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Practice Of Real EstateLicense_lawEASY

A licensee receives notice that the Georgia Real Estate Commission is investigating a written complaint filed against them. The licensee believes the complaint has no merit. What is the licensee's obligation regarding the Commission's request for transaction records?

Correct Answer

A) The licensee must produce the requested records because the Commission has statutory authority to investigate complaints and require relevant records or information.

Under O.C.G.A. § 43-40-25, the Georgia Real Estate Commission has broad investigative authority to examine complaints against licensees. This includes the power to require the production of records, documents, and other information relevant to a licensing matter. A licensee's personal belief that a complaint lacks merit does not excuse noncompliance with the Commission's lawful investigative requests. Cooperation with Commission investigations is a duty imposed on all licensees.

Answer Options
A
The licensee must produce the requested records because the Commission has statutory authority to investigate complaints and require relevant records or information.
B
The licensee may decline to produce records if they can demonstrate to their broker that the complaint lacks factual basis.
C
The licensee is only required to produce records after the Commission obtains a subpoena approved by a superior court judge.
D
The licensee may withhold records until the complainant first files a civil lawsuit and obtains a court order for production.

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Related Topics & Key Terms

Key Terms:

georgiastate_portioninvestigations_hearings_and_sanctionsga_license_law
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