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Practice Of Real EstateLicense_lawMEDIUM

Salesperson Tom is found by the Iowa Real Estate Commission to have made fraudulent misrepresentations to a buyer during a transaction. The IREC holds a formal hearing and decides to revoke Tom's license. Tom believes the decision was unfair. What is Tom's proper avenue for challenging the IREC's decision under Iowa law?

Correct Answer

B) Tom may appeal the IREC's decision to the Iowa district court for judicial review under Iowa's Administrative Procedure Act

Under Iowa Code Chapter 17A (Iowa Administrative Procedure Act) and Iowa Code Chapter 543B, a licensee aggrieved by a final IREC decision may seek judicial review by filing a petition in Iowa district court. The district court reviews whether the agency acted within its authority and followed proper procedures.

Answer Options
A
Tom may file an appeal directly with the Iowa Real Estate Commission for a second hearing before a different panel of commissioners
B
Tom may appeal the IREC's decision to the Iowa district court for judicial review under Iowa's Administrative Procedure Act
C
Tom must file his appeal with the Iowa Department of Commerce, which has final authority over all IREC decisions
D
Tom may petition the Iowa Governor's office to overturn the IREC's decision through executive review

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Related Topics & Key Terms

Key Terms:

irec_appealjudicial_reviewdisciplinary_hearingadministrative_procedure

Related Concepts

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

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