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Pa Rela License LawDisciplinary_processHARD

Under RELA, a Pennsylvania broker, Steven, discovers that one of his salespersons has been collecting rental deposits directly into a personal bank account instead of the brokerage escrow account. Steven immediately fires the salesperson and reports the matter to the SREC. Despite Steven's prompt action, what is Steven's potential disciplinary exposure?

Correct Answer

B) Steven may face discipline for failure to supervise, as RELA requires brokers to maintain systems that prevent such conduct, regardless of prompt remedial action

Under RELA (63 P.S. §455.604), brokers have an affirmative duty to establish and maintain supervisory systems that prevent licensees from engaging in improper conduct. While prompt remedial action may mitigate penalties, it does not eliminate potential liability for inadequate supervisory systems that allowed the misconduct to occur.

Answer Options
A
Steven has no exposure because he reported the violation promptly
B
Steven may face discipline for failure to supervise, as RELA requires brokers to maintain systems that prevent such conduct, regardless of prompt remedial action
C
Steven is fully protected because terminating the salesperson satisfies all supervisory obligations under RELA
D
Steven is only liable if he personally profited from the salesperson's conduct

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Related Topics & Key Terms

Key Terms:

broker_supervisionescrow_violationremedial_actiondisciplinary_processRELA

Related Concepts

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.

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.

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