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Practice Of Real EstateLicense LawHARD

A Tennessee affiliate broker's license expired six months ago due to failure to complete the required continuing education. The broker continued to show properties and negotiate contracts during this period. TREC receives a complaint. Which of the following most accurately describes the legal consequence of the broker's actions during the expired period?

Correct Answer

B) The broker practiced real estate without a valid license, which is a violation subject to TREC disciplinary action and potential criminal penalties.

Under Tenn. Code Ann. § 62-13-302, performing real estate brokerage activities without a current, valid license is unlawful in Tennessee. An expired license does not authorize any real estate activity. Practicing on an expired license exposes the broker to TREC disciplinary action (including denial of reinstatement) and potentially criminal penalties under Tennessee law for unlicensed practice.

Answer Options
A
The broker's actions are valid because the license was merely expired, not revoked, and can be reinstated retroactively.
B
The broker practiced real estate without a valid license, which is a violation subject to TREC disciplinary action and potential criminal penalties.
C
The broker's actions are valid if the transactions were supervised by a licensed broker-in-charge during the expired period.
D
The broker is subject only to a late renewal fee and no disciplinary action for activities during the expired period.

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Related Topics & Key Terms

Key Terms:

disciplinary_actionsexpired_licenseunlicensed_practicecontinuing_educationlicense_renewal

Related Concepts

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.

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

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