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A Georgia licensee performed real estate services without a proper license but later corrected all related paperwork before any consumer suffered a financial loss. How does the Georgia Real Estate Commission view this situation from a disciplinary standpoint?

Correct Answer

B) The Commission may still pursue disciplinary action because correcting paperwork after the fact does not erase the original violation.

Under O.C.G.A. § 43-40-25, the Georgia Real Estate Commission has authority to discipline licensees for violations of the license law regardless of whether the violation caused actual consumer harm. A subsequent correction of paperwork may be considered as a mitigating factor during the sanction phase, but it does not nullify or erase the original violation. The Commission's mandate is public protection, which means violations are actionable upon occurrence.

Answer Options
A
The violation is dismissed because no consumer suffered actual financial harm as a result of the unlicensed activity.
B
The Commission may still pursue disciplinary action because correcting paperwork after the fact does not erase the original violation.
C
The Commission must wait until a consumer files a formal complaint before it can initiate any disciplinary proceedings.
D
The violation is automatically downgraded to a written warning if the licensee demonstrates that all documents were eventually corrected.

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