EstatePass
Practice Of Real EstateLicense_lawHARD

A South Carolina real estate licensee is found guilty of a crime involving moral turpitude in a state court. The licensee argues that the SCREC cannot discipline her because the criminal conviction is unrelated to a real estate transaction. Which of the following best describes the SCREC's authority in this situation?

Correct Answer

D) The SCREC may discipline the licensee based on the criminal conviction even if it does not directly involve a real estate transaction

Under S.C. Code Ann. § 40-57-410, the SCREC is authorized to discipline a licensee who has been convicted of or pled guilty or nolo contendere to a crime involving moral turpitude, regardless of whether the crime is directly related to a real estate transaction. A conviction for a crime of moral turpitude reflects on the licensee's fitness and trustworthiness to hold a license, and the Commission may impose sanctions including suspension or revocation.

Answer Options
A
The SCREC cannot act because its jurisdiction is limited to violations that occur within real estate transactions
B
The SCREC may only issue a written reprimand for a first offense involving a crime unrelated to real estate practice
C
The SCREC must wait until the licensee's appeal of the criminal conviction is fully exhausted before initiating proceedings
D
The SCREC may discipline the licensee based on the criminal conviction even if it does not directly involve a real estate transaction

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Practice Of Real Estate Question

Sign up free to unlock full analysis

Background Knowledge for Practice Of Real Estate

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Practice Of Real Estate

Sign up free to unlock full analysis

Common Mistakes to Avoid on Practice Of Real Estate Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

disciplinary_authoritymoral_turpitudecriminal_convictioncommission_powers

Related Concepts

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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.

Was this explanation helpful?

More Practice Of Real Estate Questions

People Also Study

Related Articles

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing