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Practice Of Real EstateLicense LawHARD

Kevin holds a Wyoming Broker-Salesperson license and has worked under Broker Linda for six years. Kevin has now met all the requirements to upgrade to a full Broker license and wants to open his own independent brokerage. Kevin also wants to keep one transaction open that he started while working under Linda, acting as the listing agent, until it closes next month. Under Wyoming law, which of the following most accurately describes Kevin's obligations when he terminates his affiliation with Linda and opens his own brokerage?

Correct Answer

B) The open listing agreement belongs to Linda's brokerage, not to Kevin personally; Kevin must obtain Linda's consent and the seller's consent to assign or transfer the listing to his new brokerage.

Under Wyoming law and WREC Rules, listing agreements are contracts between the seller and the brokerage (Linda's firm), not between the seller and the individual salesperson or broker-salesperson. When Kevin terminates his affiliation with Linda's brokerage, the listing agreement remains with Linda's brokerage. For Kevin to continue working that transaction through his new brokerage, he would need both Linda's (the employing broker's) consent and the seller's consent to assign or transfer the listing agreement. This principle reflects the broker-centric nature of Wyoming real estate law.

Answer Options
A
Kevin may transfer the open listing to his new brokerage immediately upon receiving his Broker license, because the listing agreement was his personal client relationship.
B
The open listing agreement belongs to Linda's brokerage, not to Kevin personally; Kevin must obtain Linda's consent and the seller's consent to assign or transfer the listing to his new brokerage.
C
Kevin may continue to work the open listing under his new Broker license without any transfer, because his upgrade to Broker status automatically reassigns all his prior transactions.
D
Kevin must wait until the open transaction closes before he may apply for his Broker license upgrade, as Wyoming law prohibits concurrent license status changes during active transactions.

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Related Topics & Key Terms

Key Terms:

broker_salespersonlicense_upgradelisting_agreement_ownershipbroker_supervisionwyoming_unique

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