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Practice Of Real EstateLicense_lawHARD

A Georgia real estate salesperson is the subject of a disciplinary complaint before the Georgia Real Estate Commission. No consumer has filed a civil lawsuit or proven any financial loss. The salesperson argues that without proof of monetary damages to a specific consumer, the Commission lacks grounds to take action. Which statement most accurately reflects Georgia law regarding the Commission's disciplinary authority?

Correct Answer

C) The Commission may deny, suspend, or revoke a license based on conduct demonstrating unfitness or violations of license law, even without proof of consumer monetary damages.

Under O.C.G.A. § 43-40-25, the Commission may discipline a licensee for violations of license law, incompetence, unworthiness, or conduct showing unfitness to hold a license. The statute does not condition disciplinary authority on a consumer first proving monetary damages in a civil proceeding. The Commission's role is to protect the public interest through regulatory enforcement.

Answer Options
A
The Commission must obtain a civil court judgment establishing damages before it can initiate disciplinary proceedings against a licensee.
B
Disciplinary action requires that a consumer first demonstrate a specific dollar amount of financial harm caused by the licensee.
C
The Commission may deny, suspend, or revoke a license based on conduct demonstrating unfitness or violations of license law, even without proof of consumer monetary damages.
D
The Commission's disciplinary authority is limited to cases where the licensee has been convicted of a felony related to the real estate transaction.

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Related Topics & Key Terms

Key Terms:

georgiastate_portioninvestigations_hearings_and_sanctionsga_license_law
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