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Practice Of Real EstateLicense LawHARD

Salesperson Olivia holds an active New Hampshire license under broker Frank. Olivia is convicted of a felony involving financial fraud unrelated to real estate. Frank immediately terminates Olivia's affiliation with his brokerage. Olivia believes that because the felony was not real-estate-related and she is no longer affiliated with Frank, the Commission has no grounds to discipline her license. Under RSA Chapter 331-A, which of the following is the most accurate assessment of Olivia's belief?

Correct Answer

A) Olivia is incorrect; RSA 331-A:26 includes conviction of a felony as a ground for Commission discipline regardless of whether the crime relates to real estate

RSA 331-A:26 expressly includes conviction of a crime as a ground for Commission disciplinary action, and this is not limited to crimes related to real estate. A felony conviction involving financial fraud demonstrates a lack of trustworthiness directly relevant to fitness for licensure, even if the crime did not occur in a real estate context. The Commission retains jurisdiction over Olivia's license regardless of her current brokerage affiliation status.

Answer Options
A
Olivia is incorrect; RSA 331-A:26 includes conviction of a felony as a ground for Commission discipline regardless of whether the crime relates to real estate
B
Olivia is correct; termination of her brokerage affiliation removes the Commission's jurisdiction over her license
C
Olivia is incorrect, but the Commission may only take action if Frank files a formal complaint against her
D
Olivia is correct; the Commission may only discipline licensees for violations directly related to real estate transactions

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Related Topics & Key Terms

Key Terms:

criminal_convictiondisciplinary_groundscommission_jurisdictionfitness_for_licensurersa_331_a

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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