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Practice Of Real EstateLicense_lawHARD

Victor, a Washington broker, had his license revoked by the DOL three years ago for conversion of client funds. Victor now wants to re-enter the real estate industry. He applies for a new broker's license, fully disclosing the prior revocation on his application. Under RCW 18.85, which statement most accurately describes the DOL's authority regarding Victor's new application?

Correct Answer

B) The DOL may deny Victor's application based on the prior revocation, but it is not automatically required to do so.

Under RCW 18.85, a prior license revocation is a factor the DOL must consider when evaluating a new license application, but it does not create an absolute permanent bar to future licensure. The DOL has discretionary authority to deny the application based on the prior revocation and the nature of the underlying conduct (conversion of client funds is particularly serious), but this denial is not automatic. The DOL evaluates the circumstances, time elapsed, evidence of rehabilitation, and other relevant factors.

Answer Options
A
The DOL must deny Victor's application because a prior revocation is an absolute permanent bar to licensure in Washington.
B
The DOL may deny Victor's application based on the prior revocation, but it is not automatically required to do so.
C
The DOL must grant Victor's application because he fully disclosed the prior revocation and three years have passed.
D
The DOL may only approve Victor's application if he obtains a letter of recommendation from his prior designated broker.

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Related Topics & Key Terms

Key Terms:

license_applicationprior_revocationDOL_discretionrehabilitationRCW_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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