81. After working with buyers for months an affiliate broker wrote an accepted offer in January but his license had expired in December. Is he entitled to a commission?
Answer: B
No because his license was expired at the time the transaction occurred
An affiliate broker is not entitled to a commission if their license has expired at the time the transaction occurs. Since the broker's license expired in December and the accepted offer was written in January, he was not legally authorized to engage in real estate transactions at that time.
A) Yes if his license is renewed by the end of June
This option is incorrect because the legality of the transaction hinges on the status of the broker's license at the time the offer was made. Renewing the license after the expiration does not retroactively validate the activities conducted during the period of expiration.
B) No because his license was expired at the time the transaction occurred
This option is correct as it directly addresses the crucial point that the broker's license must be active during the transaction. Since the offer was written after the license expired, the broker is not entitled to any commission.
C) Yes because he was already working with the buyers before expiration
While the broker may have been working with the buyers prior to the license expiration, this does not grant him the right to receive a commission for a transaction that occurred after his license had expired. The broker's entitlement to commissions is contingent upon having a valid license at the time of the transaction.
D) Possibly it is at his broker's discretion
This option is misleading as the entitlement to commission is not at the discretion of the broker but rather determined by the legal requirements surrounding real estate transactions. If the affiliate broker's license is expired, he cannot receive commission, regardless of any discretion his broker may have.
Conclusion
The correct answer is option B, as it aligns with the legal stipulation that a broker's license must be active during transactions for them to be entitled to commissions. All other options fail to recognize the importance of having a valid license at the time the offer was made, thereby invalidating the broker's claim to commission in this case.