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Laws Of Agency Fiduciary DutiesAgency_and_fiduciary_dutiesEASY

When a broker employs a salesperson, California law requires the broker to:

Correct Answer

B) exercise reasonable supervision over the activities the salesperson performs

Business and Professions Code section 10177(h) makes a broker's failure to exercise reasonable supervision over a salesperson's activities a ground for disciplining the broker, and Commissioner's Regulation 2725 sets out what supervision means in practice: written policies, rules, procedures, and systems for reviewing documents that may materially affect the parties' rights, for handling trust funds, for advertising, for compliance with anti-discrimination law, and for reporting licensee activity to the broker. The duty is systemic rather than clerical, so it neither requires the broker to touch every page nor is satisfied by buying insurance. A broker can lose a license under it even where the broker had no hand in the salesperson's misconduct.

Answer Options
A
personally review and initial every document in every transaction the salesperson handles
B
exercise reasonable supervision over the activities the salesperson performs
C
carry errors and omissions insurance covering the salesperson's activities
D
obtain the Department of Real Estate's written approval before the salesperson may take a listing
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Related Topics & Key Terms

Related Topics:

broker-supervision-responsibilitiesindependent-contractor-agreementscalifornia-business-and-professions-codereal-estate-compensation-structures

Key Terms:

broker supervisionCalifornia DRERegulation 2725reasonable supervisionbroker-salesperson relationship

Related Concepts

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

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