South Dakota Broker (State Law) Practice Test

Practice test questions — Broker (State Law)

1. A managing broker has supervisory responsibility for the actions of which of the following while they conduct licensed real estate activity?

   • Only the broker themselves
   • All affiliated salespersons and any associate brokers licensed under the managing broker, including their advertising, client interactions, contracts, and trust fund handling ✓
   • Only newly licensed salespersons in their first year
   • Only salespersons who request supervision

   A managing or designated broker carries supervisory liability for ALL licensees affiliated with the brokerage. Most states use the term 'reasonable supervision' to describe the standard — the broker must establish policies, training, and oversight reasonable to ensure compliance with license law. Sp…

2. A brokerage receives a $5,000 earnest money check from a buyer. Under most state laws, by when must the broker deposit the check into the trust account?

   • Only after closing
   • Within a specific time frame set by state law — typically 1-3 banking days from receipt or acceptance of the offer, depending on the state ✓
   • Within 30 days
   • Whenever convenient

   Trust account deposit timing is a heavily regulated area. While the exact time frame varies by state, the universal rule is that earnest money and other client funds must be deposited PROMPTLY — typically within 1 to 5 banking days. Common state requirements include: Florida (3 business days after o…

3. If a real estate broker maintains a trust account, which of the following is generally PROHIBITED?

   • Maintaining one trust account for multiple transactions
   • Commingling personal or brokerage operating funds with client trust funds (mixing client money with the broker's own money is among the most serious violations and grounds for revocation) ✓
   • Reconciling the account monthly
   • Depositing earnest money checks within state-required timeframes

   COMMINGLING is the prohibited mixing of client trust funds with the broker's own personal or operating funds. It violates the fundamental principle that the broker holds client money as a FIDUCIARY — the funds remain the property of the client until properly disbursed at closing or returned. Example…

4. Who may supervise a real estate salesperson's activity in conducting licensed real estate transactions?

   • Any other salesperson
   • Only a licensed broker (designated broker, managing broker, or broker-in-charge depending on state terminology); the broker must be licensed and active ✓
   • The client/principal
   • Any state-employed person

   Only an actively licensed BROKER (not another salesperson, not an inactive broker) may supervise salespersons and associate brokers. State licensing laws structure this with specific titles, including: DESIGNATED BROKER (the broker formally designated to supervise — common in states like California,…

5. In a Facebook ad promoting a property, what information must typically be included to comply with most state real estate advertising laws?

   • Just the agent's first name
   • The brokerage's name (firm name), as well as the agent's licensed name; this requirement applies even on social media platforms ✓
   • Only the property address
   • Only the listing price

   Advertising disclosure rules apply across ALL media — including social media (Facebook, Instagram, TikTok, etc.), websites, email, signs, print, and broadcast. The fundamental rule is the BROKERAGE FIRM NAME must appear in any advertisement of real estate services. The agent's name should be their L…

6. How long must a real estate broker typically maintain transaction records under state law?

   • 1 year
   • Typically 3-7 years from completion of the transaction (the exact requirement varies by state; many states require 3 years, some 5 or 7 years) ✓
   • Records can be destroyed immediately
   • Forever

   Record retention requirements vary by state, but most states require BROKERS to maintain records of completed real estate transactions for a specific period. Common requirements: 3 YEARS (many states, including many Midwest and Southern states); 5 YEARS (California — increased from 3 years in 2019);…

7. If a managing broker of XYZ Realty represents a buyer, and one of their salespersons at XYZ Realty represents the seller of the same property, what is the typical agency situation?

   • No agency relationship exists
   • Dual agency (or designated agency, depending on the state) at the brokerage level — most states require written disclosure and informed consent of both parties before this can occur ✓
   • Single agency only
   • Customer relationships only

   Dual agency arises when a BROKERAGE FIRM represents both the buyer and seller in the same transaction. Even if two different salespersons within the firm represent different parties, the BROKERAGE itself is in a dual agency relationship because both salespersons work under the same brokerage. STATE …

8. A licensed salesperson knowingly pays an unlicensed person a referral fee for sending a buyer to her. Under typical state law, who can be disciplined?

   • Only the salesperson
   • Both the salesperson AND her supervising broker (failure to supervise); the unlicensed person also generally cannot legally be paid for the referral ✓
   • Only the unlicensed person
   • No one is responsible

   Paying a referral fee to an UNLICENSED PERSON is generally PROHIBITED in nearly all states. Real estate license law restricts the payment of any compensation for performing real estate brokerage activity (including referral) to LICENSED brokers or salespersons (paid through their supervising broker)…

9. If an earnest money dispute arises after a transaction falls through, what is the typical role of the broker?

   • Decide who gets the money
   • Hold the disputed funds in trust until either both parties agree in writing on disposition, a court orders disbursement, or the broker interpleads the funds (deposits with the court for the court to decide); the broker should not take sides ✓
   • Return funds to whomever asks first
   • Keep the funds as compensation

