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Practice Of Real EstateLicense LawHARD

Under AS 08.88 and 12 AAC 64, AREC has broad authority to regulate real estate licensees in Alaska. Which of the following is NOT a power expressly granted to AREC under Alaska's real estate licensing statutes and regulations?

Correct Answer

C) Setting the maximum commission rate that brokers may charge for residential transactions

AREC does NOT have the authority to set maximum commission rates. Commission rates in Alaska are negotiable between the broker and the client and are not regulated by AREC. In fact, any agreement among brokers to fix commission rates would violate federal antitrust law. AREC's powers are limited to licensing, education standards, trust account rules, advertising requirements, and disciplinary actions.

Answer Options
A
Adopting administrative regulations governing trust account requirements for brokers
B
Suspending or revoking a real estate license after a disciplinary hearing
C
Setting the maximum commission rate that brokers may charge for residential transactions
D
Establishing continuing education requirements for license renewal

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Related Topics & Key Terms

Key Terms:

AREC_powerscommission_ratesantitrustNOT_questioncommission_structure

Related Concepts

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

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