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Practice Of Real EstateLicense_lawMEDIUM

The South Carolina Real Estate Commission has the authority to promulgate regulations governing real estate practice in the state. Under which body of South Carolina law does the Commission derive this rule-making authority?

Correct Answer

D) The South Carolina Real Estate License Law, S.C. Code Ann. §§ 40-57-10 et seq., which expressly delegates rule-making authority to the SCREC

The SCREC's authority to adopt, amend, and repeal regulations is expressly delegated by the South Carolina Real Estate License Law, S.C. Code Ann. §§ 40-57-10 et seq. This statute creates the Commission and grants it the power to promulgate regulations necessary to carry out the purposes of the License Law. The resulting regulations are codified at S.C. Code Ann. Regs. 36-1 through 36-9.

Answer Options
A
The National Association of REALTORS Code of Ethics, which has been incorporated by reference into SC law
B
The South Carolina Constitution, Article IV, which grants all state agencies inherent regulatory power
C
The federal Real Estate Settlement Procedures Act (RESPA), which authorizes state commissions to issue supplemental rules
D
The South Carolina Real Estate License Law, S.C. Code Ann. §§ 40-57-10 et seq., which expressly delegates rule-making authority to the SCREC

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Related Topics & Key Terms

Key Terms:

commission_powersrule_making_authoritylicense_lawscrec_regulations

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