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Practice Of Real EstateLicense_lawMEDIUM

The NJREC is conducting a routine audit of a brokerage's trust account records and discovers that the broker has been commingling client funds with the brokerage's operating account. Which of the following best describes the NJREC's authority in this situation?

Correct Answer

B) The NJREC may suspend or revoke the broker's license and impose a fine of up to $5,000 per violation

Commingling client funds with operating funds is a serious violation of N.J.S.A. 45:15-17 and the NJREC's trust account rules. The Commission has full authority to suspend or revoke the broker's license and impose a monetary penalty of up to $5,000 per violation — even for a first offense — because trust account violations directly harm consumers and undermine the integrity of real estate transactions.

Answer Options
A
The NJREC may only issue a written warning for a first offense of commingling
B
The NJREC may suspend or revoke the broker's license and impose a fine of up to $5,000 per violation
C
The NJREC must refer the matter to the Superior Court before taking any disciplinary action
D
The NJREC may impose a fine of up to $5,000 but cannot suspend or revoke the license for a first offense

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Related Topics & Key Terms

Key Terms:

trust_accountcomminglingdisciplinary_authoritynjrecenforcement

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