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Practice Of Real EstateLicense_lawMEDIUM

James, a Washington designated broker, discovers that one of his firm's brokers, Lisa, has been accepting referral fees from a mortgage lender without disclosing this arrangement to her buyer clients. James immediately terminates Lisa's affiliation with the firm and reports her to the DOL. Regarding James's own potential liability, which statement is most accurate under RCW 18.85?

Correct Answer

B) James may face disciplinary action if the DOL finds he failed to adequately supervise Lisa's activities.

Under RCW 18.85, a designated broker is responsible for supervising all licensees affiliated with the firm. If the DOL determines that James failed to implement adequate supervisory systems that would have detected or prevented Lisa's undisclosed referral fee arrangement, James may face disciplinary action for inadequate supervision, even though he acted promptly once he discovered the issue.

Answer Options
A
James has no liability because he terminated Lisa and self-reported to the DOL promptly.
B
James may face disciplinary action if the DOL finds he failed to adequately supervise Lisa's activities.
C
James is automatically held jointly liable for all of Lisa's violations as the designated broker.
D
James's liability is eliminated because Lisa, not James, personally accepted the undisclosed fees.

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Related Topics & Key Terms

Key Terms:

designated_brokersupervisory_liabilityreferral_feesdisciplinary_groundsRCW_18.85

Related Concepts

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

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.

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