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Practice Of Real EstateLicense LawMEDIUM

Under HRS Chapter 467, the Hawaii Real Estate Commission has broad authority to regulate real estate licensees. Which of the following is NOT a power expressly granted to the HREC under HRS Chapter 467?

Correct Answer

C) Setting the maximum commission rate that brokers may charge clients for real estate services

The HREC does NOT have the power to set maximum commission rates. Commission rates in Hawaii, as in all U.S. states, are negotiable between the broker and client and are not set or capped by the Commission. Setting commission rates would violate federal antitrust law (Sherman Act). The HREC's authority is limited to licensing, discipline, rulemaking, and consumer protection — not price-setting.

Answer Options
A
Revoking or suspending a real estate license after a formal hearing
B
Imposing administrative fines on licensees who violate the statute or rules
C
Setting the maximum commission rate that brokers may charge clients for real estate services
D
Establishing continuing education requirements for license renewal

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Related Topics & Key Terms

Key Terms:

hrec_powerscommission_ratesantitrusthrs_467reverse_question

Related Concepts

Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

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