Delaware License Law

A Delaware real estate broker supervises a salesperson who makes fraudulent misrepresentations to a buyer. Can the broker be held responsible?

ANo — the broker is only responsible for their own actions, not those of supervised licensees
BYes — the broker has supervisory responsibility and may face discipline if they knew or should have known about the misrepresentations, or failed to properly supervise✓ Correct
COnly if the buyer can prove the broker personally directed the misrepresentation
DOnly if the broker shared in the commission from the affected transaction

Explanation

Delaware brokers have supervisory responsibility for the licensees working under them. A broker may face discipline if they failed to properly supervise, knew of the misconduct and failed to act, or directed the misconduct. Brokers should have written policies and supervision procedures to minimize this risk.

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