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Practice Of Real EstateLicense_lawEASY

A consumer in South Carolina files a formal complaint with the SCREC against a licensee for alleged fraud. After reviewing the complaint, the Commission determines it lacks jurisdiction because the conduct described does not involve a licensed activity. What is the most likely next step?

Correct Answer

A) The SCREC may dismiss the complaint and refer the consumer to the appropriate agency or court with proper jurisdiction

If the SCREC determines that a complaint falls outside its jurisdiction — for example, because the alleged conduct does not involve licensed real estate activity — the Commission may dismiss the complaint. It may also refer the consumer to the appropriate forum, such as the civil courts, the SC Attorney General's Consumer Protection Division, or another regulatory agency with proper jurisdiction over the conduct described.

Answer Options
A
The SCREC may dismiss the complaint and refer the consumer to the appropriate agency or court with proper jurisdiction
B
The SCREC must still conduct a full formal hearing even if it believes jurisdiction is lacking
C
The SCREC must impose a fine on the licensee regardless of whether the conduct involved a licensed activity
D
The SCREC must forward the complaint to the NAR Professional Standards Committee for review

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Related Topics & Key Terms

Key Terms:

complaint_processcommission_jurisdictiondisciplinary_procedurescrec_powers

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