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Practice Of Real EstateLicense_lawHARD

Broker Diane has been found guilty of fraudulent misrepresentation in a real estate transaction. A consumer obtained a $60,000 court judgment against Diane and successfully recovered $50,000 from the Alabama Real Estate Recovery Fund. Diane's license was automatically suspended. Three years later, Diane has repaid the full $50,000 plus required interest to the Recovery Fund. What is the effect of this repayment on Diane's license?

Correct Answer

D) Diane becomes eligible to petition AREC for reinstatement of her license after full repayment.

Under Code of Alabama §34-27-31, repayment of the Recovery Fund (including interest) is a prerequisite for reinstatement eligibility, but it does not automatically reinstate the license. After full repayment, Diane becomes eligible to petition AREC for reinstatement. AREC retains discretion to evaluate the reinstatement request, considering the nature of the underlying conduct and any other relevant factors. Reinstatement is not automatic.

Answer Options
A
Diane's license is automatically reinstated upon full repayment of the Recovery Fund.
B
Diane must reapply for licensure and complete all pre-license education requirements again.
C
Diane's license remains suspended permanently because fraud is an automatic disqualifier under Alabama law.
D
Diane becomes eligible to petition AREC for reinstatement of her license after full repayment.

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Related Topics & Key Terms

Key Terms:

recovery_fundlicense_reinstatementautomatic_suspensionfraudlicense_requirements

Related Concepts

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

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.

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