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Practice Of Real EstateLicense_lawEASY

A licensee knowingly conceals a material fact from a client during a transaction. The licensee argues that discipline cannot apply because the specific conduct is not labeled on any contract form. Under the Illinois Real Estate License Act of 2000, which statement is correct?

Correct Answer

A) Discipline can apply because the Act independently prohibits dishonest dealing regardless of contract form language.

Under 225 ILCS 454/20-20, the Illinois Real Estate License Act of 2000 expressly authorizes IDFPR to discipline a licensee for dishonest dealing, fraud, or misrepresentation, among other grounds. The Act's disciplinary authority is not confined to conduct labeled on contract forms; concealment of a material fact falls squarely within the statutory prohibition on dishonest dealing.

Answer Options
A
Discipline can apply because the Act independently prohibits dishonest dealing regardless of contract form language.
B
Discipline cannot apply because the Act only authorizes sanctions for conduct expressly defined in IDFPR administrative rules.
C
Discipline can apply, but only if the client suffered a quantifiable financial loss as a direct result of the concealment.
D
Discipline cannot apply unless the licensee also violated a fiduciary duty owed to the opposing party in the transaction.

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Related Topics & Key Terms

Key Terms:

client_protectiondifficulty_2disciplinary_actionsdisciplinary_grounds_and_enforcementdisciplinedishonest_dealingillinois_statescenario

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