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Practice Of Real EstateLicense LawHARD

Carlos is a Colorado employing broker who has held his license for 20 years. During a CREC audit, it is discovered that he falsified his CE completion records for the past renewal cycle by submitting certificates from courses he did not actually attend. Under C.R.S. § 12-10-217, which of the following best describes the range of disciplinary actions CREC may take against Carlos?

Correct Answer

B) CREC may censure Carlos, impose a fine, place his license on probation, suspend his license, or revoke his license, depending on the severity of the violation.

Under C.R.S. § 12-10-217, CREC has broad disciplinary authority and may impose a range of sanctions including censure, fines, probation, suspension, or revocation of a broker's license for violations of the License Act, including falsification of CE records. Falsifying CE completion records constitutes fraud and misrepresentation, which are among the most serious grounds for discipline. CREC's authority to act does not require a prior criminal conviction.

Answer Options
A
CREC may only require Carlos to retake the falsified CE courses and pay a fine; license suspension or revocation requires a criminal conviction.
B
CREC may censure Carlos, impose a fine, place his license on probation, suspend his license, or revoke his license, depending on the severity of the violation.
C
CREC may suspend Carlos's license for a maximum of 90 days but may not revoke it for a first-time CE violation.
D
CREC may only refer the matter to the District Attorney for criminal prosecution and has no independent authority to discipline Carlos's license.

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Related Topics & Key Terms

Key Terms:

disciplinary_actionce_fraudlicense_revocationcrec_authority

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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