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three real estate licensed salespersons and an associate broker want to form a new real estate company. can the associate broker serve as the qualifying broker for the new firm and as an associate broker for their present firm?

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Final answer:

An associate broker may face regulatory and conflict of interest challenges as a qualifying broker for a new firm while also being associated with another firm. The legality of this arrangement depends on state-specific real estate laws and should be verified with the local real estate commission.

Step-by-step explanation:

Whether an associate broker can serve as the qualifying broker for a new real estate firm while also serving their current firm depends on the specific real estate licensing laws and regulations, which can vary by state. Generally, the qualifying broker is responsible for overseeing the real estate transactions and ensuring compliance with state laws for the firm.

This role typically requires a full-time commitment, and serving in a similar capacity for another firm could lead to conflicts of interest or regulatory issues. Moreover, most states have regulations that would prevent the qualifying broker from simultaneously holding a similar position in another competing firm due to the potential for conflicting duties and interests. It's crucial for the individuals involved to consult with the real estate commission or governing body in their state to understand the legal requirements and ramifications of such an arrangement.

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