   When earnest money disputes arise, the broker faces a difficult position because of fiduciary duties to BOTH parties (or transaction broker neutrality, depending on state). The broker must NOT make a unilateral decision about who deserves the funds. PROPER PROCEDURES: (1) WRITTEN AGREEMENT — If both…

10. What are typical responsibilities of a managing broker regarding the activity of newly licensed salespersons?

    • No special responsibilities
    • Heightened supervision — typically including review of all contracts and listings, mentoring, more frequent meetings, training, and review of all client interactions and advertising during their initial period ✓
    • Only paying their commissions
    • Marketing only

    Newly licensed salespersons need HEIGHTENED SUPERVISION from their supervising broker. While state laws don't always specify exactly what this looks like for new licensees, best practices and many state guidance documents recommend: (1) CONTRACT REVIEW: The broker reviews all contracts (listings, pu…

11. A broker uses the term 'team' in advertising (e.g., 'The Smith Team at XYZ Realty'). What is typically required?

    • Nothing special
    • The brokerage name (XYZ Realty) must appear with at least equal prominence; the team name cannot replace or obscure the brokerage; some states have specific team naming and registration requirements ✓
    • Only the team name is required
    • Only the broker name is needed

    TEAMS within a brokerage are common, especially as agents specialize. State laws and Realtor Association policies have caught up to regulate them. KEY REQUIREMENTS: (1) BROKERAGE MUST BE IDENTIFIED: The supervising brokerage's legal name must appear in any team advertising, with at least equal promi…

12. A broker submits false continuing education records to renew their license. This is most likely considered:

    • A minor administrative oversight
    • FRAUD — a serious license law violation that can result in license revocation, fines, and possibly criminal prosecution for submitting false statements to a state agency ✓
    • Not a violation
    • A civil matter only

    Submitting FALSE INFORMATION to a state agency in connection with licensing is one of the most serious license law violations. It constitutes FRAUD against the state and is treated extremely severely by most state commissions. CONSEQUENCES typically include: (1) LICENSE REVOCATION (often permanent o…

13. What is typically the supervising broker's responsibility regarding their salespersons' commissions?

    • None — commissions are personal
    • All commission must flow through the broker; the broker collects commissions from the closing/clients, then pays the salesperson per their employment agreement; salespersons cannot collect commissions directly ✓
    • Salespersons collect directly from clients
    • Closing attorneys pay salespersons

    Under state license law, ALL COMMISSIONS for licensed real estate activity must be paid TO and THROUGH the supervising broker. The broker then pays the salesperson per their agreed compensation arrangement (commission split). This is a UNIVERSAL principle in real estate license law. WHY: (1) The bro…

14. Which records related to a brokerage trust account are typically required to be maintained?

    • Only bank statements
    • Bank statements, individual transaction ledgers (showing who owns each dollar), check registers/disbursement records, deposit slips, reconciliation records, and supporting documentation ✓
    • Only the broker's notes
    • Receipts only

    Trust account record requirements are extensive because of the fiduciary nature of holding client funds. Required records typically include: (1) BANK STATEMENTS: Monthly statements from the trust account bank; (2) DEPOSIT RECORDS: Deposit slips, copies of deposited checks (for audit trail); (3) TRAN…

15. When must agency relationships typically be disclosed in writing to consumers in most states?

    • Never required
    • Before any substantive discussion about the consumer's confidential information, motivations, or specific transaction details; the exact timing varies by state but is typically 'first substantive contact' ✓
    • Only at closing
    • Only if the consumer asks

    AGENCY DISCLOSURE timing is critical because consumers need to know whom the licensee represents BEFORE sharing confidential information. Most states require written disclosure at 'FIRST SUBSTANTIVE CONTACT' or before discussing material terms. WHAT TRIGGERS DISCLOSURE: (1) Discussing a consumer's m…

16. A broker discovers a salesperson is committing license law violations. What is typically the broker's responsibility?

    • Ignore it
    • Take corrective action including disciplinary measures, training, and in serious cases, report the violation to the state commission and terminate the agent; failure to take action makes the broker liable for failure to supervise ✓
    • Cover up the violation
    • Refer to legal counsel only

    When a broker discovers (or has good reason to believe) a salesperson is committing violations, they have AFFIRMATIVE OBLIGATIONS to address it. The 'see no evil' approach is not acceptable and exposes the broker to failure-to-supervise charges. APPROPRIATE ACTIONS depend on severity but typically i…

17. Mishandling a client's earnest money funds — including failing to deposit timely, commingling with personal funds, or using funds for unauthorized purposes — is typically considered:

    • A minor violation
    • One of the MOST SERIOUS license law violations, potentially grounds for license revocation, criminal prosecution (fraud or theft), and substantial fines; the state commission gives high priority to trust account violations ✓
    • Acceptable in some circumstances
    • A civil matter only

    TRUST ACCOUNT VIOLATIONS are among the most serious in real estate license law because they represent a breach of fiduciary duty to handle client funds with utmost care. State commissions prioritize trust account violations highly. TYPES OF TRUST ACCOUNT VIOLATIONS: (1) COMMINGLING: Mixing client fu…

18. A broker advertises a property as 'lakefront' when in fact it is set back from the lake with neighboring lots between. What is the typical legal characterization?

