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Practice Of Real EstateLicense_lawHARD

Under Wisconsin Statutes Chapter 452, a licensed Wisconsin real estate broker wishes to pay a finder's fee to an unlicensed person who referred a buyer that ultimately purchased a property listed by the broker. The unlicensed person did nothing more than provide the buyer's name and contact information. Which of the following best describes the legality of this payment under Wisconsin law?

Correct Answer

D) The payment is illegal because Wisconsin Statutes Chapter 452 prohibits brokers from paying compensation to unlicensed persons for activities related to a real estate transaction

Under Wisconsin Statutes § 452.14, a licensed broker is prohibited from paying compensation to any person for performing acts that require a real estate license unless that person holds a valid Wisconsin real estate license. Even a simple referral that results in a real estate transaction can constitute a licensed activity if compensation is paid for it. Paying a finder's fee to an unlicensed person for a real estate referral violates Chapter 452 and can subject the broker to disciplinary action by REEB.

Answer Options
A
The payment is legal because the unlicensed person only provided a referral and did not engage in brokerage activities
B
The payment is legal as long as the unlicensed person files a one-time disclosure with REEB before receiving the fee
C
The payment is legal if it does not exceed $100 and is disclosed in writing to all parties
D
The payment is illegal because Wisconsin Statutes Chapter 452 prohibits brokers from paying compensation to unlicensed persons for activities related to a real estate transaction

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Related Topics & Key Terms

Key Terms:

unlicensed_personfinder_feecompensation_prohibitionchapter_452

Related Concepts

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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