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Practice Of Real EstateLicense LawMEDIUM

The Delaware Real Estate Commission has broad authority to regulate the real estate profession in the state. All of the following are powers expressly granted to DREC under 24 Del. C. Chapter 29 EXCEPT:

Correct Answer

C) Setting the maximum commission rate that brokers may charge clients for real estate services

The DREC does NOT have the authority to set or cap commission rates that brokers may charge clients. Commission rates in Delaware are negotiable between the broker and the client and are governed by market forces and contract law. Setting maximum or minimum commission rates would constitute price-fixing and violate federal antitrust law (Sherman Antitrust Act). This is a critical distinction: DREC regulates licensee conduct and qualifications, not the pricing of real estate services.

Answer Options
A
Establishing pre-license education requirements for salesperson and broker applicants
B
Conducting formal disciplinary hearings and imposing sanctions on licensees
C
Setting the maximum commission rate that brokers may charge clients for real estate services
D
Approving and auditing real estate pre-license education course providers

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Related Topics & Key Terms

Key Terms:

dreccommission_powersantitrustcommission_ratesreverse_question

Related Concepts

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.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

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