    • Acceptable creative description
    • MISREPRESENTATION — a violation of state license law, potentially fair housing law if discriminatory, and grounds for civil liability for damages; advertising must be truthful and not misleading ✓
    • Buyer beware applies
    • Common practice

    Real estate advertising must be TRUTHFUL and NOT MISLEADING. This applies whether the misrepresentation is express (clearly stating something false) or by implication (suggesting something that is not true). MATERIAL FACT MISREPRESENTATIONS include: (1) Property characteristics (waterfront, acreage,…

19. When a salesperson terminates their affiliation with a brokerage, what is the typical responsibility of the broker?

    • No responsibility
    • Promptly notify the state commission of the affiliation termination, handle pending transactions appropriately, transfer or finalize listing agreements per their contracts and state law, and provide final settlement of any owed commissions ✓
    • Sue the salesperson
    • Keep the license forever

    When a SALESPERSON departs from a brokerage (whether voluntary, terminated, or for cause), the broker has specific responsibilities under license law. PROCEDURE typically: (1) NOTIFY STATE COMMISSION: Most states require the broker to notify the commission within a specific timeframe (often 5-30 day…

20. If the state real estate commission audits a brokerage's records, what is typically required?

    • Broker can refuse
    • The broker must produce required records (transaction files, trust account records, advertising records, license records) within the timeframe specified by the commission (typically 14-30 days); refusal is itself a violation ✓
    • Records can be hidden
    • Audits are voluntary

    State real estate commissions have STATUTORY AUTHORITY to audit licensed brokers. License law requires brokers to: (1) MAINTAIN required records (as discussed in previous questions); (2) PRODUCE them upon commission request; (3) Within the specified timeframe (typically 14-30 days). REFUSAL or failu…

21. Which type of bank account is typically required for holding client trust funds?

    • The broker's personal account
    • A separate trust account at a state-approved bank, typically labeled 'Trust Account,' 'Escrow Account,' or 'Real Estate Trust Account,' separate from operating funds ✓
    • Any business account
    • Petty cash

    Client trust funds must be held in a separate TRUST ACCOUNT (sometimes called escrow account or fiduciary account), distinct from the broker's personal or operating funds. KEY CHARACTERISTICS: (1) SEPARATE FROM OPERATING FUNDS: The trust account must be a dedicated account holding ONLY trust funds, …

22. If a buyer's agent learns that the buyer is willing to pay more than the asking price but has not yet made an offer, what should the agent do with that information?

    • Tell the listing agent
    • Maintain confidentiality — this is the buyer's confidential information and disclosing it to the seller or listing agent would be a serious breach of fiduciary duty; the buyer's negotiating position belongs to the buyer ✓
    • Tell the seller directly
    • Post on social media

    When a buyer's agent represents a buyer, the buyer is the CLIENT and is owed FIDUCIARY DUTIES — primary among them CONFIDENTIALITY. The buyer's willingness to pay more than asking is CONFIDENTIAL CLIENT INFORMATION. DISCLOSING IT would: (1) Breach the buyer's confidentiality; (2) Violate the agent's…

23. A broker is convicted of fraud unrelated to their real estate business. Under typical state license law, what is the most likely consequence?

    • No effect on real estate license
    • License revocation or suspension — most state license laws specifically address criminal convictions involving fraud, dishonesty, or moral turpitude as grounds for license discipline; the broker must typically self-report the conviction ✓
    • Only a fine
    • License automatically transfers

    Most state real estate license laws address CRIMINAL CONVICTIONS as grounds for license discipline. The principle is that a real estate license is a privilege, not a right, and brokers must demonstrate trustworthiness, integrity, and good moral character. CONVICTIONS THAT TYPICALLY TRIGGER DISCIPLIN…

24. Under typical state law, who is responsible for the activities of unlicensed assistants in a brokerage?

    • Unlicensed assistants alone
    • The supervising broker; while unlicensed assistants can perform certain administrative tasks, the broker must supervise them and ensure they do not perform licensed real estate activities ✓
    • The state commission
    • Clients themselves

    UNLICENSED ASSISTANTS (administrative support, transaction coordinators, marketing personnel) can be valuable in real estate brokerages but are STRICTLY LIMITED in what they can do. The broker is responsible for their supervision and for ensuring they do NOT engage in licensed activities. WHAT UNLIC…

25. What is the difference between a 'customer' and a 'client' in real estate?

    • They are the same
    • A CLIENT has a fiduciary relationship with the brokerage (full duties including loyalty, confidentiality, advocacy); a CUSTOMER is a party who is not represented but with whom the agent works honestly and provides certain non-confidential services; the distinction is important for understanding fiduciary obligations ✓
    • Clients pay more
    • Customers always represent buyers

