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Under Georgia real estate law, when an affiliated licensee commits a violation such as running a misleading advertisement, what is the supervising broker's potential disciplinary exposure?

Correct Answer

C) The broker may face disciplinary action for supervision failures even though the underlying misconduct was committed by an affiliated licensee.

Under O.C.G.A. § 43-40-18 and GREC rules, supervising brokers have an independent regulatory duty to supervise their affiliated licensees. A failure to fulfill that duty is itself a disciplinable offense, regardless of whether the broker personally committed the underlying act. GREC can sanction the broker for inadequate supervision even when the violation was carried out entirely by an affiliated licensee.

Answer Options
A
The broker faces no disciplinary exposure because unlicensed activity violations require proof that a consumer suffered a financial loss.
B
The broker is shielded from discipline as long as the broker did not personally create or approve the specific advertisement in question.
C
The broker may face disciplinary action for supervision failures even though the underlying misconduct was committed by an affiliated licensee.
D
The broker's exposure decreases if the affiliated licensee has committed similar violations before, because GREC treats repeated conduct as less serious over time.

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