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Practice Of Real EstateLicense_lawMEDIUM

Under Oregon real estate license law, which of the following is NOT a ground for disciplinary action by the Oregon Real Estate Agency against a licensed Broker or Principal Broker?

Correct Answer

D) Receiving a lower commission rate than the rate suggested by a local real estate association

Receiving a commission rate lower than a rate suggested by a local real estate association is NOT a ground for disciplinary action — in fact, commission rates in Oregon (and throughout the United States) are freely negotiable between parties. There is no minimum commission rate set by law or by OREA. Suggesting or enforcing a minimum commission rate would constitute antitrust price-fixing. A licensee who charges less than a 'suggested' rate has committed no violation.

Answer Options
A
Engaging in misrepresentation or fraud in a real estate transaction
B
Commingling client trust funds with the licensee's personal operating funds
C
Failing to disclose a known material defect in a property to a prospective buyer
D
Receiving a lower commission rate than the rate suggested by a local real estate association

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Related Topics & Key Terms

Key Terms:

disciplinary_actioncommission_ratesantitrustorea_powersgrounds_for_discipline

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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