    Understanding the CLIENT vs CUSTOMER distinction is essential to real estate licensing. CLIENT is a party who has a FIDUCIARY RELATIONSHIP with the brokerage — meaning the brokerage represents them with full fiduciary duties: (1) LOYALTY (acting in client's best interest, even against the agent's in…

26. When must an agent provide the state-mandated agency disclosure form to a consumer?

    • Only at closing
    • At the first substantive contact — before discussing price, motivation, or any confidential information — so the consumer knows what representation they are receiving ✓
    • Only when a formal agency agreement is signed
    • At the time the offer is submitted

    AGENCY DISCLOSURE TIMING: Most states require presenting the agency disclosure form (which explains the types of agency relationships available — seller's agent, buyer's agent, dual agent, transaction broker) at the FIRST SUBSTANTIVE CONTACT with a consumer. 'Substantive' means any discussion that c…

27. What is a 'Transfer Disclosure Statement' (TDS) in states that require it?

    • A document the bank provides
    • A seller-completed form disclosing the seller's knowledge of the property's condition, known defects, and material facts — required by law in California and similar states; the buyer must receive it before the purchase becomes final ✓
    • A title company document
    • A broker's fee disclosure

    TRANSFER DISCLOSURE STATEMENT (TDS): Required in California (and similar forms in many states) for residential property sales. The seller completes it (not the broker) disclosing: known defects in systems and components (roof, foundation, plumbing, HVAC); prior repairs; known issues with title; neig…

28. What environmental disclosure is required in most states for pre-1978 homes?

    • Asbestos disclosure
    • Lead-based paint disclosure — federal law requires sellers of pre-1978 residential properties to disclose known lead-based paint hazards and provide the EPA pamphlet 'Protect Your Family From Lead in Your Home'; buyers get a 10-day window to conduct a lead inspection ✓
    • Radon disclosure
    • All of the above are required equally

    LEAD-BASED PAINT DISCLOSURE is a federal requirement (42 USC 4852d) for all residential properties built before 1978. Requirements: SELLER DISCLOSURE: Must disclose any known presence of lead-based paint or lead hazards; EPA/HUD Pamphlet: 'Protect Your Family From Lead in Your Home' must be provided…

29. What is a 'buyer's premium' in an auction-style real estate sale?

    • The buyer's agent commission
    • An additional percentage paid BY the buyer on top of their winning bid — the total cost of the property is the winning bid PLUS the buyer's premium (typically 5-15%) ✓
    • A discount for qualified buyers
    • The premium paid for buyer's title insurance

    BUYER'S PREMIUM is a percentage added to the winning bid at auction that the buyer pays to the auction company or auctioneer. Example: winning bid $450,000; buyer's premium 10%; total cost to buyer = $495,000. This is different from most traditional real estate sales where the seller pays commission…

30. What does a 'comparative market analysis' (CMA) tell a seller?

    • The property's assessed tax value
    • An estimated market value range based on recent comparable sales, current active listings, and expired listings — not a licensed appraisal, but a professional opinion of value used to advise sellers on pricing strategy ✓
    • The exact selling price the property will achieve
    • The property's replacement cost

    COMPARATIVE MARKET ANALYSIS (CMA): A broker-prepared price analysis for buyer or seller clients. Methodology: SOLD COMPARABLES: Recently sold properties (similar size, condition, location, features, within 6-12 months) — these provide the strongest evidence of current market value; ACTIVE LISTINGS: …

31. What is the 'cooling-off period' or 'rescission right' in some real estate contracts?

    • The time to get the home inspected
    • For specific types of real estate transactions (timeshares, certain developer sales, some commercial leases), the buyer has a statutory right to cancel within a specified number of days after contract signing — without penalty — even if all contingencies are met ✓
    • The time between listing and first showing
    • The period to negotiate the final purchase price

    STATUTORY RESCISSION RIGHTS apply to specific real estate transaction types: TIMESHARES: Federal and state law (varying by state) gives buyers 3-15 days to cancel a timeshare contract without penalty — one of the strongest rescission rights due to high-pressure sales environments; NEW CONSTRUCTION D…

32. A buyer includes an 'as-is' clause in the purchase offer. Does this mean the buyer has no rights regarding property condition?

    • Yes — as-is means complete acceptance of all conditions with no recourse
    • No — 'as-is' means the seller won't make repairs, but the buyer retains the right to inspect and can still cancel if inspection reveals unacceptable conditions per the inspection contingency; the seller must still disclose known material defects ✓
    • As-is clauses are not valid in real estate contracts
    • As-is only applies to personal property

    AS-IS CLAUSES in real estate mean the seller will not make repairs — they are selling in current condition. What AS-IS does NOT do: waive the buyer's right to inspect (unless specifically stated and voluntarily waived by the buyer); waive the seller's disclosure obligations (seller must still disclo…

33. What is a 'covenant, condition, and restriction' (CC&R) and how does it affect a property buyer?

    • A standard mortgage requirement
    • Private restrictions on the use of a property contained in the deed or HOA documents — CC&Rs run with the land, binding all future owners; they may restrict uses (no commercial activity), require architectural review, or mandate HOA membership ✓
    • A government zoning code
    • A contractor warranty

