AgencyIntermediateAlabama Exam

Which of the following best describes the relationship between an Alabama broker and their affiliated salesperson?

AThe salesperson is an independent contractor with no agency relationship to the broker, in general
BThe broker is the principal and the salesperson is their agent, regardless of tax statusCorrect
CThe salesperson is always a W-2 employee of the broker
DThere is no legal relationship unless the salesperson signs a partnership agreement

Why The broker is the principal and the salesperson is their agent, regardless of tax status Is Correct

Answer B: The broker is the principal and the salesperson is their agent, regardless of tax status

In Alabama, the affiliated salesperson acts as the broker's agent for purposes of license law and agency law. The broker is vicariously responsible for the salesperson's acts, regardless of whether they are classified as an employee or independent contractor for tax purposes.

Exam Tip: Agency

Agency questions are among the most tested on the exam. Focus on the difference between client and customer, and memorize the fiduciary duties (OLD CAR). Watch for questions that try to blur the line between a general agent and a special agent.

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