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Practice Of Real EstateLicense LawHARD

Broker Carlos had his Colorado real estate license revoked five years ago for misappropriating client funds. He has since completed all required restitution, served a period of rehabilitation, and now applies for a new Colorado broker license. Under Colorado law, which statement most accurately describes CREC's authority regarding his application?

Correct Answer

B) CREC may consider the application and has discretion to grant or deny it based on the totality of circumstances, including rehabilitation.

Under C.R.S. § 12-10-217 and Colorado's licensing statutes, a prior revocation is not an absolute permanent bar to relicensure. CREC has discretion to evaluate a reapplication and consider factors including the nature of the original violation, evidence of rehabilitation, restitution paid, time elapsed, and any other relevant circumstances. CREC may grant or deny the application based on the totality of these factors. Colorado law reflects a rehabilitative approach that allows for second chances while protecting the public.

Answer Options
A
CREC must deny the application automatically because a prior revocation is a permanent bar to relicensure in Colorado.
B
CREC may consider the application and has discretion to grant or deny it based on the totality of circumstances, including rehabilitation.
C
CREC must grant the application because Carlos has completed restitution and the statutory waiting period has passed.
D
CREC must grant the application if Carlos passes the Colorado state licensing exam again within one year of applying.

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Related Topics & Key Terms

Key Terms:

relicensurerevocationcrec_discretionrehabilitationlicense_application

Related Concepts

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

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.

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