Which term describes a commission overage where a broker profits at the employer's expense?

• A. Kickbacks
• B. General Partnership
• C. Sole Proprietorship
• D. Unjust commission

Answer: (D)

Unjust commission describes the situation where a broker gains more than the agreed amount, profiting at the employer’s expense. This reflects an unethical use of a fiduciary role—the broker is supposed to act in the employer’s best interest and within the agreed terms, not enrich themselves at the employer’s cost. It’s different from business structures like a general partnership or sole proprietorship, which are about how a business is organized rather than how compensation is handled. It’s also not describing a kickback arrangement, which involves improper payments tied to influencing referrals or business, not simply taking an excessive commission from the employer. So, the term that best fits this improper gain by the broker is unjust commission.