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Practice Of Real EstateLicense LawHARD

The SDREC has specific authority to discipline licensees for a range of violations under SDCL 36-21A-71. Which of the following is NOT a ground for disciplinary action by the SDREC against a South Dakota real estate licensee?

Correct Answer

A) Negotiating a commission rate that is lower than the rate recommended by the local real estate association

Negotiating a commission rate lower than a local association's recommended rate is NOT a ground for SDREC disciplinary action — in fact, requiring a minimum commission rate would constitute illegal price-fixing under antitrust law. Commission rates are freely negotiable, and no law or rule requires licensees to charge a minimum rate. Charging a lower rate is not a violation of any provision of SDCL Chapter 36-21A.

Answer Options
A
Negotiating a commission rate that is lower than the rate recommended by the local real estate association
B
Making a material misrepresentation to a buyer about a property's condition
C
Failing to account for or remit money belonging to clients in a timely manner
D
Commingling client funds with the broker's personal or business operating funds

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Related Topics & Key Terms

Key Terms:

sdrecdisciplinary_groundsantitrustcommission_ratesreverse_question

Related Concepts

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