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Practice Of Real EstateLicense LawMEDIUM

The NDREC receives evidence that broker Paul has been operating a real estate brokerage without maintaining a trust account for client funds, instead depositing all client earnest money into his general operating account. Under NDCC Chapter 43-23, which of the following disciplinary sanctions could the NDREC impose on Paul?

Correct Answer

B) License revocation, suspension, probation, or a civil penalty, depending on the severity of the violation

Under NDCC § 43-23-11, the NDREC has a range of disciplinary sanctions available, including license revocation, suspension, probation, and civil penalties. The failure to maintain a proper trust account and commingling client funds is a serious violation that can result in any of these sanctions depending on the circumstances and severity.

Answer Options
A
A civil fine only, not to exceed $500 per violation
B
License revocation, suspension, probation, or a civil penalty, depending on the severity of the violation
C
Mandatory restitution to affected clients, but no license suspension or revocation
D
Referral to the North Dakota Bar Association for professional discipline

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Related Topics & Key Terms

Key Terms:

ndrecdisciplinary_sanctionstrust_accountcommingling

Related Concepts

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.

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.

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