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Practice Of Real EstateLicense_lawMEDIUM

A licensee is involved in a private civil lawsuit with a buyer over a disputed commission. The licensee argues that because the matter is in civil litigation, the Georgia Real Estate Commission cannot also pursue a disciplinary action. Which statement correctly describes the Commission's authority in this situation?

Correct Answer

C) The existence of a private civil dispute does not automatically prevent the Commission from investigating and addressing potential license-law violations in the public interest.

Under O.C.G.A. § 43-40-25 and related provisions, the Commission's regulatory authority exists to protect the public interest and operates independently of private civil disputes. The Commission may investigate and discipline a licensee for license-law violations even when the same facts are also the subject of private litigation or settlement between the parties.

Answer Options
A
The Commission must wait for the civil case to conclude before opening any investigation into the licensee's conduct.
B
A consent order may be offered to a licensee only after a formal hearing has been conducted and a finding of violation has been issued.
C
The existence of a private civil dispute does not automatically prevent the Commission from investigating and addressing potential license-law violations in the public interest.
D
Once a private settlement is reached between the parties, the Commission loses jurisdiction to review the licensee's conduct related to that transaction.

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Related Topics & Key Terms

Key Terms:

georgiastate_portioninvestigations_hearings_and_sanctionsga_license_law

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