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A Georgia broker is under investigation by GREC for multiple issues including inaccurate transaction records and advertisements that omit the firm's licensed name. During the investigation, the broker corrects all records and updates the advertisements. How will these factors most likely affect GREC's disciplinary outcome?

Correct Answer

C) The combination of repeat violations, poor records, and misleading advertising can increase the severity of the disciplinary outcome, even though corrections were made.

Under O.C.G.A. § 43-40-25, GREC considers the totality of circumstances when determining sanctions, including the pattern of violations, the types of deficiencies involved, and the licensee's compliance history. Multiple concurrent violations—such as poor recordkeeping combined with misleading advertising—demonstrate a broader pattern of non-compliance that can result in more severe penalties. Correcting problems after an investigation begins does not erase the underlying violations.

Answer Options
A
Because the broker corrected the problems during the investigation, GREC must dismiss the case without further action.
B
GREC will limit its review to the advertising issues because recordkeeping deficiencies are not independently sanctionable.
C
The combination of repeat violations, poor records, and misleading advertising can increase the severity of the disciplinary outcome, even though corrections were made.
D
GREC will defer its investigation until a consumer files a civil lawsuit proving actual financial damages.

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Key Terms:

georgiastate_portionpenalties_gagrec_rules_and_disciplinary
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