EstatePass
Practice Of Real EstateLicense_lawMEDIUM

A Georgia licensee receives notice that the Georgia Real Estate Commission is investigating a complaint filed against her. She believes the complaint stems from a private civil dispute with a former client and is without merit. She refuses to produce her transaction records, arguing the complaint is frivolous. Which statement best describes the Commission's authority in this situation?

Correct Answer

B) The Commission may investigate and take disciplinary action on licensing matters even when the underlying facts also involve a private civil dispute between the parties.

The Georgia Real Estate Commission has independent authority to investigate and discipline licensees for violations of license law, regardless of whether the same facts also give rise to a private civil dispute. The Commission's mandate is to protect the public interest, and a parallel private lawsuit does not strip it of jurisdiction. Under O.C.G.A. Title 43, Chapter 40, the Commission may act whenever there is evidence of a license-law violation.

Answer Options
A
The licensee may refuse to produce records without consequence if she reasonably believes the underlying complaint is frivolous.
B
The Commission may investigate and take disciplinary action on licensing matters even when the underlying facts also involve a private civil dispute between the parties.
C
The Commission must wait until the private civil dispute between the parties is fully resolved in court before it can open a disciplinary investigation.
D
The Commission's jurisdiction is limited to cases where a consumer has already obtained a monetary judgment against the licensee.

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Practice Of Real Estate Question

Sign up free to unlock full analysis

Background Knowledge for Practice Of Real Estate

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Practice Of Real Estate

Sign up free to unlock full analysis

Common Mistakes to Avoid on Practice Of Real Estate Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

georgiastate_portioninvestigations_hearings_and_sanctionsga_license_law
Was this explanation helpful?

More Practice Of Real Estate Questions

People Also Study

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing