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Practice Of Real EstateLicense LawMEDIUM

The SDREC has authority to take which of the following actions against a licensee who has been convicted of a felony involving fraud, even if the crime was unrelated to real estate practice?

Correct Answer

A) Suspend or revoke the license, because a felony conviction involving fraud reflects on the licensee's fitness

Under SDCL 36-21A-71, the SDREC may suspend or revoke a license when a licensee has been convicted of a felony, particularly one involving fraud, dishonesty, or moral turpitude. A felony fraud conviction — even if unrelated to real estate — reflects on the licensee's fitness and trustworthiness to serve the public, which is within the Commission's jurisdiction to address.

Answer Options
A
Suspend or revoke the license, because a felony conviction involving fraud reflects on the licensee's fitness
B
Issue a letter of reprimand only, since the crime was unrelated to real estate transactions
C
Take no action, because crimes unrelated to real estate are outside the Commission's jurisdiction
D
Refer the matter to the State Bar Association for review before taking any disciplinary action

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Related Topics & Key Terms

Key Terms:

sdrecfelony_convictionlicense_revocationfitness_character

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