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Practice Of Real EstateLicense_lawMEDIUM

Patricia is a Washington managing broker who supervises five brokers at a real estate firm. One of her brokers, Tom, is discovered to have been commingling client earnest money deposits with the firm's operating account for several months. The DOL investigates and finds that Patricia was unaware of Tom's actions but failed to implement any oversight procedures. Under RCW 18.85, which statement best describes Patricia's potential liability?

Correct Answer

B) Patricia may face disciplinary action for failing to adequately supervise the brokers under her oversight.

Under RCW 18.85, managing brokers and designated brokers have supervisory responsibilities over the licensees they oversee. Failure to implement adequate supervision procedures that would detect or prevent violations like commingling is itself a ground for disciplinary action against the supervising licensee, even if they did not personally participate in the misconduct.

Answer Options
A
Patricia has no liability because she was unaware of Tom's commingling and did not personally benefit.
B
Patricia may face disciplinary action for failing to adequately supervise the brokers under her oversight.
C
Patricia is only liable if she is also the designated broker of the firm.
D
Patricia's liability is limited to a civil fine because the commingling was Tom's direct action.

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Related Topics & Key Terms

Key Terms:

supervisory_liabilitymanaging_brokercomminglingdisciplinary_groundsRCW_18.85

Related Concepts

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

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.

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