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Practice Of Real EstateLicense LawHARD

James is a licensed Tennessee Broker-in-Charge who has been operating his firm for five years. TREC conducts an audit and finds that James has been allowing an Affiliate Broker whose license expired six months ago to continue showing properties and writing offers. Which of the following best describes the potential consequences for James?

Correct Answer

D) James may face disciplinary action by TREC for failing to supervise and ensure that only properly licensed individuals perform real estate activities under his firm.

Under Tenn. Code Ann. § 62-13-312 and TREC rules, a Broker-in-Charge has an affirmative duty to supervise all licensees operating under their firm and to ensure that only properly licensed individuals perform real estate activities. Allowing an individual with an expired license to continue performing licensed activities is a supervisory failure that can result in TREC disciplinary action against the BIC, including license suspension or revocation.

Answer Options
A
James faces no disciplinary action because the Affiliate Broker's expired license is solely the Affiliate Broker's responsibility.
B
James must only pay a reinstatement fee on behalf of the Affiliate Broker to cure the violation.
C
James faces only a civil penalty payable to the client who worked with the expired licensee.
D
James may face disciplinary action by TREC for failing to supervise and ensure that only properly licensed individuals perform real estate activities under his firm.

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Related Topics & Key Terms

Key Terms:

broker_in_chargesupervisionexpired_licensedisciplinary_action

Related Concepts

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

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