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Trela Trec RulesDisciplinary_actionsHARD

TREC investigates a license holder and finds credible evidence that the license holder refused to show a property to a prospective buyer based on the buyer's race. Which of the following best describes TREC's authority to act on this finding?

Correct Answer

A) TREC may take disciplinary action because the conduct violates TRELA's prohibition on dishonest dealing and the Canons of Professional Ethics, independent of any federal fair housing proceeding

TREC does not enforce the federal Fair Housing Act directly, but it has independent authority under TRELA §1101.652(b) to discipline a license holder for dishonest dealing, misrepresentation, and violations of the Canons of Professional Ethics. Racial discrimination in a real estate transaction constitutes dishonest dealing and a breach of the ethical standards codified in 22 TAC §531.1. TREC may pursue disciplinary action on these grounds regardless of whether a parallel federal or state fair housing proceeding is initiated or concluded.

Answer Options
A
TREC may take disciplinary action because the conduct violates TRELA's prohibition on dishonest dealing and the Canons of Professional Ethics, independent of any federal fair housing proceeding
B
TREC may impose only a written reprimand, since substantive penalties for discrimination are reserved exclusively for federal enforcement agencies
C
TREC must suspend enforcement until HUD or a federal court makes a final determination on the fair housing violation
D
TREC may act only if the license holder has a prior disciplinary history, because a first-time fair housing violation is subject to a mandatory warning period under TREC rules

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Related Topics & Key Terms

Key Terms:

fair_housingdiscriminationdisciplinary_actioncanons_of_ethics
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