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Practice Of Real EstateLicense LawHARD

New Hampshire Broker Sandra has received a formal complaint filed with the NHREC alleging that she engaged in misrepresentation during a recent transaction. The NHREC has initiated a formal disciplinary investigation. Under RSA Chapter 331-A, which of the following correctly describes the range of disciplinary sanctions the NHREC may impose if the complaint is substantiated?

Correct Answer

B) The NHREC may impose sanctions including reprimand, fine, license suspension, or license revocation, and may also require restitution.

Under RSA 331-A, the NHREC has broad disciplinary authority upon a finding of a violation. Sanctions available to the Commission include formal reprimand, monetary fines, license suspension, license revocation, and orders for restitution to harmed parties. The Commission may impose one or more of these sanctions depending on the severity and circumstances of the violation.

Answer Options
A
The NHREC may only impose monetary fines; license suspension or revocation requires a separate court proceeding.
B
The NHREC may impose sanctions including reprimand, fine, license suspension, or license revocation, and may also require restitution.
C
The NHREC may suspend Sandra's license immediately upon filing of the complaint, without waiting for the investigation to conclude.
D
The NHREC may only revoke Sandra's license if she has been convicted of a felony in a court of law.

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Related Topics & Key Terms

Key Terms:

disciplinary_actionnhrec_authoritylicense_revocationmisrepresentationrsa_331_a

Related Concepts

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

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