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Practice Of Real EstateLicense LawMEDIUM

Broker Sandra in West Virginia wants to know whether the WVREC's administrative rules on advertising have the same legal force as the West Virginia Real Estate License Act itself. Which of the following is the most accurate statement?

Correct Answer

D) Commission rules have the force of law and licensees are bound to comply with them just as with the statute

Administrative rules promulgated by the WVREC under its statutory authority, codified in W. Va. C.S.R. § 174-1-1 et seq., have the full force and effect of law. All licensees — salespersons, associate brokers, and brokers — are required to comply with these rules, and violations can result in the same disciplinary sanctions as violations of the License Act itself.

Answer Options
A
Commission rules expire automatically after two years unless re-adopted by the Legislature
B
Commission rules only apply to brokers, not to salespersons or associate brokers
C
Commission rules are merely advisory guidelines and carry no legal enforcement weight
D
Commission rules have the force of law and licensees are bound to comply with them just as with the statute

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Related Topics & Key Terms

Key Terms:

wvrecadministrative_ruleslegal_forcecompliance

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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