Under RELA, a Pennsylvania broker, James, is subject to SREC discipline after one of his salespersons forged a client's signature on a purchase agreement. James had no direct involvement in the forgery. The SREC charges James with failure to supervise. At the hearing, what must the SREC prove to sustain the charge?
Correct Answer
A) That James failed to establish or enforce adequate supervisory policies and procedures that should have prevented or detected the salesperson's misconduct
Under RELA (63 P.S. §455.604), to sustain a failure-to-supervise charge, the SREC must show that the broker failed to establish or enforce adequate supervisory systems. The broker's personal participation or presence is not required; the issue is whether reasonable supervisory measures were in place.
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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 Pa Rela License Law Questions
Under RELA, how often must Pennsylvania real estate licensees renew their licenses?
Under RELA, a Pennsylvania licensee who held an active license for 25 years is approaching retirement and wonders about the status of their license after retirement. If the licensee stops renewing, what is the ultimate status of the license?
Under RELA, the SREC discovers that a CE course provider has been issuing completion certificates to students who did not actually attend or complete the course. What action may the SREC take against the provider?
Under RELA, a Pennsylvania CE course provider wants to offer a new course on commercial real estate investment. What must the provider do before offering the course for CE credit?
Under RELA, a Pennsylvania licensee holds both a salesperson license and a cemetery salesperson license. How many total CE hours must this licensee complete per renewal cycle?
- → Laura, a Pennsylvania salesperson, completed 10 hours of CE before her renewal deadline but needs 14 hours. She realizes she is 4 hours short on the day before the renewal deadline. Under RELA, what happens if Laura fails to complete the required CE before renewal?
- → Under RELA, a Pennsylvania salesperson, Marcus, learns that the SREC has opened an investigation into his conduct. Marcus wants to know if he can continue working during the investigation. Which statement is correct?
- → Under RELA, a Pennsylvania broker of record, Alan, voluntarily surrenders his license to the SREC while facing disciplinary charges for trust account violations. What effect does the voluntary surrender have?
- → Under RELA, after the SREC issues a final disciplinary order, a Pennsylvania licensee disagrees with the decision. What is the licensee's avenue of appeal?
- → Under RELA, a Pennsylvania broker, Diane, is charged by the SREC with failing to supervise a salesperson who committed fraud. Diane claims she had no knowledge of the salesperson's actions. Which statement is MOST accurate regarding Diane's liability?
- → Under RELA, the Pennsylvania licensing examination for real estate salespersons is administered by which entity?
- → Under RELA, which license category allows a real estate professional in Pennsylvania to open and operate their own brokerage firm?
- → A Pennsylvania broker, Victoria, has her license suspended by the SREC for 90 days due to an advertising violation. During the suspension period, one of her salespersons, Nathan, closes a transaction that was already under contract before the suspension. Under RELA, what is the status of Nathan's transaction?
- → A licensed broker from New Jersey wants to obtain a Pennsylvania broker's license. Under RELA, which of the following best describes how Pennsylvania handles out-of-state broker applicants?
- → Under RELA, if a salesperson's employing broker has their license revoked by the SREC, what happens to the salesperson's license status?
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