Maria is a licensed New Jersey salesperson who recently pleaded guilty to a criminal charge of theft by deception. Her supervising broker notifies the NJREC. Under the New Jersey Real Estate License Act, which of the following best describes the likely consequence for Maria's license?
Correct Answer
A) Maria's license may be revoked or suspended by the NJREC after notice and an opportunity for a hearing, because a criminal conviction involving dishonesty is grounds for discipline.
Under N.J.S.A. 45:15-17, the NJREC may suspend or revoke a license if the licensee has been convicted of or pleaded guilty to a crime involving moral turpitude or dishonesty, such as theft by deception. However, due process requires that the licensee receive notice and an opportunity for a hearing before the Commission imposes discipline—automatic revocation without a hearing is not the standard procedure.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.
More Practice Of Real Estate Questions
In Wyoming real estate practice, an associate broker or salesperson is not associated with a responsible broker at renewal. What should the licensee remember?
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In Wyoming real estate practice, a salesperson applicant age is reviewed. What should the licensee remember?
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