    CC&Rs (Covenants, Conditions, and Restrictions) are private land-use restrictions that: RUN WITH THE LAND — bind all subsequent owners, not just the current owner; are typically found in HOA planned communities, subdivision plats, or deed restrictions; may include: USE RESTRICTIONS (no commercial us…

34. What is 'procuring cause' and why does it matter for commission disputes?

    • The reason a contract was cancelled
    • The chain of events initiated by a broker that was the predominant factor in bringing about the sale — determining procuring cause is how disputes between competing brokers over commission entitlement are resolved ✓
    • The cause of a property defect
    • The original listing price rationale

    PROCURING CAUSE determines which broker is entitled to a co-op commission when multiple brokers were involved in a transaction. The NAR arbitration process uses procuring cause when a dispute arises. Key factors in procuring cause determination: who first introduced the buyer to the property; who ma…

35. What is 'subordination, non-disturbance, and attornment' (SNDA) in commercial real estate leasing?

    • An addendum for residential purchases
    • A three-part agreement between lender, landlord, and tenant: SUBORDINATION (tenant's lease is subordinate to the lender's mortgage); NON-DISTURBANCE (lender agrees not to disturb the tenant's possession if they foreclose, as long as the tenant is not in default); ATTORNMENT (tenant agrees to recognize the new owner — including the lender after foreclosure — as their landlord) ✓
    • A zoning variance application
    • A title insurance endorsement

    SNDA AGREEMENTS are standard in commercial real estate financing and leasing. Why each provision matters: SUBORDINATION: The lender's mortgage takes priority over the tenant's lease — if the building is foreclosed, the senior position matters for property rights. Without subordination, a lease that …

36. Under state law, how often must a broker typically reconcile the brokerage trust (escrow) account?

    • Once a year
    • Regularly — most states require monthly reconciliation, comparing the trust account bank balance, the broker's records, and the total of individual client ledgers, which must all agree ✓
    • Never
    • Only when audited

    TRUST ACCOUNT RECONCILIATION: Brokers must regularly reconcile the trust/escrow account — most states require MONTHLY reconciliation. THREE-WAY RECONCILIATION: The broker compares and confirms that these all AGREE: (1) the trust account BANK STATEMENT balance; (2) the broker's TRUST ACCOUNT JOURNAL/…

37. Under state law, how long must a broker typically retain transaction records and documents?

    • One week
    • For a state-specified period after the transaction (commonly ranging from about 3 to 7 years depending on the state) — including contracts, disclosures, trust account records, and related documents ✓
    • Forever, in paper only
    • No retention is required

    RECORD RETENTION: Brokers must retain transaction records for a state-specified period — commonly ranging from about 3 to 7 years (varies by state) after the transaction closes or the listing expires. RECORDS TO RETAIN: Purchase contracts and addenda; listing agreements; agency disclosure forms; pro…

38. Under state law, what is a designated (or principal/managing) broker responsible for in a brokerage?

    • Only their own sales
    • Overseeing the entire brokerage's compliance — supervising affiliated licensees, ensuring proper trust fund handling, maintaining records, ensuring legal/ethical conduct, and being the responsible party for the firm's adherence to license law ✓
    • Only marketing
    • Nothing specific

    DESIGNATED/PRINCIPAL/MANAGING BROKER RESPONSIBILITIES: The broker designated as responsible for a brokerage oversees the firm's overall compliance and operations. RESPONSIBILITIES: SUPERVISING all affiliated licensees (salespeople, associate brokers) — ensuring they comply with license law; managing…

39. Under state law, when a broker holds an earnest money deposit and a dispute arises between buyer and seller over who is entitled to it, what should the broker generally do?

    • Keep the money for themselves
    • Hold the funds in the trust account and not release them until the dispute is resolved (by agreement of the parties, a court order, or other lawful means such as interpleader) — the broker must not unilaterally decide who gets the money ✓
    • Give it to whoever asks first
    • Split it evenly automatically

    DISPUTED EARNEST MONEY: When buyer and seller DISPUTE who is entitled to the earnest money deposit the broker holds in trust, the broker must NOT unilaterally decide or release the funds to one party. PROPER ACTIONS: HOLD the funds in the trust account until the dispute is resolved by: a written AGR…

40. Under most state laws, what is required regarding a brokerage's place of business or office?

    • No physical requirements at all
    • States typically have requirements about maintaining a definite place of business, displaying the license, and operating under the brokerage/broker's licensed name — specific requirements (such as a physical office) vary by state ✓
    • The office must be in the state capital
    • The office must be at least 1,000 sq ft

    BROKERAGE OFFICE REQUIREMENTS: State laws typically include requirements for a brokerage's place of business. COMMON REQUIREMENTS: Maintaining a DEFINITE PLACE OF BUSINESS (some states require a physical office; others allow more flexibility); DISPLAYING the broker's LICENSE (and often the licenses …

41. Under state law, can a broker pay a commission directly to an unlicensed person for performing licensed real estate activities?

