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Practice Of Real EstateLicense LawMEDIUM

Broker Dana in Sioux Falls receives a complaint from a buyer alleging that Dana failed to disclose a known foundation defect. The SDREC investigates and schedules a formal hearing. During the hearing process, which of the following best describes the standard the SDREC applies when determining whether to revoke Dana's license?

Correct Answer

D) The SDREC applies a preponderance of the evidence standard, consistent with administrative proceedings under South Dakota law

South Dakota administrative disciplinary proceedings, including those conducted by the SDREC under SDCL 36-21A, apply the preponderance of the evidence standard (more likely than not). This is the standard used in civil and administrative proceedings, not the criminal 'beyond a reasonable doubt' standard.

Answer Options
A
The SDREC must prove Dana's guilt beyond a reasonable doubt, the same standard used in criminal proceedings
B
The SDREC requires unanimous agreement from all five commissioners to impose any license revocation
C
The SDREC must obtain a court order from the circuit court before revoking any active real estate license
D
The SDREC applies a preponderance of the evidence standard, consistent with administrative proceedings under South Dakota law

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Related Topics & Key Terms

Key Terms:

sdrecdisciplinary_hearingevidence_standardlicense_revocation

Related Concepts

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

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.

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