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Practice Of Real EstateLicense LawHARD

Under Rhode Island law, which of the following is NOT a power or authority granted to the Rhode Island Department of Business Regulation (DBR) with respect to real estate licensees and commission-related matters?

Correct Answer

C) Setting maximum commission rates that brokers may charge for residential transactions

The Rhode Island DBR does NOT have authority to set maximum (or minimum) commission rates for real estate brokers. Commission rates are freely negotiable between brokers and their clients under Rhode Island law and federal antitrust principles. Any attempt by a government body to fix commission rates would be an antitrust violation. The DBR's authority is limited to licensing, discipline, and enforcement of conduct standards — not price regulation.

Answer Options
A
Suspending or revoking the license of a broker who splits commissions with an unlicensed person
B
Imposing civil fines on licensees who violate commission disbursement requirements
C
Setting maximum commission rates that brokers may charge for residential transactions
D
Investigating complaints against licensees for receiving undisclosed compensation

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Related Topics & Key Terms

Key Terms:

DBR_authoritycommission_rate_settingantitrustreverse_question

Related Concepts

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

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