1.3 Indiana License Types and Broker Supervision
Key Takeaways
- Indiana has two individual tiers: broker (must be sponsored) and managing broker (can run an office and supervise).
- An affiliated broker's license goes INACTIVE the moment the managing broker relationship ends.
- Managing brokers must maintain written supervisory policies and are liable for affiliated brokers' acts within scope.
- Affiliated brokers may be paid ONLY by their own managing broker, never directly by clients or cooperating brokers.
- A company license requires a managing broker to serve as the principal broker of record.
The Two Individual Tiers
Forget the salesperson/broker/broker-of-record ladder from the national course. Indiana uses just two individual tiers plus an entity license:
| License | Can do | Must be supervised? |
|---|---|---|
| Broker (entry-level) | List, sell, lease, negotiate — under a managing broker | Yes, by a sponsoring managing broker |
| Managing broker | Everything a broker does, plus run an office and supervise | No — supervises others |
| Broker company (entity) | Operate as a firm | Must designate a managing broker of record |
An affiliated broker (an entry-level broker working under a managing broker) cannot:
- Operate independently or open a brokerage
- Hold an escrow/trust account
- Be paid directly by the public
- Supervise other licensees
A managing broker may operate a company, run branch offices, hold trust funds, and collect and distribute commissions to affiliated brokers.
Sponsorship: The Activation Switch
In Indiana a broker license has no value until a managing broker flips the activation switch.
- The applicant finds a managing broker willing to sponsor
- The managing broker submits the activation request to IREC/PLA
- The license becomes active upon approval
- The managing broker supervises every licensed act
What happens when the relationship ends is heavily tested:
| Event | Effect on the broker's license |
|---|---|
| Managing broker terminates the affiliation | License goes INACTIVE immediately |
| Broker resigns to switch firms | Inactive during the gap |
| While inactive | No licensed activity is permitted |
| To reactivate | A new managing broker must submit activation |
Exam Tip: Termination does not revoke or suspend the license — those are disciplinary outcomes. It simply renders the license inactive. The broker keeps the license but cannot practice until re-sponsored. Distractors that say "automatically revoked" or "can work independently for 90 days" are wrong.
Supervisory Duties of the Managing Broker
Indiana law makes the managing broker the compliance backbone of the firm. The managing broker must establish and maintain written policies covering:
- Supervision of all licensed activities
- Trust/escrow fund handling and reconciliation
- Advertising and marketing review (including team and social media ads)
- Transaction file review and document retention
- Complaint handling and reporting
Day-to-day responsibilities map onto those policies:
| Duty | What it requires |
|---|---|
| Supervision | Ensure affiliated brokers obey IC 25-34.1 and 876 IAC |
| Training | Provide guidance on procedures and compliance |
| Review | Inspect transactions and advertising |
| Trust funds | Oversee every escrow deposit, disbursement, and reconciliation |
| Records | Retain transaction records for the required period |
Liability: Inadequate Supervision
Key Point: Even if a managing broker did not know about an affiliated broker's misconduct, the managing broker can be disciplined when the misconduct flowed from inadequate supervision. "I didn't know" is not a defense if the policies and oversight were missing.
Worked scenario: An affiliated broker commingles an earnest-money deposit into their personal account. The managing broker never trained staff on escrow handling and never reconciled the account. IREC can discipline both — the affiliated broker for the act, the managing broker for failed supervision.
The Cardinal Commission Rule
Affiliated brokers may be compensated only by their own managing broker. Trace the money in any fact pattern:
| From | To | Allowed? |
|---|---|---|
| Client (buyer/seller) | Managing broker | Yes |
| Managing broker | Affiliated broker | Yes |
| Client | Affiliated broker directly | No |
| Cooperating broker | Affiliated broker directly | No |
| Another firm's broker | Affiliated broker directly | No |
An affiliated broker who pockets a check directly from a client or co-op broker violates the License Law and faces discipline up to revocation. Commission splits, referral fees, and bonuses must all route through the managing broker.
Transferring Between Firms
When an affiliated broker moves to a new managing broker:
- Notify the current managing broker of intent to transfer
- The current managing broker releases the license
- The new managing broker submits the activation to IREC
- The broker cannot practice during the gap
- The license reactivates when the new sponsorship is approved
Important: Pending listings and contracts belong to the firm, not the departing broker. Resolve commission entitlements on open transactions before transferring, because the new firm cannot claim work performed under the old sponsorship.
The Broker Company License
An Indiana brokerage that operates as a corporation, LLC, or partnership holds a separate company (entity) license. The exam tests the linkage between the entity and an individual managing broker:
| Requirement | Detail |
|---|---|
| Principal broker | The company must designate a managing broker as the principal broker of record |
| Authority | Only the managing broker of record can hold trust funds and sign on behalf of the firm |
| Vacancy | If the managing broker of record leaves, the company must designate a replacement promptly or its license is jeopardized |
| Branch offices | Each branch needs supervision tied back to a managing broker |
Exam Tip: A company cannot operate without a managing broker of record. If the only managing broker dies or resigns, the firm cannot lawfully conduct brokerage until a qualified managing broker is designated. Answer choices implying affiliated brokers can keep the office running alone are wrong.
Advertising Supervision in Practice
Advertising is one of the most frequently disciplined areas, and supervision of it falls squarely on the managing broker. Indiana rules require that:
- All advertising identifies the brokerage firm, not just the individual broker.
- An affiliated broker may not advertise property in their own name as if independent.
- Team names and social media posts are advertising and must include the firm.
- The managing broker must review and approve advertising policy and content.
Worked scenario: An affiliated broker runs a Facebook ad listing a home with only their personal cell number and no firm name. This is a violation, and because the managing broker's policies failed to catch it, IREC can cite both. Always tie advertising compliance back to the supervising managing broker.
Why Supervision Is Centralized
Indiana funnels authority, money, and liability through the managing broker for a reason: it gives consumers a single accountable party and a deep-pocket supervisor who must maintain escrow controls and records. When you see a fact pattern about misconduct, ask two questions — what did the affiliated broker do, and did the managing broker's supervision and written policies prevent or enable it? That dual lens is the key to the supervision questions on the state portion.
An Indiana managing broker terminates an affiliated broker. What is the immediate effect on that broker's license?
From whom may an affiliated Indiana broker lawfully receive commission?
A managing broker never trained staff on escrow handling, and an affiliated broker commingles earnest money. Who can IREC discipline?