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Practice Of Real EstateLicense_lawMEDIUM

A Georgia broker is the subject of a Commission investigation arising from a condominium transaction. The broker believes the complaint is baseless and that the matter is purely a private contract dispute between the buyer and seller. The broker refuses to respond to the Commission's requests for transaction documents. What is the most likely consequence of the broker's refusal?

Correct Answer

A) The failure to cooperate with the investigation may itself become an independent basis for disciplinary action, separate from the original complaint.

Under O.C.G.A. § 43-40-25 and GREC Rules, licensees have an obligation to cooperate with lawful Commission investigations. Failure to produce requested records or respond to investigative inquiries can constitute a separate violation of license law, giving the Commission additional grounds for discipline beyond the original complaint. This means a broker who refuses to cooperate risks compounding their legal exposure even if the underlying complaint ultimately lacks merit.

Answer Options
A
The failure to cooperate with the investigation may itself become an independent basis for disciplinary action, separate from the original complaint.
B
The refusal has no disciplinary consequence because the Commission cannot compel document production without a court order.
C
The Commission must close the investigation if the broker asserts that the matter is a private dispute and declines to participate.
D
The broker's refusal delays but does not affect the investigation, because the Commission can obtain all needed records directly from the closing attorney.

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Related Topics & Key Terms

Key Terms:

georgiastate_portioninvestigations_hearings_and_sanctionsga_license_law
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