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Practice Of Real EstateLicense_lawHARD

Salesperson Kevin was found guilty by the LREC of making fraudulent misrepresentations to a buyer. The LREC revoked his license and assessed a $5,000 fine. Kevin paid the fine but later applied for a new real estate license after the revocation period. Which of the following most accurately describes Kevin's situation regarding reapplication?

Correct Answer

D) Kevin may reapply for a license after one year, but the LREC has discretion to deny the application based on the prior revocation

Under La. R.S. 37:1455 and LREC rules, a person whose license has been revoked may reapply for licensure, but the LREC retains broad discretionary authority to deny the application based on the applicant's prior disciplinary history, including the nature and severity of the conduct that led to revocation. Fraud is treated as a serious violation, and the LREC will scrutinize such applications carefully. There is no automatic one-year bar, but reapplication before the revocation period ends is not permitted.

Answer Options
A
Kevin is permanently barred from obtaining any Louisiana real estate license following a revocation for fraud
B
Kevin may reapply immediately after paying the fine, as payment of the fine constitutes full satisfaction of the LREC's order
C
Kevin must wait five years after revocation and pass a special ethics examination before the LREC will consider his reapplication
D
Kevin may reapply for a license after one year, but the LREC has discretion to deny the application based on the prior revocation

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Related Topics & Key Terms

Key Terms:

lreclicense_revocationreapplicationfrauddisciplinary_action

Related Concepts

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.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

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