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Practice Of Real EstateLicense LawHARD

The Delaware Real Estate Commission receives a formal complaint against Associate Broker Daniel alleging that he converted client funds held in his trust account for personal use. After a formal hearing, DREC finds the allegation substantiated. Which of the following best describes the range of sanctions DREC may impose?

Correct Answer

B) DREC may impose a civil fine, require restitution, suspend or revoke Daniel's license, and/or require completion of additional education

Under 24 Del. C. Chapter 29, the Delaware Real Estate Commission has a broad range of disciplinary sanctions available, including civil fines, license suspension, license revocation, required completion of additional education or training, and orders of restitution. Trust account conversion is one of the most serious violations under Delaware license law, and DREC is not limited to a single type of sanction — it may combine multiple penalties to address the severity of the misconduct.

Answer Options
A
DREC may only issue a written reprimand for a first offense involving trust account violations
B
DREC may impose a civil fine, require restitution, suspend or revoke Daniel's license, and/or require completion of additional education
C
DREC may revoke Daniel's license but may not impose any monetary penalties, as that authority belongs exclusively to the courts
D
DREC may suspend Daniel's license for up to 30 days maximum, after which the matter must be referred to the Attorney General

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Related Topics & Key Terms

Key Terms:

trust_accountdisciplinary_sanctionslicense_revocationdrec_powers

Related Concepts

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

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