A Georgia licensee is the subject of a GREC complaint filed by a buyer who is also suing the licensee in civil court for monetary damages arising from the same transaction. The licensee's attorney argues that the Commission should dismiss the complaint because the matter is already being litigated in civil court. How should the Commission proceed?
Correct Answer
D) The Commission may continue its regulatory investigation regardless of the pending civil litigation between the parties.
GREC complaints are regulatory matters focused on protecting the public, not private damage claims. Under O.C.G.A. § 43-40-25 and GREC rules, the Commission's authority to investigate licensee conduct and take disciplinary action is independent of any civil dispute between the parties. A parallel civil lawsuit does not divest the Commission of its regulatory jurisdiction.
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Previous Question
A consumer files a complaint with GREC against a licensee while simultaneously pursuing a civil lawsuit against the same licensee over the same transaction. Which statement best describes GREC's authority in this situation?
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A consumer files a complaint with GREC but later wants to withdraw it before the investigation is complete. The complaint alleges serious trust account violations. What will likely happen?