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Practice Of Real EstateLicense LawMEDIUM

The New Hampshire Real Estate Commission receives a formal complaint against broker David Chen alleging that he made fraudulent misrepresentations to a buyer during a residential transaction. After investigating, the Commission determines the complaint has merit. Which of the following disciplinary actions is the Commission authorized to impose under RSA Chapter 331-A?

Correct Answer

A) Revoke David's license, impose a civil fine, and order restitution to the buyer

Under RSA 331-A:26 and RSA 331-A:27, the New Hampshire Real Estate Commission is authorized to impose a range of disciplinary sanctions including license revocation, suspension, reprimand, civil fines, and orders of restitution. Fraudulent misrepresentation is an enumerated ground for discipline, and the Commission may impose multiple sanctions simultaneously.

Answer Options
A
Revoke David's license, impose a civil fine, and order restitution to the buyer
B
Revoke David's license, impose a criminal fine, and sentence David to community service
C
Suspend David's license temporarily but may not revoke it for a first offense
D
Refer the matter exclusively to the courts and take no direct disciplinary action

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Related Topics & Key Terms

Key Terms:

disciplinary_sanctionscommission_powersrevocationfraudrsa_331_a

Related Concepts

FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.

A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.

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.

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