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Practice Of Real EstateLicense LawMEDIUM

James is a Tennessee affiliate broker who, without authorization, signs his supervising broker's name on a listing agreement and submits it to a seller. TREC investigates the complaint. Under Tennessee license law, which of the following violations is James most likely to be charged with?

Correct Answer

C) Forgery and misrepresentation, which are grounds for disciplinary action under the Tennessee Real Estate Broker License Act

Signing another person's name without authorization constitutes forgery, and submitting it as a valid document involves misrepresentation. Both are serious violations of the Tennessee Real Estate Broker License Act under Tenn. Code Ann. § 62-13-312, which lists dishonest dealing, misrepresentation, and fraudulent conduct as grounds for disciplinary action, including license revocation.

Answer Options
A
Negligent misrepresentation, because James failed to disclose a material fact to the seller
B
Unauthorized practice of law, because James drafted a legal contract
C
Forgery and misrepresentation, which are grounds for disciplinary action under the Tennessee Real Estate Broker License Act
D
Breach of fiduciary duty only, which is resolved through civil litigation and not TREC discipline

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Related Topics & Key Terms

Key Terms:

disciplinary_actionsmisrepresentationfraudforgeryaffiliate_broker

Related Concepts

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

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