40. A person planning to get a Missouri salesperson's license has already referred several listings to a realty company. She has made a previous agreement with the realty company for a portion of the commissions from these referrals. Can she legally be paid?
Answer: D
No, the realty company cannot pay her at all.
In Missouri, a person must hold a valid salesperson's license to legally receive compensation for real estate services, including commission. Since the individual in question does not have a salesperson's license, the realty company is prohibited from paying her any commissions.
A) Yes, because the agreement is binding.
While the agreement may be binding, the legality of compensation hinges on the possession of a valid salesperson's license. Without this license, the agreement cannot be enforced regarding payment, making this option incorrect.
B) Yes, the realty company may pay her if it wishes, but the company is under no obligation.
This option incorrectly suggests that the company can choose to pay her despite her lack of a license. In Missouri, without a valid license, the company cannot legally pay her any commissions, regardless of their willingness.
C) No, she can receive only a nonmonetary gift.
This option implies that she may receive a nonmonetary gift, which is not relevant to the question of commission payment. However, the essential issue is that any form of compensation, including monetary or nonmonetary, cannot be legally provided without a license.
D) No, the realty company cannot pay her at all.
This option is correct because, under Missouri law, only licensed salespersons are entitled to receive compensation for real estate services. Since the individual does not have a salesperson's license, the realty company is legally barred from paying her.
Conclusion
The correct answer is D, as it accurately reflects the legal requirement for receiving compensation in real estate transactions in Missouri. All other options fail because they either misunderstand the licensing law or incorrectly suggest that payment is permissible without a valid salesperson's license.