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Patricia recently passed her Tennessee real estate exam and is applying for her Affiliate Broker license. She discloses on her application that she was convicted of felony fraud five years ago. Under Tennessee law, how will TREC most likely handle her application?

Correct Answer

B) TREC will review the conviction on a case-by-case basis to determine if it directly relates to the practice of real estate

Under Tenn. Code Ann. § 62-13-312, TREC has discretionary authority to deny a license application based on criminal history. TREC evaluates criminal convictions on a case-by-case basis, considering the nature of the crime, its relationship to real estate practice, the time elapsed, and evidence of rehabilitation. A felony fraud conviction is particularly relevant given its direct connection to honesty and integrity in real estate dealings, but automatic denial is not mandated.

Answer Options
A
TREC must automatically deny her application because any felony conviction bars licensure
B
TREC will review the conviction on a case-by-case basis to determine if it directly relates to the practice of real estate
C
TREC must approve her application because five years have passed since the conviction
D
TREC will defer the decision to the Tennessee Bureau of Investigation

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Related Topics & Key Terms

Key Terms:

criminal_historylicense_applicationTREC_discretion

Related Concepts

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