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Practice Of Real EstateLicense_lawHARD

Virginia salesperson Elena had her license revoked in 2022 for fraudulent conduct. In 2025, she applies for reinstatement of her Virginia real estate license. The VREB reviews her application. Which of the following most accurately describes the VREB's authority and approach in this situation under Virginia License Law?

Correct Answer

C) The VREB has discretion to evaluate the application and may consider the nature of the prior conduct, rehabilitation, and other relevant factors

Under Va. Code § 54.1-2105 and VREB regulations, a license revocation is not necessarily permanent. A former licensee may apply for reinstatement after revocation, but the VREB has discretion to evaluate the application. The Board considers factors such as the nature and severity of the underlying conduct, evidence of rehabilitation, the time elapsed since revocation, and any other relevant circumstances. The VREB is not required to grant reinstatement, and the prior fraudulent conduct will weigh heavily in the evaluation.

Answer Options
A
The VREB must deny the application because a revocation is permanent and no reinstatement is possible under Virginia law
B
The VREB must automatically reinstate the license after three years have passed since the revocation
C
The VREB has discretion to evaluate the application and may consider the nature of the prior conduct, rehabilitation, and other relevant factors
D
The VREB must reinstate the license if Elena passes the state licensing examination again, regardless of the reason for prior revocation

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Related Topics & Key Terms

Key Terms:

license_reinstatementrevocationvreb_discretiondisciplinary_actions

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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