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Practice Of Real EstateLicense_lawEASY

Marcus is a Vermont licensed real estate broker who wishes to challenge a VREC rule he believes exceeds the Commission's statutory authority. After exhausting the VREC's internal process, what is Marcus's next appropriate legal avenue?

Correct Answer

D) Appeal to the Vermont Superior Court under the Vermont Administrative Procedure Act

VREC decisions and rules are administrative actions subject to judicial review under the Vermont Administrative Procedure Act (3 V.S.A. Chapter 25). After exhausting the Commission's internal process, a licensee may appeal a final VREC order or challenge a rule in the Vermont Superior Court.

Answer Options
A
File a complaint with the Vermont Department of Labor
B
Request a review by the Vermont Real Estate Commission's national counterpart, ARELLO
C
Submit a petition directly to the Vermont Governor's office for review
D
Appeal to the Vermont Superior Court under the Vermont Administrative Procedure Act

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Related Topics & Key Terms

Key Terms:

vrecadministrative_appealcommission_powersjudicial_review

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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