tom may receive compensation directly from the seller as long as the designated broker approves
D
Tom may receive compensation directly from the buyer's broker since they cooperated on the transaction

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Related Topics & Key Terms

Key Terms:

broker_compensationdesignated_brokercommission_structurercw_18_85

Related Concepts

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

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.

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