B. This is statutory. Choice A would be dual agency, which is prohibited by Florida law.
C. This is definitional.
A. Because the landscaping would be readily visible, it is the least likely choice to be considered misrepresentation. The broker knew of, or should have known of, the other situations.
B. This is statutory. A designated sales associate can be used when two sales associates work for the same broker in a transaction on the same piece of nonresidential property.
A. Dual agency is illegal, which is the primary purpose of creating the transition option to a transaction broker relationship. The result is reduced liability, because the broker won’t be breaking the law and it will allow the broker to receive the full commission. But neither of these is the primary purpose of the law allowing this transition. Agency representation is essentially reduced to nothing in this option.
D. If you read this question carefully, choices A and C are essentially the same thing.
A. Only a broker may receive a fee or commission. The sales associate then receives her share from the broker.
B This is statutory. If the office is set up specifically as an office (office supplies and equipment, sales associates assigned there), it becomes a branch office and must be registered.
A. Commissions are always negotiable between broker and client.
D. An administrative penalty by means of a citation would be the most likely way this type of offense would be dealt with.
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