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Practice Of Real EstateLicense_lawHARD

A licensed broker in Illinois knowingly conceals a material fact from a client during a transaction. The broker argues that the specific conduct at issue does not fall within any explicitly enumerated ground for discipline under the Illinois Real Estate License Act of 2000. Which of the following most accurately describes the Department's disciplinary authority in this situation?

Correct Answer

D) The Department may discipline the broker because dishonest dealing and violations of the Act are independently sanctionable under Section 20-20, regardless of whether the specific conduct is separately enumerated.

Under 225 ILCS 454/20-20, the Department's disciplinary authority expressly includes dishonest dealing, misrepresentation, and violations of the Act broadly — it is not confined to a closed list of enumerated acts. A broker who knowingly conceals a material fact engages in dishonest dealing, which is itself a sanctionable ground independent of whether the precise conduct appears elsewhere in the statute.

Answer Options
A
The Department may only discipline the broker if the concealment also constitutes a criminal offense under Illinois law.
B
The Department's authority is limited to the grounds explicitly listed in the Act, so unenumerated conduct cannot support discipline even if dishonest.
C
The Department may discipline the broker only if the concealment caused a measurable financial loss to the client that is documented in writing.
D
The Department may discipline the broker because dishonest dealing and violations of the Act are independently sanctionable under Section 20-20, regardless of whether the specific conduct is separately enumerated.

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Related Topics & Key Terms

Key Terms:

client_protectiondifficulty_4disciplinary_actionsdisciplinary_grounds_and_enforcementdisciplinedishonest_dealingillinois_statescenario

Related Concepts

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

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.

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