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Practice Of Real EstateLicense LawHARD

The SDREC is investigating whether broker firm XYZ Realty, LLC, engaged in deceptive advertising by failing to include the firm's licensed name in online property listings. Under SDCL Chapter 36-21A, which of the following most accurately describes the SDREC's enforcement authority in this situation?

Correct Answer

D) The SDREC may discipline the responsible broker, the firm, or both, for violations of advertising rules under the license law

Under SDCL 36-21A, the SDREC has authority to discipline both the responsible broker and the brokerage firm for advertising violations. The broker of record is responsible for supervising all licensees associated with the firm, and the firm itself may be subject to disciplinary action. South Dakota advertising rules require that all advertising clearly identify the licensed firm name, and violations can result in sanctions against the broker, the firm, or both.

Answer Options
A
The SDREC may only issue a cease-and-desist order and cannot impose fines or license sanctions for advertising violations
B
The SDREC must refer advertising violations to the South Dakota Attorney General's Consumer Protection Division exclusively
C
The SDREC may only discipline the individual salesperson who posted the listing, not the broker or the firm
D
The SDREC may discipline the responsible broker, the firm, or both, for violations of advertising rules under the license law

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Related Topics & Key Terms

Key Terms:

sdrecadvertising_rulesbroker_supervisionfirm_disciplineenforcement

Related Concepts

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