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Practice Of Real EstateLicense_lawMEDIUM

A complaint is filed with the Minnesota Department of Commerce alleging that broker Dana misrepresented the square footage of a listed property. After an investigation, the MN DOC determines the complaint has merit. Which of the following disciplinary actions is available to the MN DOC under Minnesota Statutes Chapter 82?

Correct Answer

A) A civil penalty, license suspension, license revocation, or a consent order requiring corrective action

Under Minn. Stat. Ch. 82, the MN DOC has authority to impose a range of administrative disciplinary sanctions, including civil penalties (fines), license suspension, license revocation, and consent orders that require the licensee to take corrective action or complete additional education. These are administrative remedies available to the agency.

Answer Options
A
A civil penalty, license suspension, license revocation, or a consent order requiring corrective action
B
Imprisonment for up to 90 days, as the MN DOC has concurrent criminal jurisdiction with county attorneys
C
Mandatory arbitration between Dana and the complaining party, with a binding award issued by the MN DOC
D
A civil lawsuit for damages on behalf of the injured buyer, filed directly by the MN DOC in district court

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Related Topics & Key Terms

Key Terms:

disciplinary_actionsmn_doc_authoritycivil_penaltylicense_revocationch_82

Related Concepts

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.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

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