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A licensed salesperson in South Carolina is found to have commingled client funds with her personal bank account. Which of the following actions is the South Carolina Real Estate Commission authorized to take?

Correct Answer

B) Issue a written reprimand, impose a fine, suspend or revoke the license, or any combination thereof

Under S.C. Code Ann. § 40-57-410, the SCREC has broad disciplinary authority including the power to issue a formal reprimand, impose civil penalties (fines), suspend a license for a specified period, or revoke a license outright — or any combination of these sanctions. Commingling client funds is a serious violation that may trigger any of these remedies.

Answer Options
A
Refer the matter exclusively to the local county court for criminal prosecution
B
Issue a written reprimand, impose a fine, suspend or revoke the license, or any combination thereof
C
Require the salesperson to pay restitution directly to the client but take no further disciplinary action
D
Suspend the license for a mandatory minimum of two years without the possibility of a hearing

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Related Topics & Key Terms

Key Terms:

disciplinary_authoritycommission_powerscomminglinglicense_revocation

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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