    • Yes, anyone can be paid
    • No — a broker may only pay commissions/compensation for licensed activities to licensed individuals (their own affiliated licensees or, per agreement, to another broker); paying unlicensed persons for licensed activity is prohibited ✓
    • Yes, if it's a small amount
    • Only to family members

    COMMISSION PAYMENT RULES: A broker may pay compensation for LICENSED real estate activities ONLY to: their own affiliated/sponsored LICENSEES (salespeople, associate brokers); ANOTHER licensed BROKER (e.g., a cooperating broker, per agreement); the broker may NOT pay commissions or compensation for …

42. Under state law, may a broker keep some of their own money in the trust account?

    • No, never any amount
    • Generally only a small amount specifically allowed to cover bank service charges/fees and keep the account open — beyond that minimal amount, keeping personal/business funds in the trust account constitutes commingling ✓
    • Yes, up to half the account
    • Yes, unlimited amounts

    BROKER'S OWN FUNDS IN THE TRUST ACCOUNT: Generally, a broker may keep only a SMALL, SPECIFICALLY ALLOWED amount of their own money in the trust account — to cover BANK SERVICE CHARGES/FEES and/or to keep the account open (minimum balance), where state law permits. ANYTHING BEYOND THIS minimal allowe…

43. Under state law, what must a broker generally do when a salesperson affiliates with or leaves the brokerage?

    • Nothing
    • Notify the state commission and follow the proper procedures to add or release the licensee — the broker holds/sponsors the salesperson's license while affiliated, and proper notification/transfer procedures must be followed when the affiliation begins or ends ✓
    • Hide it from the state
    • Keep the license forever

    AFFILIATION CHANGES: When a salesperson AFFILIATES WITH or LEAVES a brokerage, the broker must follow state procedures. WHEN A SALESPERSON JOINS: The broker sponsors/holds the salesperson's license; proper notification to the commission and any required paperwork must be completed to activate the af…

44. Under state law, who is ultimately responsible if an affiliated salesperson mishandles a client's trust funds?

    • Only the salesperson
    • The BROKER bears significant responsibility — as the supervising party who controls the trust account and is accountable for the firm's compliance, the broker can be held liable and disciplined for trust fund mishandling by affiliated licensees, in addition to the salesperson's own liability ✓
    • No one is responsible
    • Only the client

    BROKER RESPONSIBILITY FOR TRUST FUND MISHANDLING: The BROKER bears significant responsibility for trust funds and the conduct of affiliated licensees. WHY: The broker CONTROLS the trust/escrow account; the broker is responsible for SUPERVISING affiliated salespeople; salespeople typically must turn …

45. Under state law, what generally happens to pending real estate transactions and listings if a sole proprietor broker's license is suspended or revoked?

    • Nothing — business continues as normal
    • The brokerage generally cannot continue operating; listings and pending transactions are affected because they belong to the brokerage, and without an active broker, licensed activity cannot lawfully continue — arrangements must be made per state law to protect clients ✓
    • Salespeople take over the company
    • The state runs the business

    SUSPENSION/REVOCATION OF A SOLE BROKER'S LICENSE: If a sole proprietor broker's license is suspended or revoked, the brokerage generally CANNOT continue conducting licensed activity. EFFECTS: LISTINGS belong to the BROKERAGE (not individual agents) — without an active broker, the brokerage cannot la…

46. Under state law, what is generally required regarding written employment or independent contractor agreements between a broker and affiliated salespeople?

    • No agreement is ever needed
    • Many states require or strongly recommend a written agreement defining the relationship (employee vs independent contractor), compensation, duties, and terms — clarifying the parties' rights and obligations ✓
    • Only a verbal handshake
    • The salesperson sets all terms

    BROKER-SALESPERSON AGREEMENTS: Many states require or strongly recommend a WRITTEN AGREEMENT between the broker and each affiliated salesperson. CONTENTS typically address: the RELATIONSHIP type — EMPLOYEE or INDEPENDENT CONTRACTOR (most agents are independent contractors); COMPENSATION (commission …

47. Under state law, what is the broker's responsibility regarding reviewing contracts and documents prepared by affiliated salespeople?

    • No review is needed
    • The broker should review transaction documents and contracts to ensure accuracy, completeness, and compliance — as the supervising party responsible for the firm's transactions, the broker oversees the work of affiliated licensees ✓
    • Only review them after closing
    • Let the clients review everything

    BROKER REVIEW OF TRANSACTION DOCUMENTS: As the supervising and responsible party, the broker should oversee and review the transaction documents and contracts prepared by affiliated salespeople. RESPONSIBILITIES: Review contracts, disclosures, and documents for ACCURACY, COMPLETENESS, and COMPLIANCE…

48. Under state law, what records must a broker maintain for the trust account?

    • No records needed
    • Detailed records including a record of all deposits and disbursements (with dates, amounts, sources, payees, and purposes), individual ledgers for each beneficiary/transaction, and reconciliation records — sufficient to track every dollar ✓
    • Only the bank statements
    • Just a total balance

    TRUST ACCOUNT RECORDS: Brokers must maintain DETAILED trust account records sufficient to account for every dollar held. REQUIRED RECORDS typically include: a JOURNAL/record of ALL DEPOSITS and DISBURSEMENTS (with date, amount, source/payee, purpose, and check/reference numbers); INDIVIDUAL LEDGERS …

49. Under state law, what continuing education or experience is typically required to obtain and maintain a BROKER license (versus a salesperson license)?

