A Massachusetts real estate salesperson, Chen, is found by the Board to have violated Board regulations by failing to provide the mandatory written agency disclosure at the first personal meeting with a buyer client. The Board issues a formal reprimand and places Chen on probation for one year. Chen believes the decision is wrong. What is Chen's proper legal recourse under Massachusetts law?
Correct Answer
A) Chen may appeal the Board's decision to the Massachusetts Superior Court for judicial review
Under Massachusetts law, a licensee aggrieved by a final decision of an administrative board such as BORREBS may seek judicial review in the Massachusetts Superior Court. This is consistent with the Massachusetts Administrative Procedure Act (MGL Chapter 30A), which provides for court review of agency decisions. The Superior Court reviews whether the Board's decision was supported by substantial evidence and consistent with law.
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Related Concepts
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.
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.
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