1. An unsuccessful offer can still count
An unlicensed consultant offers to list a landlord's vacant storefront and negotiate its lease in exchange for a discount on office rent. The landlord rejects the offer. No exemption applies. Which answer is best?
- No license issue arose because the landlord declined.
- No license issue arose because the proposed payment was not cash.
- The offer falls within covered activity for another with expected compensation.
- A residential leasing agent license would authorize this commercial lease.
Show answer and explanations
Answer: C. The offer falls within covered activity for another with expected compensation.
- Why this misses: The definition includes offering to list or negotiate. A completed lease or accepted engagement is not required for those provisions.
- Why this misses: A discount is a form of valuable consideration. Expected compensation need not be a cash commission.
- Correct. The conduct, the landlord's property and the proposed rent discount satisfy the stated test. The question rules out an exemption.
- Why this misses: That limited license covers residential leasing, not a storefront lease.
Change the facts: If the business merely sells ordinary advertising space and performs no other licensed service, analyze the advertising-medium exemption instead. Paid listing or negotiation services are different facts.
Source: 1-10, broker paragraphs (3)-(4) and compensation definition