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Practice Of Real EstateLicense_lawMEDIUM

The New Jersey Real Estate Commission (NJREC) has broad authority to regulate the real estate industry and protect consumers. Which of the following is NOT a power expressly granted to the NJREC under the New Jersey Real Estate License Act?

Correct Answer

C) Setting maximum commission rates that brokers may charge consumers for residential sales

The NJREC does NOT have authority to set maximum commission rates. Real estate commissions in New Jersey are fully negotiable between brokers and their clients, and any attempt by the Commission or industry participants to fix commission rates would violate federal antitrust law (Sherman Antitrust Act). The NJREC's powers are regulatory and disciplinary — it governs licensee conduct but does not control the pricing of brokerage services.

Answer Options
A
Adopting rules and regulations governing the conduct of licensed real estate professionals
B
Suspending or revoking a real estate license after a formal disciplinary hearing
C
Setting maximum commission rates that brokers may charge consumers for residential sales
D
Imposing monetary fines on licensees who violate the License Act

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Related Topics & Key Terms

Key Terms:

njrec_powerscommission_ratesantitrustregulatory_authorityreverse_question

Related Concepts

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

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