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Practice Of Real EstateLicense_lawHARD

Angela passed the Washington broker exam and submitted her license application to the DOL. The DOL discovers that Angela was convicted of mortgage fraud five years ago. Under RCW 18.85, which of the following best describes the DOL's authority in this situation?

Correct Answer

B) The DOL may deny Angela's application after considering the nature of the crime, its relation to the real estate profession, and the time elapsed since conviction

Under RCW 18.85.361, the Washington DOL has the authority to deny a license application based on a criminal conviction if the crime is substantially related to the qualifications, functions, or duties of a real estate licensee. The DOL conducts an individualized assessment considering the nature and seriousness of the crime, its direct relationship to real estate practice, and the amount of time elapsed since the conviction. Mortgage fraud is directly related to real estate practice, making it a legitimate basis for denial after this individualized review.

Answer Options
A
The DOL must deny Angela's application because any felony conviction within the past ten years is an automatic bar to licensure
B
The DOL may deny Angela's application after considering the nature of the crime, its relation to the real estate profession, and the time elapsed since conviction
C
The DOL has no authority to deny Angela's application based on a criminal conviction that occurred before she applied for a license
D
The DOL must issue Angela's license because she has already passed the examination and met all educational requirements

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Related Topics & Key Terms

Key Terms:

criminal_convictionlicense_denialDOL_authorityfitness_for_licensureRCW_18.85

Related Concepts

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.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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