The South Carolina Real Estate Commission receives a formal complaint alleging that broker David Collins engaged in misrepresentation during a residential sale. After an investigation, the Commission determines the complaint has merit. Which of the following correctly describes the proper procedural sequence under South Carolina law?
Correct Answer
B) Collins must be notified and given an opportunity for a contested case hearing before the Commission imposes any final disciplinary sanction
Under S.C. Code Ann. § 40-57-410 and the South Carolina Administrative Procedures Act (S.C. Code Ann. § 1-23-310 et seq.), before the SCREC imposes any final disciplinary sanction — including suspension or revocation — the licensee must receive written notice of the charges and be afforded an opportunity for a contested case hearing. Due process requires this procedural protection.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.
Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.
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.
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