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Practice Of Real EstateLicense_lawMEDIUM

A Nevada real estate broker, Raymond, is under investigation by NRED for suspected trust account irregularities. Before the investigation is complete, NRED's Administrator believes that continued operation by Raymond poses an immediate risk to the public and client funds. Which action may the NRED Administrator take without waiting for a full Commission hearing?

Correct Answer

D) The Administrator may issue a summary suspension of Raymond's license on an emergency basis to protect the public, pending a formal hearing before the Commission

Under NRS 645.630 and Nevada administrative law, the NRED Administrator has authority to issue a summary (emergency) suspension of a license when there is an immediate threat to the public or to client funds. This is a temporary measure that preserves the status quo pending a full formal hearing before the Commission, which must be held within a prescribed period after the summary suspension.

Answer Options
A
The Administrator may only issue a written warning to Raymond and must wait for the Commission to convene before taking any license action
B
The Administrator may permanently revoke Raymond's license immediately, as the Administrator has the same disciplinary authority as the full Commission
C
The Administrator may place Raymond's license on inactive status and require him to complete additional education, but may not suspend the license without a hearing
D
The Administrator may issue a summary suspension of Raymond's license on an emergency basis to protect the public, pending a formal hearing before the Commission

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Related Topics & Key Terms

Key Terms:

summary_suspensionemergency_actionnred_administratortrust_account_protection

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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