    • The same as a salesperson
    • More — brokers typically must complete additional advanced education AND have a required period of experience as an active salesperson before qualifying, plus continuing education to renew ✓
    • Less than a salesperson
    • No requirements

    BROKER LICENSE REQUIREMENTS (vs salesperson): To obtain a BROKER license, applicants typically must meet HIGHER requirements than for a salesperson license: ADDITIONAL ADVANCED EDUCATION (broker-specific pre-licensing coursework beyond the salesperson education); EXPERIENCE REQUIREMENT — a state-spe…

50. Under state law, what is a broker's responsibility regarding fair housing compliance within their brokerage?

    • No responsibility
    • The broker must ensure the brokerage and all affiliated licensees comply with fair housing laws — establishing policies, training agents, preventing discriminatory practices (steering, discriminatory advertising), and being accountable for the firm's compliance ✓
    • Only the agents are responsible
    • Fair housing doesn't apply to brokers

    BROKER FAIR HOUSING RESPONSIBILITY: The broker is responsible for ensuring the BROKERAGE and ALL AFFILIATED LICENSEES comply with fair housing laws. RESPONSIBILITIES: Establish ANTI-DISCRIMINATION POLICIES; TRAIN agents on fair housing requirements; ensure ADVERTISING is non-discriminatory (no discr…

51. In most states, what is an employing or designated broker generally required to do regarding the licensees in the office?

    • Nothing beyond hiring them
    • Actively and reasonably supervise affiliated licensees' real estate activities, including transactions, trust funds, and advertising, to ensure compliance with license law ✓
    • Supervise only new agents for one week
    • Let agents operate completely independently

    State license laws place a duty on the employing or designated broker to reasonably supervise the licensees affiliated with the brokerage. This generally means overseeing how agents conduct transactions, handle and account for trust funds, advertise, and disclose agency, and taking steps to ensure c…

52. What is the general rule on how quickly a broker must deposit trust funds such as earnest money?

    • Whenever convenient, with no deadline
    • Within the short time frame set by state law — often a small number of business days after receipt or acceptance — into the brokerage trust account ✓
    • Only at the end of the month
    • After closing only

    States set deadlines requiring a broker to deposit trust funds, such as earnest money, into the brokerage trust (escrow) account promptly — frequently within a small number of business days after the broker receives the funds or after the contract is accepted, depending on the state. Holding funds b…

53. What does it mean for a broker to keep trust funds 'separate and identifiable,' and why does it matter?

    • Mixing them with business funds is fine if labeled
    • Trust funds must be held apart from the broker's own money, with records showing whose funds they are, so each party's money is protected and traceable ✓
    • Trust funds can be held in the broker's personal account
    • Only the total balance matters, not whose money it is

    Keeping trust funds separate and identifiable means the broker holds clients' and parties' money in a dedicated trust account, never mixed with the broker's operating or personal funds (which would be commingling), and maintains records that show exactly whose money is in the account and in what amo…

54. At the broker level, why is a written brokerage policy on agency relationships important?

    • It is unnecessary if agents are experienced
    • Because the broker is responsible for how the firm forms and discloses agency relationships, a clear policy helps ensure consistent, compliant disclosure and proper handling of in-house dual agency ✓
    • Only franchises need such a policy
    • Agency policy is set by each agent individually

    Because the broker is accountable for the firm's agency practices, a written policy on how agency relationships are created, disclosed, and managed — including how in-house transactions and dual or designated agency are handled — promotes consistent, lawful conduct across all the firm's licensees. T…

55. What is the broker's responsibility for advertising published by the brokerage and its agents?

    • No responsibility for agent ads
    • The broker is responsible for ensuring all brokerage and agent advertising is truthful, not misleading, properly identifies the brokerage, and complies with fair-housing and state advertising rules ✓
    • Responsibility only for the broker's own ads
    • Advertising compliance is the agent's sole concern

    State law makes the broker responsible for advertising done in the firm's name and, through the duty to supervise, for the advertising of affiliated agents. Brokerage advertising must be truthful and not misleading, must generally identify the brokerage so the public knows the licensee operates unde…

56. How long must brokers generally retain transaction and trust-account records?

    • Records may be destroyed at closing
    • For the retention period set by state law — commonly a few years — and the records must be available for inspection or audit by the licensing authority ✓
    • No retention is ever required
    • Only until the commission is paid

    States require brokers to retain transaction records — listing and purchase agreements, disclosures, trust-account ledgers, bank statements, and related documents — for a specified period, commonly a few years after the transaction closes or terminates. These records must be kept in an organized way…

57. What is the general range of disciplinary actions a state commission can take against a licensee who violates license law?

