Broker Kim holds an active Oklahoma broker license. She is also a licensed attorney and sometimes provides legal advice to real estate clients as part of her real estate representation. A client files a complaint with OREC alleging that Broker Kim gave incorrect legal advice that caused the client financial harm. OREC investigates and determines that the legal advice, while incorrect, was given in Broker Kim's capacity as an attorney rather than as a real estate broker. Which of the following best describes OREC's jurisdiction in this matter?
Correct Answer
B) OREC's jurisdiction is limited to conduct performed in the licensee's capacity as a real estate broker; conduct performed solely in the capacity of a licensed attorney is outside OREC's disciplinary authority and would fall under the Oklahoma Bar Association's jurisdiction
OREC's disciplinary jurisdiction under the Oklahoma Real Estate License Code (Title 59 O.S. § 858-401) extends to conduct performed in a licensee's capacity as a real estate broker or sales associate. When a dual-licensed individual (both attorney and broker) acts solely in their capacity as an attorney, that conduct is governed by the Oklahoma Rules of Professional Conduct and falls under the Oklahoma Bar Association's disciplinary authority, not OREC's. OREC's authority is tied to the real estate licensing function, not to all conduct of a person who happens to hold a real estate license.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.
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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