    • Only a verbal warning
    • A range that can include fines, required education, censure or reprimand, license suspension, and license revocation, depending on the severity of the violation ✓
    • Always immediate permanent revocation
    • No action is possible against a licensed person

    State real estate commissions have a graduated set of disciplinary tools to match the seriousness of a violation. These commonly include monetary fines or penalties, orders to complete additional education, formal reprimand or censure, probation, suspension of the license for a period, and revocatio…

58. What is a reasonable supervisory practice for a broker overseeing trust-account activity in the office?

    • Never look at the trust account
    • Regularly review and reconcile the trust account against bank statements, control who is authorized to handle it, and promptly correct any shortage or discrepancy ✓
    • Let any agent withdraw funds freely
    • Reconcile only once a year

    Because trust-fund mishandling is among the most serious and most disciplined violations, a supervising broker should oversee the trust account closely: reconciling it regularly (commonly monthly) against the bank statement, limiting and controlling who is authorized to deposit and disburse funds, m…

59. In general, may a broker pay a commission or referral fee to an unlicensed person for performing licensed real estate activity?

    • Yes, to anyone who refers business
    • No — paying an unlicensed person for activity that requires a license is generally prohibited and is a violation for the broker ✓
    • Yes, if the amount is small
    • Only with the buyer's permission

    State license laws generally prohibit paying a commission or fee to an unlicensed person for performing activities that require a real estate license — such as negotiating, listing, or soliciting clients. A broker who pays an unlicensed individual for licensed activity, or who allows an unlicensed p…

60. How should a brokerage handle confidential client information when it represents both buyer and seller in a transaction?

    • Share everything freely between the parties
    • Protect each client's confidential information — such as their bargaining limits — and not disclose it to the other party, consistent with disclosed dual or designated agency rules ✓
    • Disclose the seller's bottom line to the buyer
    • Reveal the buyer's maximum price to the seller

    When a brokerage represents both sides (dual agency) or uses designated agency, protecting each client's confidential information is critical. The brokerage must not reveal one party's confidential bargaining position — such as the lowest price a seller will accept or the highest a buyer will pay, o…

61. What should a broker's transaction file generally contain?

    • Only the final commission check
    • The documents that evidence the transaction — such as the listing and purchase agreements, required disclosures, amendments, and records of trust funds handled — retained per state law ✓
    • Nothing in particular
    • Only the seller's contact information

    A complete transaction file documents the deal and demonstrates compliance. It typically includes the listing agreement and any buyer-representation agreement, the purchase contract and counteroffers and amendments, required disclosures (agency, property condition, lead-based paint where applicable,…

62. What does it generally mean for a broker to face discipline for 'failure to supervise'?

    • The broker personally committed fraud
    • The broker is held responsible because inadequate oversight allowed an affiliated licensee's violation to occur, even if the broker did not personally commit the underlying act ✓
    • Failure to supervise is not a real violation
    • Only the agent can ever be disciplined

    Failure to supervise is a distinct basis for discipline that targets the broker's oversight role rather than direct participation in wrongdoing. If an affiliated licensee commits a violation and the broker lacked reasonable systems to oversee transactions, trust funds, advertising, or disclosures, t…

63. What is a 'blind ad,' and why do state rules generally prohibit it?

    • An ad with no photographs
    • An advertisement that does not disclose that the advertiser is a real estate licensee or the name of the brokerage, which is prohibited because it can mislead the public ✓
    • An ad placed by a blind person
    • An ad for a property with no address

    A blind ad is advertising by a licensee that fails to disclose that a licensed brokerage is behind it — for example, an ad that looks like a for-sale-by-owner listing or omits the brokerage name. State rules generally prohibit blind ads because they can mislead consumers into thinking they are deali…

64. If a broker discovers a shortage in the brokerage trust account, what is the appropriate response?

    • Ignore it if small
    • Investigate and correct the shortage promptly, ensure all parties' funds are made whole, and address the cause, because a trust shortage signals a serious problem such as commingling or conversion ✓
    • Withdraw more funds to cover operating costs
    • Wait for the annual audit

    A trust-account shortage — when the account holds less than the total owed to all parties — is a serious red flag that money has been mishandled, whether through error, commingling, or conversion. The broker must investigate the cause immediately, restore the account so every party's funds are intac…

65. When a new salesperson affiliates with a brokerage, what supervisory step is commonly expected of the broker?

    • No special attention is needed
    • Provide orientation and closer oversight of the new licensee's early transactions and trust handling, since inexperienced agents pose a higher compliance risk ✓
    • Let the new agent close deals unsupervised immediately
    • Supervise only after a violation occurs

    New and inexperienced licensees present a higher risk of unintentional violations, so a reasonable broker gives them additional attention: orientation to the firm's policies, training on agency disclosure, contracts, advertising, and trust-fund handling, and closer review of their early transactions…